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Nathan and Associates - A Solution focused Law firm

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Nathan and Associates - A Solution focused Law firm

M/s. Nathan & Associates is a solution focused law firm, having vast experience in reputed advocacy.!

25/09/2026

As AI becomes an integral part of business workflows, prompts are emerging as valuable digital assets. But can they be protected as intellectual property?

Understanding the legal position on ownership, confidentiality, and commercial use of AI prompts is becoming essential for businesses building AI-driven strategies.

Read the full blog: https://zurl.co/0lNwh

23/09/2026

J&K High Court Clarifies Section 195 CrPC Applies Only at the Cognisance Stage

Key Issue

Whether the absence of a complaint by a competent public servant under Section 195 CrPC invalidates the registration of an FIR and the subsequent investigation.

Facts

The High Court of Jammu & Kashmir and Ladakh examined the scope of Section 195 of the Code of Criminal Procedure in a petition seeking quashing of an FIR registered during the COVID-19 lockdown. The petitioner was booked for offences under Sections 188, 269, and 353 of the Indian Penal Code and argued that the proceedings were void since no complaint had been filed by the competent public servant as required under Section 195 CrPC.

The petitioner contended that, in the absence of such a complaint, the FIR itself was unsustainable. The State opposed the petition, submitting that the allegations disclosed cognisable offences warranting investigation and that Section 195 does not prohibit the police from registering an FIR or conducting an investigation.

The Court examined the statutory scheme of Section 195 CrPC and the stage at which the restriction imposed by the provision becomes operative.

Judgement

The High Court held that Section 195 CrPC creates a bar only at the stage when a court takes cognisance of specified offences and does not prohibit the registration of an FIR or the conduct of a police investigation. The Court observed that objections regarding compliance with Section 195 are premature before cognisance is taken and must be raised before the trial court at the appropriate stage of charge or discharge.

Accordingly, the petition seeking quashing of the FIR was dismissed. The judgment reaffirms that procedural safeguards under Section 195 CrPC regulate the court's power to take cognisance, not the investigative powers of the police, thereby preserving the distinction between investigation and trial.

Citation: Mushtaq Ahmad Ganie v. Union Territory of J&K & Anr., 2024 SCC OnLine J&K 512

21/09/2026

The credibility of the justice system rests on reasoned decision-making, procedural fairness, and ethical conduct before the courts.

These judicial principles reinforce the need for well-reasoned judgments, truthful pleadings, and effective legal representation to uphold the rule of law.

18/09/2026

International Equal Pay Day

Equal remuneration is not merely an ethical objective but a legal commitment. The Code on Wages, 2019 prohibits discrimination in wages on the ground of gender for similar work, reinforcing the constitutional principles of equality and fairness in employment.

16/09/2026

Supreme Court Upholds Finality of SLPs and Reaffirms the Commercial Wisdom of the CoC

Key Issue

Whether a finally disposed Special Leave Petition (SLP) can be recalled on the basis of subsequent developments in insolvency proceedings, including the emergence of a higher financial offer before the Committee of Creditors (CoC).

Facts

The Supreme Court considered an application seeking recall of its earlier order dismissing a Special Leave Petition arising out of insolvency proceedings under the Insolvency and Bankruptcy Code, 2016 (IBC). The applicant contended that a higher financial offer had subsequently emerged during the Corporate Insolvency Resolution Process and argued that this development warranted reconsideration of the Court's earlier decision.

The dispute involved competing claims regarding the resolution process and whether later developments could reopen proceedings that had already attained finality. The applicant further sought judicial intervention on the ground that acceptance of the higher offer would better serve the interests of stakeholders.

The Court examined the scope of its review powers alongside the statutory framework of the IBC, particularly the role of the Committee of Creditors (CoC) in evaluating and approving resolution plans.

Judgement

The Supreme Court refused to recall its earlier order, holding that a disposed Special Leave Petition cannot be reopened merely because subsequent developments have taken place during insolvency proceedings. The Court reaffirmed that the commercial wisdom of the Committee of Creditors is paramount, and courts cannot compare competing financial offers or substitute their own assessment for that of the CoC.

The judgment reinforces two settled principles under insolvency law: the finality of judicial proceedings and minimal judicial interference in commercial decisions taken by the CoC. The Court observed that permitting such challenges would undermine the certainty and time-bound framework envisaged under the Insolvency and Bankruptcy Code.

Citation: M/s Lamba Exports Pvt. Ltd. v. M/s Dhir Global Industries Pvt. Ltd., SLP (C) No. 12264/2024, Order dated 25 February 2025

15/09/2026

International Day of Democracy

Democracy thrives when constitutional values, the rule of law, and equal participation are protected. The Constitution of India guarantees democratic governance through fundamental rights, free elections, and accountable institutions, ensuring that every citizen has a voice in shaping the nation.

14/09/2026

Happy Ganesh Chaturthi

May Lord Ganesha remove every obstacle from your path and bless you with wisdom, success, and new beginnings. Wishing you and your loved ones a joyful, peaceful, and prosperous Ganesh Chaturthi.

12/09/2026

SUPREME COURT: NO EVIDENCE THAT LETHAL INJECTION IS LESS PAINFUL THAN HANGING

The Supreme Court has declined to replace hanging with lethal injection as the prescribed method of executing a death sentence in India.

A Bench of Justices Vikram Nath and Sandeep Mehta dismissed the challenge to hanging, holding that the petitioner had not placed sufficient scientific or empirical material to establish that lethal injection would provide a more humane or less painful method of ex*****on.

The Court, however, did not close the constitutional debate permanently.

It clarified that future scrutiny would remain possible if compelling scientific, medical or empirical evidence demonstrates that the basis of the earlier Deena decision has materially changed. The Union Government may also undertake a comprehensive review of the existing method through an expert body.

The important constitutional question therefore remains:

If the death penalty is constitutionally permissible, does Article 21 also require the State to adopt the least painful and most dignified method of ex*****on available?

For now, the answer remains hanging.

But the Court has left the door open for science, medical evidence and evolving constitutional standards to change that position in the future.

11/09/2026

Can AI-assisted content be protected by copyright? The answer depends on the extent of human creativity involved.

As AI becomes an integral part of content creation, understanding the distinction between AI-generated and AI-assisted works is essential for creators and businesses seeking to protect their intellectual property and minimise legal risks.

Read the full blog here: https://zurl.co/SKrui

09/09/2026

Delhi High Court Clarifies Limits of Exclusive GI Protection in the ‘PISCO’ Dispute

Key Issue

Whether a geographical indication can receive exclusive protection when the term has an established historical and commercial association with more than one country.

Facts

The Delhi High Court examined a dispute concerning the Geographical Indication (GI) "PISCO", following a claim by the Embassy of Peru seeking exclusive recognition of the term for its alcoholic spirit. The application was opposed by Asociacion De Productores De Pisco A.G., representing the Chilean industry, which asserted that "PISCO" has historically and commercially been associated with spirits produced in both Peru and Chile.

The Court considered the provisions of the Geographical Indications of Goods (Registration and Protection) Act, 1999, noting that the purpose of GI protection is to identify goods as originating from a particular geographical region while preventing consumer deception. It observed that "PISCO" has long enjoyed recognition as a spirit produced in both countries. Granting exclusive rights to Peru, therefore, would likely create confusion regarding the true origin of the product and undermine the objective of GI protection.

Judgement

The Delhi High Court declined to grant exclusive GI protection for the term "PISCO" and upheld its limited registration as "PERUVIAN PISCO." The Court reaffirmed that consumer confusion is a statutory bar to GI registration and that geographical indications must accurately reflect commercial reality rather than confer monopolistic rights over terms with shared historical significance.

The ruling reinforces that GI protection is intended not only to safeguard geographical origin but also to preserve market clarity, prevent deception, and ensure that consumers are not misled regarding the source of goods.

Citation: Embassy of Peru v. Asociacion De Productores De Pisco A.G., 2026 SCC OnLine Del 501

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Opening Hours

Monday	9am - 9pm
Tuesday	9am - 9pm
Wednesday	9am - 9pm
Thursday	9am - 9pm
Friday	9am - 9pm
Saturday	9am - 5pm

Website

http://www.nathanandassociates.com/

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