#Section 8

The Delhi High Court ruled that trademark infringement claims against an ex-licensee and its affiliates are arbitrable under the licence agreement as subordinate rights in personam, not rights in rem. Non-signatory affiliates are bound as persons claiming through the signatory, extending the arbitration clause to related entities.

The Supreme Court struck down an ex parte externment order for breaching the mandatory notice and hearing provision of Section 8 of the Chhattisgarh Rajya Suraksha Adhiniyam, reaffirming natural-justice safeguards. The ruling bars authorities from imposing exile without prior notice, protecting individuals facing such orders across Chhattisgarh.

The Delhi High Court ruled that an arbitration clause embedded in an invoice, though unsigned, is enforceable if the parties’ subsequent conduct indicates assent, allowing a Section 8 application to refer the dispute to arbitration. This clarifies that a physical signature is not essential for arbitration agreements, benefiting businesses relying on conduct-based acceptance.

Punjab and Haryana High Court clarifies that occupancy rights under Punjab Tenancy Act require proof of 30-year continuous possession, rent within land revenue limits, and strict evidence of custom or implied promise.