Category: Legal Issues

Uniform Civil Code And Natural Laws

INTRODUCTION Uniform Civil Code again came into light on 27 th June , 2023 , when PM Narendra Modi during speech in Madhya Pradesh discuss about the UCC, and soon after this debates started in our nation. It is also in the manifesto of BJP to implement UCC and to abolished the personal laws. The … Continue reading Uniform Civil Code And Natural Laws

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Children And Consent Under The Data Protection Act: A Study In Evolution

After gaining presidential approval, the Digital Personal Data Protection Act, 2023 (the “Act”) was finally passed by both chambers of Parliament and published in the official gazette. The Puttaswamy Judgements and subsequent rulings by other constitutional courts by the Supreme Court of India, which delineated the boundaries of the right to privacy, are to be … Continue reading Children And Consent Under The Data Protection Act: A Study In Evolution

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Determining Similarity Between Rival Marks Part 2

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

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Only Reliable, Trustworthy And Confidence Inspiring Dying Declaration May Form The Sole Basis For Conviction

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

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Pujari Cannot Be Treated As Bhumiswami, Muafidar, Inamdar Or Kashtakar Mourushi

Factual Background A writ petition was filed by the Association of Priests registered under the M.P. Society Registry karan Adhiniyam 1973 before the Madhya Pradesh High Court in order to seek quashing of the circulars dated 21.03.1994 and 07.06.2008 whereby the names of Pujaris were ordered to be deleted from the revenue record. The Ld. … Continue reading Pujari Cannot Be Treated As Bhumiswami, Muafidar, Inamdar Or Kashtakar Mourushi

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Overview Of Souriraja Naidu V Rajagopalan

INTRODUCTION Souriraja Naidu V Rajagopalan is pre-constitutional judgment on easement rights that was delivered in 1924. This is perhaps one of the oldest judgements in its field which is still prevalent in today’s time. The case talks about two different kinds of easement rights namely easement by prescription and easement by necessity that were pleaded … Continue reading Overview Of Souriraja Naidu V Rajagopalan

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LOUIS V. STATE OF KERALA 2021 SCC ONLINE KER 4519

INTRODUCTION Sexual offences against children are one of the most heinous crimes that can be committed. The raisons d’être of this aspect is that children are the most vulnerable to abuse. Sexual offences against children refer to any act of sexual activity involving a child or a minor. In India, sexual offenses against children are … Continue reading LOUIS V. STATE OF KERALA 2021 SCC ONLINE KER 4519

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Schezwan Chutney: A Descriptive And Generic Term, Or A Unique Identifier?

INTRODUCTION Indians love Chinese food, or, more accurately, Indo-Chinese food; a unique blend of the cuisines and tastes prevalent in the two neighbouring countries that is loved most only by one of them. Perhaps an (abhorrent) frankenstein of sorts to most Chinese people, Indians of all sorts, Mahrashtrians, Kannadigas, Delhiites, and Bengalis – amongst others … Continue reading Schezwan Chutney: A Descriptive And Generic Term, Or A Unique Identifier?

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From Dough to court room : The domino’s vs. Dominick’s Trademark Clash

Introduction Picture this: A sizzling hot pizza, fresh out of the oven, covered in gooey cheese and savory toppings. It’s a universal delight, and as of September 26, 2023, it’s at the center of a sizzling legal showdown. The Delhi High Court has just delivered a verdicts hook the culinary world – a permanent injunction … Continue reading From Dough to court room : The domino’s vs. Dominick’s Trademark Clash

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Krishna Bus Service (P) Ltd. V. State Of Haryana, (1985) 3 Scc 711

BACKGROUND The background and the material facts that led to the present matter are that on 16th March, 1973, the Haryana Government, through a notification (hereinafter also referred to as the “impugned notification”), amended the Punjab Motor Vehicles Rules, 1940 by adding clause (d) to sub-rule (2) of Rule 10.2. By way of this amendment, … Continue reading Krishna Bus Service (P) Ltd. V. State Of Haryana, (1985) 3 Scc 711

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