Parenting and Law
According to the Trademark Act 1999, a trademark denotes a mark qualified for representing a brand. It is a logo, emblem, formatting, term, image or something, which differentiates one product from another similar product. The concept of passing off has undergone various changes during the passage of time. Originally, it was restricted to the representation... Continue Reading →
In India, the first legislation in regards to Trademark was Indian Merchandise Marks Act, 1889 followed by the Trade Mark Act, 1940. Then India became a party to the Agreement on Trade Related Aspects of Intellectual Property Rights i.e. TRIPS Agreement. Therefore, it became mandatory for India to bring our Trademark Laws in conformity with... Continue Reading →
Trademark is an important branch of Intellectual Property Rights. It is a sign, name or word which is capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademark helps in recognition of product. Any person claiming to be the owner of the trademark or supposed to use the trademark... Continue Reading →
Securities and Exchange Board of India (SEBI) was first established in 1988 but as a non-statutory body for regulating the securities market. However, later it became an autonomous body and accorded as statutory powers with the passing of the SEBI Act 1992 by the Indian Parliament. It has its head office at Bandra Kurla Complex,... Continue Reading →
The Insolvency and Bankruptcy Code, 2016 was established to reform and determine the indebtedness on a timely basis, in order to increase the appreciation of the people’s wealth, to facilitate industry, to make credit available and to adapt the interface between all partners. The Courts and Tribunals paved the way, by successful interpretation and improved... Continue Reading →
In case where, Corporate Debtor defaults in making payments to its creditors the process of Corporate Insolvency Resolution Process (CIRP) can be initiated against it by its creditors. The Insolvency and Bankruptcy Code, 2016 provides the process for Insolvency Resolution Process (IRP) and for that purpose the government also enacted the Insolvency and Bankruptcy Board... Continue Reading →
The Competition Act, 2002 was established to promote and sustain an enabling competition culture through engagement and enforcement that would inspire business to be fair, competitive and innovative; enhance consumer welfare; and support economic growth. The Act prohibits anti-competitive agreements, abuse of dominant position by enterprises, and regulates combinations (mergers, amalgamations and acquisitions) with a... Continue Reading →
National Company Law Tribunal (NCLT) is a Quasi Judicial body. It was intended to introduce in Indian legal system in 2002 however, due to constitutional validity it took 10 years, therefore, it was notified under section 408 of the Companies Act, 2013 based on the recommendation of the V. Balakrishna Eradi committee on law relating... Continue Reading →
Competition Commission of India is a statutory body. It act as a regulator for competition in India. The Competition Commission was established in 2003 by Vajpayee government, under the provisions of the Competition Act, 2002. The Competition Act, 2002, as amended by the Competition (Amendment) Act, 2007, by the philosophy of modern competition laws. This... Continue Reading →
In Company Law, we come across different issues that a company or shareholders face. Therefore, to know how the courts deal with such issues and what is law and logic behind such rulings, it is important to know some landmark judgments. Salomon v Salomon & Co. Ltd; 1896 Aaron Salomon incorporated his business into a... Continue Reading →
According to the Companies Act, 2013 there are two ways in which a company can be wound up. First, by way of voluntary winding up and second through the tribunal. In the whole process of winding up of the company, the sections of the Companies Act, 2013 are to be read with the National Company... Continue Reading →
An Annual General Meeting (AGM) is an yearly meeting under the Companies Act, 2013 for an interaction between management and the shareholders of the company. Section 96 of the Act makes it compulsory for a company to hold an AGM to discuss various matters such as yearly results, appointment of auditor etc. A company must... Continue Reading →
The formation and incorporation of a company is similar to the birth of a human as it go through various stages gradually. The procedure for incorporation of a company is divided into 4 stages. Promotion of a CompanyIncorporation of a CompanySubscription of a CompanyCommencement of the Business Promotion of the Company- The very first stage... Continue Reading →
The Indian Contract Act, 1872 says that the parties must be competent to contract for a valid contract. Further it says that Every person is competent to contract who is of the age of majority according to the law. However, these terms are not clear whether it amount to void contract or voidable contract. Therefore,... Continue Reading →
Lok Adalat also known as People’s Court is a statutory body under Legal Services Authorities Act, 1987. It has been created as an alternative dispute resolution mechanism in India. The concept of Lok Adalat is based on Gandhian Principles. As per the observance of Hon’ble Supreme Court, this system is ancient in India and its... Continue Reading →
Consumer Protection Act came into existence with object to provide speedy relief to breach of trust or negligence. Some important cases that hold relevance in case of consumer disputes are as follows: Manjeet Singh Vs. National Insurance Company Ltd. & Anr: In the present case, the appellant had purchased a second hand truck under a... Continue Reading →
A landmark judgment clarifying the concept of Lockout and Lay-off- Management of Kairbetta Estate, Kotagiri Po v. Rajamanickam, 1960 AIR 893, 1960 SCR (3) 371 In this case, the manager of the appellant was violently assaulted by the workers which resulted in serious injury along with multiple fractures. The staff members of the company were... Continue Reading →
The Protection of Children from Sexual Offences (POCSO) Act was passed by parliament in the year 2012. This Act was passed with the intention to protect the children from sexual abuse, sexual harassment and pornography. Nevertheless, Indian Penal Code, 1860 has certain provisions like Rape, Sexual harassment, outraging the modesty of women, etc. however, it... Continue Reading →
Some time such situation arises that a person himself is not in a position to perform his duties, so he assigns another person or an agent to perform the duties is his behalf i.e. giving the power to another person to act in his behalf is known as Power of Attorney. This concept has its... Continue Reading →
The term Caveat is a Latin term which means “let a person beware” or “hint to a person”. In law it can be understood as a notice given asking not to act in a certain manner without informing the person who gave such a notice. Basically, it is a right given to a person in... Continue Reading →
Aishwarya Sandeep 