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  Overview The Supreme Court of India has recently addressed a pivotal question in the realm of intellectual property and arbitration: Are all trademark disputes excluded from arbitration? The answer, as clarified in the case of K. Mangayarkarasi & Anr. v. N.J. Sundaresan & Anr., is a definitive no—at least when the dispute arises from private contractual arrangements rather than statutory rights. Case Title and Citation Case Title: K. Mangayarkarasi & Anr. v. N.J. Sundaresan & Anr. Citation: SLP (C) No. 13012 of 2025 Bench: Justice J.B. Pardiwala Factual Matrix The dispute involved family members contesting the right to use the trademark “Sri Angannan Biriyani Hotel.” The plaintiffs sought a permanent injunction and damages, alleging that the defendants had forged assignment deeds and engaged in misconduct. The defendants, in turn, invoked arbitration clauses present in the assignment deeds, seeking referral of the matter to arbitration. Procedural Journey The Co...

The Supreme Court of India, in the case of Vijaya Bank & Anr. v. Prashant B Narnaware (Civil Appeal No. 11708 of 2016, judgment dated 14 May 2025), addressed the enforceability of an employment bond that required an employee to pay liquidated damages if they resigned before completing a stipulated minimum service period. The respondent, who initially joined Vijaya Bank as a Probationary Assistant Manager in 1999 and was later promoted, applied for and was appointed to the post of Senior Manager—Cost Accountant in 2007. The appointment was subject to a condition, as stated in Clause 11(k) of the appointment letter, that mandated a minimum service of three years, failing which the employee was required to pay an indemnity of ₹2 lakhs. The respondent accepted the condition, executed the required bond, and joined the new post. However, before completing three years, he resigned to join another bank and, under protest, paid the stipulated amount to Vijaya Bank. Subsequently, the respond...

 Supreme Court Clarifies "Readiness and Willingness" Requirement in Specific Performance Cases Recent Judgment Sets Precedent on Acceptance of Earnest Money Refund By Abhishek Jat, Advocate In a significant ruling that reshapes the landscape of real estate contract enforcement, the Supreme Court of India has delivered a noteworthy judgment in Sangita Sinha v. Bhawana Bhardwaj and Ors. (Civil Appeal No. 4972 of 2025). The Court has clarified crucial aspects regarding the "readiness and willingness" requirement for specific performance of contracts and established that acceptance of refunded earnest money may render a specific performance claim untenable. Case Background The dispute originated from an unregistered Agreement to Sell executed on January 25, 2008, for a property in Patna valued at ₹25 lakhs. The buyer (respondent) had paid ₹2.51 lakhs in cash and issued three post-dated cheques of ₹2.5 lakhs each. Shortly thereafter, the seller alleged that her si...