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IMPORTANCE OF TRADEMARK

INTRODUCTION  Trademark could be any word, phrase, or symbol, which might represent a specific company or product. Trademark basically distinguish the products or services of one company or organization from the other competitor companies may provide. There are some examples of trademarks which include acronyms (like NBC, IBM) and extend to slogans, stylized fonts, and even colours.  According to section2 (1) (zb) of the Trademarks Act, 1999, “trade mark” means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours. This is the definition given by the Act itself.  Trademark gives a service or organization or any product its legal unique recognitions.The trademark can be used to refer to both goods and services. For services it also is addressed as a Service Read More

RE THINKING ON THE INDIAN COURT VACATION SYSTEM – A VICIOUS CYCLE IN DELAYED JUSTICE.

Shreyash Mohta

At the threshold, let me start my stating this that unlike my previous blogs, I cannot just pen down points here and elaborate the same. As simple as the topic may sound, there is more to it than what catches to the naked eye. I shall try to bind all possible threads and make it as an interwoven fabric so that the readers understand this topic beyond just court vacations. The reason of writing this blog is that ‘Court Vacations’ have become more like a black spot to the Indian Judicial System. Come what may, it all drools down to the point of concern that courts have vacations and hence justice isn’t delivered. Having said that, let us understand where the problem stands, what is it that really bothers us? Is it the vacations or is it delay in Justice? Let me start by deducing the Indian Court Vacations Then again, this is not that easy to explain is it? Let us understand the problem here. Is it the vacations that we are bothered off or are we concerned about the non Read More

Crime Against Men in India

Neha Roy

CRIME AGAINST MEN  India is believed to be a male dominated country were every society is patriarchal in nature. Society believes that men have been dominating women since forever. Even after decades has passed to an extent we can still find the fact in existence. But when it comes to law is India really male dominating country?  In this blog I shall discuss the crimes against men and the ways to deal with it.    GENDER EQUALITY MEANS EQUALITY FOR MEN TOO  When we say or talk about gender equality all we consider is equality for women.. Crime against men or equality for men is not something in common , that we get to see or read on a regular note . Not so surprising but most of the times men refuse to come up about it. Even the Indian laws are not so supportive regarding the crime against men. Thus, such matters remain unreported and unsupported.  We often raise voice for equality of women and I totally stand for it.   all these we forget Read More

What is the difference between court room practice and firm practice

Neha Roy

    COURT ROOM PRACTICE AND FIRM PRACTICE DIFFERENCES Choosing law as a career is itself a very vast decision. It takes a lot to be a good lawyer. One needs to go through a hectic process which is of course very time consuming.  Well, once in a lifetime after completing his/her studies, a law student has to go through a very important decision i.e. whether to choose a comfortable life and go for corporate firms or cut his teeth in litigation practice.  LITIGATION OR LAW FIRM? A REAL TOUGH DECISION Litigation process is a remunerative process and is best for the ones having experience with lawyers in the family to offer guidance. First generation lawyers have to face a lot of difficulty to gain success in the litigation field. Patience, diligence, good communication skills and a faculty for criminal analysis are some of the important characters one needs to inherit to gain success and survive in the long run. Corporate lawyers basically needs Read More

scrapping of Article and Article 35(a)

Simi Paul

THE SCRAPPING OF ARTICLE 370 AND 35(a)  The territory of Jammu and Kashmir had joined India in 1947 formerly after the main land was split towards the finish of British principle. Jammu and Kashmir had always been a matter of conflict and dispute between India, Pakistan and China since the 1947. Article 370 of the Constitution had therefore undergone through a massive changes which had made the citizens rethink about.   Today, in this blog of mine I am going to discuss on the Article 370 of the Constitution its changes and consequences.  History of the Article 370-   Article 370 was drafted under the part xxi of the constitution. Jammu and Kashmir became part of India after we have signed the instrument of accession, in the year 1947. In the year 1962, China acquired 10% of Kashmir and Pakistan acquires 30% of the Kashmir it meant that India had only 60% of Kashmir which they could cover. The main motive behind giving Article 370 a role Read More

THE CONSUMER PROTECTION ACT, 2019 – THE FUTURE FOWARD

Shreyash Mohta

 In my recent blog, I shall deal with a newly formed statue namely – The Consumer Protection Act, 2019. This Act has come as a big relief to the consumers and has drastically changed a few areas in the old Act of 1986. This Act of 2019 has been said to be a big positive breakthrough for the consumers and has revamped the three decade old Act which, now has been replaced by the present one.  My blog shall deal with the following pointers mentioned below.  1.     Introduction to the Consumer Protection Act, 2019.  2.     Changes brought by the Consumer Protection Act, 2019.  3.     Conclusion.   Introduction to the Consumer Protection Act, 2019. The Consumer Protection Act, 2019 (also said to be the ‘New Act’) was put forward as a bill in the Parliament of India and thereafter received the assent of the President of India, which was later notified and published in the Read More

Three strikes Law

Simi Paul

Three Strikes Law The act of forcing longer imprisonment on guilty person, same as first time offender or wrongdoer who carries out a similar wrongdoing is still in practice. However in the recent history, there is a new practice of obligatory prison sentences for the accused who repeats it. The concept of Three strikes law was introduced by the father of an eighteen years old girl who was murdered by a man in 1992.  Today in my blog I am going to discuss about the three Strike laws. History of Three Strikes Law:  The three strike laws also known as the “offender laws” were at first executed on   March 7, 1994. It is a body ran under the United States Justice Departments Anti Violence strategy.            The primary stage of genuine “three strikes law” was passed in 1993, where it was approved by the Washington voters. California passed this law in the year 1994, where the Read More

DOCTRINE OF ULTRA VIRES WITH RESPECT TO COMPANY LAW

Shreyash Mohta

 In my current blog, I shall discuss the concept of the doctrine of ‘Ultra Vires’ and its applicability in the Company Law with reference to India. I shall try to discuss this doctrine and its myths which are unknown to many. This blog shall help the readers to understand the concept of the doctrine and its applicability and extent with reference to Company Law in India. My blog shall cover the following topics enumerated below: -  1.     Introduction to the Doctrine of Ultra Vires 2.     Origin of the Doctrine of Ultra Vires 3.     Ultra Vires is an Illegal Act – The Myth 4.     Utra Vires and Company Law  5.     Development of the Doctrine in Foreign 6.     Development of the Doctrine in India 7.     Legal Position in India  Introduction to the Read More

Right of Unborn Child

Neha Roy

  RIGHT OF UNBORN CHILD India is a democratic country. Every citizen in India  is entitled to enjoy certain  rights , right from their birth irrespective of what gender, caste , creed etc they belong from.. Every citizen residing in the country is ensured with equality for all..  But what about a child who is still in the mother’s womb i.e about to take birth? Is he/she entitled to any rights? There are many doubts and queries  regarding their rights.  In this blog I shall discuss about the rights of an unborn child in India. RIGHTS OF AN UNBORN CHILD IN INDIA   There have been many conflicts and cases regarding property rights of an unborn child. The Legislative focus is aimed at women who choose abortion. Despite there is no legislation or statues that particularly defines the right and position of an unborn child, several legislations defined it to be a legal person by fiction. Though the fact still lies that a Read More

BANKRUPTCY

INTRODUCTION  Bankruptcy is the legal proceeding which involves an individual or business that is unable to repay outstanding debts. The bankruptcy process begins with a petition filed by the debtor, which is commonest, or on behalf of creditors, which is less common. All of the debtor's assets are measured and evaluated, and the assets are being used to repay a portion of outstanding debt most of the time. Bankruptcy is a legal proceeding which carried out to allow individuals or businesses, freedom from their debts, while simultaneously providing creditors a chance for repayment.Bankruptcy can allow you a clean start, but it will stay on your record for a number of years depending on the type of bankruptcy one filed. Filing for bankruptcy is supposed to allow people in serious financial distress some relief and an opportunity to start over, by the time most people get to that point, they’ve already tried many other methods to manage their Read More

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