Our Constitution of India gives the right to each and every citizen of India “the right to protest’. Looking at the recent laws and responses of citizens on it, Senior Advocates of Supreme Court HS Phoolka, Rajiv Khosla, and others gathered outside the court in support of farmers who were agitating against the new Farmers
... Continue Reading.Month: November 2020
Conditional Transfer of Property
In this article, Ashish Agarwal discusses Conditional Transfer of Property valid under Indian law and the various conditions required to facilitate them. I. Introduction Section 5 of the Transfer of Properties Act, 1882 defines the transfer of property as the act of conveying of property by one living person to other(s) or even himself in the present
... Continue Reading.SC finds seniority justified in Rajasthan’s Tax Assistant posts cry foul after Departmental Promotees
The Supreme Court bench of Justice Indira Banerjee and Justice S. Ravindra Bhat held that the seniority of the promotees given on the basis of their dates of appointment was justified as per Rule 27 of the Rajasthan Commercial Taxes Subordinate Services (General Branch) Rules, 1975, in the case where Direct Recruits to the newly created
... Continue Reading.Interview: Yashvardhan Rana | Intellectual Property Lawyer & Editor – The Trademark Reporter at INTA
Yashvardhan Rana is an Intellectual Property Lawyer. He is also the Editor of The Trademark Reporter, International Trademark Association (INTA). Rana is an expert in the area of IP prosecution with a special focus on trademark, copyright and design laws. He was recognised as one of the Top 50 IP Professionals in the World by
... Continue Reading.“Nullify election if maximum votes polled to NOTA”- SC to ECI
BJP leader and Supreme Court lawyer Ashwini Upadhyay moved a plea in SC to direct the Election Commission of India to nullify the election if maximum number of votes polled is for NOTA and hold fresh elections. ECI can do so using its plenary power under Article 324 of the Constitution of India. And also
... Continue Reading.A Comprehensive Study of Software Patents in Today’s World
In this article, Fathima Mehendi seeks to dynamically analyse the scope and nature of software patents. The article discusses the need for patent protection for software-related inventions and analyses whether pure software patents are permissible. It looks at the legal regime in India regarding Computer-related-inventions (CRIs) as well as the development of software patents around
... Continue Reading.Kerala HC: “World has progressed, you can’t remain in 19th Century……” to Central Govt
A petition was filed by a Transgender Woman challenging Section 6 of National Cadet Corps (NCC) Act, 1948; in which accordingly the legislation allows only ‘males or females’ enrolment as NCC cadets. Today, during the course of hearing, the counsel appearing for NCC Dayasindhu Shreehari has insisted that the refusing petitioner’s enrolment under NCC Act
... Continue Reading.Supreme Court: Conduct of Public bodies has to be fair and not Arbitrary
While dismissing an appeal filed by Gujarat Maritime Board, the Supreme Court observed that the “Conduct of a public body charged to uphold the rule of law, has to be fair and not arbitrary…” Earlier, the High Court has allowed the Writ petition filed by “Asiatic Steel”, seeking refund of contract consideration of Rs. 3,61,20,000/-
... Continue Reading.Working of Patents and Compulsory License
Although the process of securing a patent itself is of considerable significance, the imperative of disclosing the operation of a patent in the relevant jurisdictions is often thrown out of the way. The reforms brought about in the IP laws of the country in the recent past mean that in the post-grant stage, the obligation
... Continue Reading.Nishith Desai revises fresher pay to Rs 17.4 lakh (incl fixed bonus), cuts bonus retention period • Market salaries stagnant for 5 years now
NDA ramps up base pay and shortens bonus retention Nishith Desai Associates (NDA) has revised its base pay for freshers to Rs 17.4 lakh, including a guaranteed annual bonus of Rs 1.2 lakh, from the previous total level of around Rs 15 lakh, which had last been revised around four years ago. In a major
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