Search for: "State v. Banerjee"
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10 May 2024, 9:30 pm
H/t Michael Banerjee The U.S. [read post]
23 Jan 2023, 4:00 am
: The Enduring Role of Pope Alexander VI’s Inter caetera in Spanish Colonization, (CSLR Research Paper No.1.2023-AFF).Francis Beckwith, Dignitatis Humanae and the Challenges of the New Modern World, (January 6, 2023).Jeremy Kessler, The Legal Origins of Catholic Conscientious Objection, (William & Mary Bill of Rights Journal, Vol. 31, No. 2, 2022).From SSRN (Abortion Rights):Dinah Aryeh, Dennis Chen, Arianne Juin Raymond & Nara Sandberg, The Economic… [read post]
11 May 2022, 4:09 pm
Contents include:Case CommentsAgora: Víctor Pey Casado and President Allende Foundation v Republic of ChileAntonio R Parra, Víctor Pey Casado and President Allende Foundation v Republic of Chile: ‘ICSID’s Longest-Running Case’ An introduction to the Agora Niccoló Ridi, Víctor Pey Casado and President Allende Foundation v Republic of Chile: Layers of Preclusion Danielle Morris & Cem… [read post]
28 Apr 2022, 9:01 pm
Thank you Hal [Scott] for that kind introduction and for inviting me to speak today. [read post]
28 Jul 2021, 6:38 pm
(Graham v. [read post]
25 Jun 2021, 10:19 am
In Kedar Nath v. [read post]
1 Feb 2021, 11:27 am
Singh considers two cases, Bayer v Natco and Novartis AG v Union of India, to see how compulsory licensing of pharmaceuticals and evergreening of patents are dealt with by the Indian judiciary.Part VII “Lores of IP during wartime”Arpan Banerjee and Dana Beldiman, in Chapter 14, “International Trade Mark Enforcement Under the Versailles Treaty: A Case Study of Sanatogen”, discuss how the Bombay High Court applied IP-related provisions of the… [read post]
2 Jul 2019, 4:09 pm
“Likely” in this context normally means “more likely than not”, though a lesser prospect of success may suffice where the Court needs a short time to consider evidence/argument, or where the adverse consequences of publication might be extremely serious: Cream Holdings Ltd v Banerjee [2005] 1 AC 253 [16]-[23] (Lord Nicholls); ABC v Telegraph Media Group Ltd [2018] EWCA Civ 2329 [2019] EMLR 5 [16]. [read post]
1 Mar 2019, 11:29 am
Williamson v. [read post]
29 Oct 2018, 5:58 pm
Banerjee [2004] UKHL 44). [read post]
8 Aug 2018, 2:02 am
The test in Bonnard is a much higher threshold than in claims for interim injunctions in privacy claims, where the applicant only need establish that his claim is more likely than not to succeed at trial (Cream Holdings Ltd v Banerjee ([2005] AC 253). [read post]
18 Jan 2018, 8:47 am
Data-Driven Regulatory Governance and Its Distorting Effects V. [read post]
4 Jun 2017, 7:51 pm
These state owned enterprises (SOEs) operate where state duty and enterprise responsibility meet. [read post]
In Defence of the Triple Test: A Case for Retaining the Standard in Bangalore Water Supply (Part-II)
25 Nov 2016, 12:23 pm
Banerjee v P.R.Mukherjee,[5]the first case placed before the Supreme Court on this definition, judges have struggled to evolve a coherent framework.[6]As Justice Bhagwati observed in Workman of Indian Standards Institution, “the tests have not been uniform, they have been guided by empirical rather than a strictly analytical approach. [read post]
In Defence of the Triple Test: A Case for Retaining the Standard in Bangalore Water Supply (Part-II)
25 Nov 2016, 12:23 pm
Banerjee v P.R.Mukherjee,[5]the first case placed before the Supreme Court on this definition, judges have struggled to evolve a coherent framework.[6]As Justice Bhagwati observed in Workman of Indian Standards Institution, “the tests have not been uniform, they have been guided by empirical rather than a strictly analytical approach. [read post]
1 Aug 2015, 4:40 pm
In Cream Holdings Ltd v Banerjee [2005] 1 AC 253, the House of Lords provided some flexibility in respect of the interpretation of the term “likely” here but the judge considered simply that he had to show that “the defendant is likely to fail to establish one of the statutory defences”. [read post]
2 Oct 2014, 5:07 pm
The general approach had to be that courts should be “exceedingly slow” to grant an injunction to restrain publication where the applicant had not satisfied the court that he would probably, or “more likely than not”, succeed at trial (Cream Holdings Ltd v Banerjee [2004] UKHL 44). [read post]
30 Aug 2014, 5:22 am
In Ajoy Kumar Banerjee v. [read post]
13 Oct 2012, 9:39 pm
If there is any excepted matter which is raised by the petitioner as claimant, it will be open to the State to object thereto, inter alia, under Section 16 of the Arbitration and Conciliation Act, 1996. [read post]
8 Mar 2012, 10:59 pm
At [63]-[64] Lord Rodger stated: “What’s in a name? [read post]
