Debashrita Manik, Author at StrictlyLegal

The Problem of Trademark Infringement & Passing Off in India

Trademark infringement is the result of any unauthorized use of a trademark that is “identical” or “deceptively similar” to a registered trademark, which is known as infringement. Trademark Infringement is mentioned u/s 29 of the Trademarks Act, 1999. The passing-off action calls for the protection of unregistered goods and services. The most important differentiation is …

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Judicial Separation Under the Hindu Marriage Act

Hindu Law / By Debashrita Manik

In Indian culture, marriage is considered as a ritual. It is an unchangeable union between a husband and a wife formed by traditions and customs. Earlier in the mid 90s or early 90s, there were no solutions to solve a broken marriage but rather just to endure it in the name of ‘responsibilities’. According to …

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What is Oral Evidence under the Indian Evidence Act?

Law of Evidence / By Debashrita Manik

Evidence holds an important role and holds under any court proceedings. Evidence is a definite and genuine and pertinent set of facts which proves or passes up for proving any matter, there is a prescribed manner in which the cycle of evidence works which has been divided into two main heads- Oral and Documentary evidence …

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Doctrine of Reasonable Classification

Constitutional Law / By Debashrita Manik

The Doctrine of Reasonable Classification has been derived from Article 14 of the Constitution of India. Article 14 is one of the fundamental rights that are guaranteed by the Constitution of India and provides the right to equality for every citizen of the country. It surrounds the general principles of equality before the law and …

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What is Abetment under the Indian Penal Code, 1860?

IPC / By Debashrita Manik

Sometimes, even if you are not committing any offense directly, but indirectly if you are involved in committing an offense, that itself may also become an offense. In a crime of the said nature, the offenders do not involve themselves directly. These offenses are mentioned u/s 107 of the Indian Penal Code, 1860 [herein after …

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Summary Trial under the Code of Criminal Procedure

CRPC / By Debashrita Manik

The notion of Summary Trial has been discussed under Chapter XXI of the Code of Criminal Procedure, 1973 [herein after referred to as the code from Section 260 to 265. The Code is the law that commands or governs the procedural aspects. It mentions the mechanism for organizing trials for the offenses that are punishable under …

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Types of Bail under the Code of Criminal Procedure

CRPC / By Debashrita Manik

In layman’s terms, Bail simply means the short term release of an accused person awaiting trial for an amount pledged for the appearance of the accused. Bail is the judicial release of an accused who is charged with certain specific offences by implying certain restrictions on him and gripping him to remain within the jurisdiction …

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POSH Training: What Do You Need to Know?

Other laws / By Debashrita Manik

In today’s date, both male and female, everyone is capable of matching with the job expectations, although it is very unfortunate to state that women are more vulnerable to suffer from sexual harassment at the workplace. After the Visakha case, the Honorable Apex Court incorporated the Visakha guidelines making it compulsory for organizations, may it …

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Right to Equality: Article 14

Constitutional Law / By Debashrita Manik

Right to Equality calls for providing everyone with equal treatment of law preventing discrimination on various grounds, treating everybody as equal matters in public employment and abolishing untouchability. Right to Equality is on the tip of the tongue of almost every law student since this is the basic fundamental right everyone is aware of. It …

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Professional Misconduct Under The Advocates Act, 1961

Other laws / By Debashrita Manik

The profession of a lawyer is meant to be sacred and divine by every means. It is quite implied that any person who is into their profession, is expected to follow the norms of the professional ethics it offers. But like every other profession, advocacy also undergoes certain professional misconduct. In a layman’s term, professional …

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Debashrita Manik