Article

Lighting Up the Judicial Trend of John Doe Orders in India | Original Article

Rohit Rohilla* Rajat Bawaniwal in Shriji Socio-Legal Journal | Law

ABSTRACT:

A John Doe order is an ex-parte interim injunction which does not require the defendant to be identified prior to the filing of the law suit. Such orders are popular in the cases of intellectual property rights and enable an intellectual property rights owner to serve notice and take action against anyone, whose identity is unknown and found infringing the intellectual property rights. There is an exponential spate in the grant of John Doe orders by the Indian Courts. Right from the very beginning, the courts in India have followed the footsteps of courts in other countries. However, this kind of approach may result in a mismatch between the statutory laws and the case laws.Through this paper, the researchers intend to explain the concept of John Doe orders by examining the statutory provisions and judicial decisions. An attempt will be made to comprehensively analyse the Indian position and to propose suggestions to mitigate the inconsistencies (if any) in the Indian judicial approach.

 

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