The ‘Procedure established by law’ is the properly enacted law by the legislature which is justifiable when it acts in accordance with the procedure and requirements. The ‘Due process of law’ is an American phenomenon from Clause 39 of the Magna Carta that was endorsed in the United States of America. The Constituent Assembly evidently …
Difference between Due process of Law and Procedure established by Law Read More »
The Constitution of India came into force on 26 January 1950 after a lengthy formidable battle with the British. This was a cordial try at the amalgamation of various cultural and religious groups under the umbrella of unbelief and liberating them from the Hindu Caste Hierarchy. Hence, the fundamental right of freedom of religion guaranteed …
The word ‘tort’ has its origin in the French language which means a civil wrong. Being derived from the medieval Latin word ‘tortum’ which means a ‘wrong’ or ‘injury’. A tort arises when the duty of a person towards anyone else is affected. An individual who commits the tort is called a tortfeasor or a …
The law is a notable apparatus in any of the societies as it properly sculpts the behavior and conduct of begins in that society. It recognizes the acceptable norms between the people and institutions which has that prospective to avoid conflicts and edicts the following of such norms. The non appearance of law in the society …
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 …
The Problem of Trademark Infringement & Passing Off in India Read More »
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 …
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 …
Professional Misconduct Under The Advocates Act, 1961 Read More »
“Transgender”, the term itself stands out from the stereotypical identities and gender norms. The society has been modernized to a great extent compared to the early 70s or 80s, nonetheless, the idea and concept of a transgender are still not accepted completely in the society of India, although it is not new. As a result …
A seller or an unpaid seller as we can say has been defined under Chapter V of the Sale of Goods Act, 1930 (hereinafter referred to as the Act). In every contract of sale, a “seller” is under no accountability to deliver the goods sold but the “buyer” is accountable to pay the indispensable amount set …
Although Arbitration and conciliation may sound similar they are two very different things and mean differently in practice. Conciliation is an informal process that allows parties to settle a dispute without going through court. Arbitration is a formal process in which a neutral third party (an arbitrator) decides on a settlement. Conciliation vs. Arbitration Conciliation …