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(2019(3)RCR(Civil)780) Facts: The appellant company is engaged in imparting education since 2006 operating three different schools and has registered with the Registrar of Companies, Chandigarh on 21.07.2009 filed for an application of trademark with the Trademark Authorities on 16.02.2016. The respondent company

Introduction Law as a branch of social science is not definite in nature and tends to alter according to the needs and aspirations of the society[1]. Social conditions create law and law changes in response to social forces. Justice Holmes in 1917 observed that “Law is not a brooding

The doctrine of pith and substance is one of the five doctrines of constitutional interpretation evolved in the light of understanding and interpreting the federal distribution of powers in India. The doctrine of pith and substance is a doctrine, which tries to resolve the issue wherein a legislature, while legislating

Res gestae literally means ‘things done’ or liberally speaking, the facts of the transaction, explanatory of an act or showing a motive for acting. Res gestae may be defined as “matter incidental to the main fact and explanatory of it, including acts and words which are so closely connected with

There are certain matters which a witness cannot either be compelled to disclose or even if the witness is willing to disclose, he will not be permitted to do so. Such matters are known as ‘privileged communications. The production of certain communications and documents is either privileged from disclosure or

Dying declaration is the statement of a declarant before his or her death about the cause of their death which might be used to implicate a guilty party. It derives its origin to the legal maxim “nemo moriturus praesumitir mentire” which means that “man would not meet his creator with

TIP Identification’ is the proof in a legal proceeding that a person, document, or other thing is that which is alleged to be. Identification is the evidence of identity. Phipson states that “it is often important to establish the identity of a person who a witness testifies that he saw

The principle of estoppel implies that a man shall not say one thing at one time and later say a different thing. Estoppel is based on the principle of equity. When one person has induced another person by his act, omission or declaration to believe something to be true and

Preventive detention is physical detention of a person which is of preventive nature i.e., with a view to prevent him from doing an act which is undesirable and poses a threat. Threats posed may be to the defense and foreign affairs, security of India or security of State, Public

In India, the requirement for precise laws to fulfill the growing needs of a progressive Welfare State demanded a significant amount of delegated legislation. The delegation has several forms and has many distinct scopes in different statutes. Only a few statutes clearly state that rules must be published in the

The term ‘Confession’ has nowhere been defined under the Indian Evidence Act, 1872. To give a simplest definition, a confession is a statement made by an accused of a crime admitting his guilt. A confession given to a police officer under any circumstances is completely excluded from the purview of

Abstract With the coming of varied disputes arising out of specialization of economic relations and an enormous load of cases that are piled up, it becomes hectic for the court to adjudicate upon effectively, and there arises the need for the establishment of tribunals. The Central Govt. established the National

Serina Mondal alias Piyada v. State of West Bengal and Ors. * Citation: 2018 SCC OnLine Cal 4238 * Writ Petition No.: 4517 (w) of 2018 * Decided on: June 25, 2018 * Decided before: Rajasekhar Mantha, J., High Court of Calcutta FACTS OF THE CASE * This case is a Writ Petition filed before

The structure of India’s social and economic condition is not a result of recent times but has its roots stepped in history from the times India was under colonial rule which lasted for almost two centuries before it attained its independence on 15 August 1947. Under the colonial rule,

Tekan Alias Tekram v. State of Madhya Pradesh, CITATION: (2016) SCC OnLine 131 FACTS: In the present appeal, the appellant was aggrieved by the Judgement and Order passed by the High Court of Chhattisgarh who reaffirmed the judgement passed by the Trial Court where the accused was convicted under Sec.

Section 299 and 300 of the Indian Penal Code define culpable homicide and murder respectively, which are two types of homicide. The term ‘homicide’ has been derived from Latin terms homi(human) and cido (cut) which together literally means the killing of a human being by another human being.  Section

India is a democratic nation. The preamble to our Constitution itself declares to constitute India into a Sovereign, Socialist, Secular, Democratic, and Republic country. The term ‘democratic’ indicates that the Constitution has established a form of government, which acquires its authority from the will of the people through the practice

Surrogacy comes from the Latin word surrogatus, which signifies "to substitute." In simple words, it refers to a person designated to act in the absence of another. It is a process in which a woman agrees to become pregnant and have a child for the purpose of transferring the kid

RAMESH KUMARI (Appellant) v. STATE (N.C.T OF DELHI) AND OTHERS (Respondent) Citation - ((2006) 2 SCC 677) FACTS The appellant in this present appeal challenges before the Supreme Court the order dated 24.01.2002, passed by the division bench of the Delhi High Court. The main issue

The term ‘Jurisprudence’ has a large number of varied definitions as every jurist has his own notion of the subject matter and it depends upon one’s ideology and the nature of society to which one belongs to. It is difficult to assign a uniform and universal definition to the

The Consumer Protection Act, 2019 finds its relevance from the Government of India enacting the first Consumer Protection Act in 1986 with the emerging concern to safeguard the interests of the consumer and redress their complaints and disputes. In light of consumers consuming varied commodities & services with the emergence of

AFCONS INFRASTRUCTURE LTD. AND OTHER VS CHERIAN VARKEY CONSTRUCTION CO. (P) LTD.: (2010) 8 SCC 24 FACTS OF THE CASE The Cochin Port Trust apportioned more or less some construction work to the appellants concerning bridges and roads underneath the agreement dated 20.4.2001. The appellants sub-contracted a part

The Transfer of Property Act, 1882 was enacted to define and amend the different set of rules and intricacies pertaining to transfer of both movable and immovable property between two parties in order to exemplify the principles of equity, justice and good conscience.  In light of the same, section 5

> "Covid-19 is like the last nail in the coffin of globalization” - Prof. Carmen Reinhart The outbreak of the COVID-19 pandemic has created great havoc across the globe for the past year and beyond since its inception in the Wuhan City of China around December 2019. Following one of the

FIR is the first document prepared in criminal proceedings that places on record the victim's side of the story. FIR acts as a tool on which police authorities’ base and starts their investigations which makes it essential in a criminal proceedings. One must understand the legal perspectives attached to it.

> The argument that the Act is ultra vires the Constitution of India because it accords protection only to women and not to men is, therefore, wholly devoid of any merit. We do not rule out the possibility of a man becoming the victim of domestic violence, but such cases would

India is a democratic nation. The preamble to our Constitution itself declares to constitute India into a Sovereign, Socialist, Secular, Democratic and Republic country. The term ‘democratic’ indicates that the Constitution has established a form of Government which acquires its authority from the will of the people. The term democracy

The outbreak of Covid-19 has created a great havoc across the globe. This global pandemic was first seen in the Wuhan City of China in the late December 2019, which gradually started to spread rapidly across the globe which has now caused more than 7 lakh deaths and there is

Copyright laws, as they stand in India today, lean towards the first world partiality for protecting private interest over the promotion of social welfare. This partiality cannot be reconciled with the constitutional position in India, because information in this society has attained the status of a primary good. Section 14

Suhas Katti v. Tamil Nadu, was the first case in India where a conviction was handed down in connection with the posting of obscene messages on the internet under the controversial section 67 of the Information Technology Act, 2000. The case was filed in  2004 and within a short span

> "Obviously, because of my disability, I need assistance. But I have always tried to overcome the limitations of my condition and lead as full a life as possible. I have traveled the world, from the Antarctic to zero gravity.”~ STEPHEN HAWKING Recently, the Department of Empowerment of Persons with Disabilities

Introduction An Abortion is basically the end of a pregnancy by termination of the fetus before it is even brought outside of the uterus. An Abortion which occurs naturally or without any kind of medical or non-medical intervention is termed as Miscarriage or Spontaneous Abortion. When pre-planned and deliberate steps

Dehing Patkai Wildlife Sanctuary is located in the Dibrugarh, and Tinsukia, District of Assam which covers an area of 111.19 sq km. It was declared a wildlife sanctuary in the year 2003 under the Wildlife Protection Act, 1971 which is also a part of Dehing Patkai Elephant Reserve. The

The outbreak of COVID-19 has created a great havoc across the globe. This global pandemic was first seen in the month of December 2019 in the Wuhan City of China which gradually started to spread across different countries which has now caused well over 3 lakh deaths across the globe

Information Technology has been a boon to almost all of us. Information Technology has played a vital role in our lives in an unprecedented manner. Each one of us somehow or in some other way is all connected to the huge cycle of World Wide Web.  Internet has touched almost

The Cabinet Secretary on March 11, 2020, announced the invocation of provisions of Section 2 of the Epidemic Diseases Act,1897 to take special measures and prescribe regulations as to dangerous epidemic disease. As the number of cases is taking a heavy count in India, Government is trying its best

The term "Rule of Law" is derived from a french phase 'La Principle de Legality' which refers to an administration which is based on principles of law. The doctrine of 'Rule of Law' is one of the most important component of a modern democratic society. For the successful functioning of

The Government of India Act, 1935 was passed by British Parliament in Aug 1935. With 321 sections and ten schedules, this was the longest act passed by British Parliament and was later split into two parts, one part was central and the other part was the provincial. The Round Table

> The British could leave and half India wouldn't notice us leaving just as they didn't notice us arriving. All our reforms of administration might be reforms on the moon for all it has to do with them. - J. G Farrell With the coming of the English East India Company

> Learning is a plant that grows in all climes- Akbar Towards the end of the 11th century , there was a downfall in the Hindu-Ruling kingdoms.  The local rulers who ruled small kingdom states were attacked and were defeated by forgeign invaders of Turkish origin. It is important to understand the

> "In some respects the judicial system of ancient India was theoretically in advance of our own today."- John W. Spellman The Indian Judicial or Legal history has been the oldest in the world. No other legal or judicial system has a more ancient ancestry. From the times of the

> "Lawyer without a knowledge of history or literature is just a mechanic or a mere working mason" - Sir Walter Scott Law and Literature are two different sets which studies the dynamic human society and its varied alterations . The study of Law and Literature has attracted a lot of researchers