Published on 8th December, 2023

The first part of this article exclusively dealt with the Anti-Dissection rule and the second part of this article shall pertain to the rule of dominant feature. Introduction It is the settled position of law that two conflicting marks have to be compared as a whole and parts of the marks cannot be dissected for … Continue reading Determining Similarity Between Rival Marks Part 2

Published on 7th December, 2023

Introduction Section 15 and Section 17 of the Trade Marks Act, 1999 deal with the registration of parts of trademarks and the effect of registration of parts of a mark respectively. A bare perusal makes it clear that the intention behind these two provisions is that when a trademark consists of several matters, the proprietor … Continue reading Determining Similarity Between Rival Marks Part 1

Published on 6th December, 2023

“A dive into the term “Constitutional Morality.” “A paramount reverence for the forms of the constitution, enforcing obedience to authority and acting under and within these forms, yet combined with the habit of open speech, of action subject only to definite legal control, and unrestrained censure of those very authorities as to all their public … Continue reading Constitutional Morality- An Important Concept or Just a New Buzzword?

Published on 5th December, 2023

Introduction The principle that dying declarations are admissible as evidence emerges from the legal maxim “Nemo morituru spraesumitur mentire” which means that a man will not meet his maker with a lie in his mouth. As per Section 32 of the Indian Evidence Act, 1872, the written or verbal statements of relevant facts made by someone … Continue reading Only Reliable, Trustworthy And Confidence Inspiring Dying Declaration May Form The Sole Basis For Conviction

Published on 1st December, 2023

Everyone wants to expand their business beyond the confines of the domestic market in this era of fierce competition.The development of the internet and technology has made conducting business internationally easier these days.But you must adhere to a number of rules and regulations and obtain the necessary licenses and registrations before expanding your business internationally.One … Continue reading Import Export Code(IEC)

Published on 28th November, 2023

Introduction In the United States, the Aérospatiale case highlighted the challenge of obtaining evidence from foreign countries for legal proceedings. The Supreme Court ruled that the Hague Evidence Convention doesn’t exclusively dictate procedures for gathering evidence abroad. Instead, it emphasized evaluating each request’s compliance with a U.S. court order without solely adhering to the Convention, … Continue reading Principle Of ‘Lex Fori’ As Under Hague Convention In Case Laws

Published on 27th November, 2023

In the business world, two of the most misinterpreted terms are mergers and acquisitions. Although both terms are constantly used to describe the merger of two businesses, there are important distinctions in their applicable operation. When two distinct realities come together to form a single, new association, this is known as a merger. On the … Continue reading Mergers & Acquisition: An Overview

Published on 25th November, 2023

Introduction The dynamics of modern legal systems are increasingly characterized by the transnational nature of disputes, necessitating a profound examination of the principles guiding jurisdiction and procedure. At the heart of this inquiry lies the intricate interplay between Lex Fori, the law of the forum, and international civil procedure. Lex Fori, rooted in historical and … Continue reading Understanding Lex Fori In International Civil Procedure: Principles And Interplay

Published on 24th November, 2023

INTRODUCTION Judicial procedure is the process by which the competent local authorities resolve disputes between parties. Its object is twofold: (1) To regulate the exercise of the jurisdiction by local authorities and (2) To end a legal dispute based on substantive law. To accomplish these two objectives, there are rules of procedure that deal with … Continue reading Exceptions To The Lex Fori Rule- Lex Causae

Published on 23rd November, 2023

Introduction The Indian Judiciary is an autonomous body and it is one of the three main organs of the government that serves as a sentinel on the qui vivo when it comes to protecting the fundamental rights of the people and promoting social harmony among the citizens. In our constitutional scheme, the judiciary alone has … Continue reading Judicial Activism in India : The Emerging Trend

Published on 22nd November, 2023

Introduction The Business Judgment Rule (hereinafter, BJR) finds its historical roots in corporate law of United States of America (hereinafter, USA), with its earliest mention in the Louisiana Supreme Court’s judgment in Percy v. Millaudon.[1] It initially established that directors, as long as they fulfilled their duties diligently and acted in good faith, would not … Continue reading Business Judgment Rule:Navigating Jurisprudential Diversity

Published on 21st November, 2023

Introduction Protection of consumer rights and privacy is crucial in the continually changing digital world where online transactions are becoming an everyday occurrence. The Department of Consumer Affairs (DoCA), seeing the possibility of firms using deceitful and manipulative tactics, has made a major advancement in protecting customers from the dangers of “dark patterns.” Dark patterns … Continue reading Unveiling Dark Patterns: Analysing India’s Draft Guidelines for Prevention and Regulation of Dark Patterns