Intellectual Property: Registration and Effects
by: Adv. Kishan Dutt Kalaskar 2023-03-30 16:34:46
by: Adv. Kishan Dutt Kalaskar 2023-03-30 16:34:46
by: Adv. Kishan Dutt Kalaskar 2023-03-30 16:20:33
by: Adv. Kishan Dutt Kalaskar 2023-02-28 18:47:16
by: Adv. Kishan Dutt Kalaskar 2023-02-28 18:10:41
by: Adv. Kishan Dutt Kalaskar 2023-02-03 22:32:13
by: Admin 2023-02-01 16:45:35
Intellectual Property: Registration and Effects
Clearance to get a Passport and Visa during the pendency of Criminal Cases
Summary of the Payment and Settlement System Act, 2007
Procedure to track court cases online
Key Features of Union Budget 2023
Top 10 reasons to hire a Civil Lawyer
5 Benefits Of Hiring A Business Lawyer When Starting Your Company
Top 5 Reasons Why You Should Consult A Banking Lawyer
10 Things to Consider Before Hiring an Accident Lawyer
Payment Recovery Process
Analyzing legal and security issues in cyber contracts (E - contracts)
Discharging and Quashing in Criminal Cases
Legal compliances for online shopping sites in India
How to select a Lawyer
Supreme Court Judgments 2022
Maternity Benefit Act 1961, at a Glance
Modes of Recording Accepted by Court
Essential elements of a sale under the Transfer of Property Act
Compensation in Motor Vehicle Accident Cases
Is it important to respond to a summon?
Analysis of Section 18 of Limitation Act, 1963
Fresh period of Limitation
The breakdown of the doctrine of Res-Judicat
Impact Of Supreme Court Ruling
Analysis of Employees Provident Fund and Miscellaneous Provisions Act
How is 'BLACK MAGIC' governed in India
Different Identities of an NDA
Breaking down the requirements of becoming a Public Prosecutor in India.
Mohan Breweries & Distilleries V/s Commercial Tax officer, Madras
Kavita Kanwar Vs. Mrs Pamela Mehta & Ors
Entry into Judiciary: Minimum required Qualifications
Law of Retrenchment
Grounds for refusal of a Trademark Application
Early disposal of pending cases by the High Court
Parminder Kaur V/s State of Punjab
Central Bank of India V/s M/S Maruti Acetylene Co. Ltd.
Goan Real Estate and Construction Ltd. And Anr. V/s Union of India
Raj Kumar V/s Ajay Kumar
Synopsis of the Special Marriage Act in India
Lok Adalat has no jurisdiction to decide a matter on Merits
Significance of a Police Clearance Certificate in a pending Accident Case
Understanding the Digital Rupee
Eligibility of Teachers for Gratuity under the Payment of Gratuity Act, 1972
Dr. M. Kocher V/s Ispita Seal
Smt. Seema Kumar V/s Ashwin Kumar
Leo Francis Xaviour V/s The Principal, Karunya Institute
Nazir Mohamed V/s J. Kamala and Ors.
Addissery Raghavan V/s Cheruvalath Krishnadasan
Himalaya House Co. Ltd. Bombay V/s Chief Controlling Revenue
K. Sivaram V/s P. Satishkmar
Basir Ahmed Sisodia V/s The Income Tax Officer
Burden of Proof
Interest for delayed Payment under Payment of Gratuity Act, 1972 - Need for Change?
How to file a complaint in regards to violation of Cyber Laws
Delayed Justice from Consumer Courts
Can a registered Will be challenged in the Indian Court?
Trademark Infringement - Triple identity test in Trademark
Blockchain Technology in India – II
Manish V/s Nidhi Kakkar
Withdrawal of Mutual Divorce Proceedings
Blockchain Technology in India - I
Unnatural Offences
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Seat Vs Venue of Arbitration
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MSME Debt Recovery Provisions
Neelam Gupta Vs Mahipal Sharan Gupta
Analysis of Section 11A of Industrial Dispute Act, 1947.
Time Limits & Procedure to approach HC in Civil Cases
The necessity of Gender-Neutral laws in India
Sou. Sandhya Manoj Wankhade V/s Manoj Bhimrao Wankhade
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Filing of Complaints against biased Judges
G. Raj Mallaih and Anr. V/s State of Andhra Pradesh
Zee Entertainment Enterprise Ltd. V/s Suresh Production
Chief Administrator of Huda &Anr. v/s Shakuntala Devi
Permanent Child Custody
Dilution of the statutory protection available to MSMEs
Validity of an Unregistered Sale Agreement
Ambalal Sarabhai Enterprise v/s Ks Infraspace LLP
False and misleading advertisements in India
National Legal Service Authority v/s Union of India and Others
Recovery Procedure in Cheque Bounce Cases
Roxann Sharma V/s Arun Sharma
Ganesh Santa Ram Sirur V/s State Bank of India &Anr.
Recovery Procedure of Consumer Court Cases
Bank Guarantee
M/s M.M.T.C Ltd. & Anr v/s M/s Medchl Chemical & Pharma P
Shailendra Swarup V/s Enforcement Directorate, The Deputy
SunitaTokas v/s New India Insurance Ltd.
Can couples get separated without a divorce?
Scope of Arbitration in India
Appointment of Arbitrators
NRIs right to purchase Property in India
Decriminalization of Dishonour of Cheques: a measure contradictory to its purpose
Paternity leave in India
Regulation of Cryptocurrency in India
How can litigants list their cases online?
Validity of Narco-Analysis in India
Remedies against frivolous cases registered against students by the Police
Procedures involved in a Criminal Trial
Procedured Involved in a Family Court Case
Death Certificate of a missing Person
Accountability of Police
Highlight of important Dishonour of Cheque case laws in 2020
Guidelines to be followed by Registered Medical Practitioners to dispense medicines
Land Mark Judgements on Family Law for the Year 2020
Remedies against harassment by Recovery Agents
Abetment to Suicide
Overview of the Vehicle Scrappage Policy
Rights of husbands in dowry and cruelty-based complaints
Admissibility of E-evidence; Are WhatsApp chats and E-mails admissible in Court?
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Director of Income Tax II (International Taxation) V/s M/s Samsung Heavy Industries Co. Ltd.
M/s ExL Careers V/s Frankfinn Aviation Services Pvt. Ltd.
The Maharashtra State Cooperative Bank Ltd V/s Babulal Lade & Ors.
Constitutionality of Bandhs
State of Himachal Pradesh V/s A parent of a student of a Medical College & Ors.
Rathnamma & Ors. V/s Sujathamma & Ors.
Ravinder Kaur Grewal V/s Manjit Kaur
Ficus Pax Pvt. Ltd. V/s Union of Indian & Ors.
Commissioner of Income Tax V/s Chandra Sekhar
Analysis of Section 41-A of CRPC, 1973
Judgment: Indian Bank V/s Abs Marine Product Pvt. Ltd.
Kailas & Ors. V/s State of Maharashtra
Sukhedu Das Vs Rita Mukherjee
Witness to a Will
National Insurance Co. Ltd V/s Hindustan Safety Glass Works
Mahalakshmi V/s Bala Venkatram (d) through LR & Anr.
Kajal V/s Jagdish Chand
Shyamal Kumar V/s Sushil Kumar Agarwal
NRI's Power of Attorney
Megha Khandelwal V/s Rajat Khandelwal and Ors.
Is Registration Compulsory under Trademark and Copyright?
Md. Eqbal & Anrs. V/s State of Jharkhand
Types of Will
Employment Contract
Police Clearance Certificate
Validity of Crypto-Currency in India
A. Jayachandra V/s Aneelkaur
Points to be considered before filing an Income Tax Return
Union of India V/s N. K. Shrivasta
Startup under the Government Programme
The procedure for filing a complaint against a Lawyer
Types of Stamp Paper
Satvinder Singh V/s State of Bihar
Sexual Violence laws under the Indian Penal Code
Shreya Singhal V/s Union of India
Division of Assets
Shaleen Kabra V/s Shiwani Kabra
Types of Property
Vasant Kumar V/s Vijaykumari
Personal Injury - Damages
Adultery under the Indian Law
United Commercial Bank & Anr. V/s Deepak Debbarma & others
Intentional Wrongs
Vinay Kumar Mittal & Others V/s Deewan Housing Financial Corporation Limited
How to get a Marriage Certificate?
Mohammed Siddique Vs National Insurance Company Ltd
Pagdi System
The Bonus Act
Frivolous Complaints under the Sexual Harassment Act
Important Income Tax Return Forms and its Due Dates
Garden Leave
How can a Private Complaint be filed?
Key changes to Indian Tax Regulations
Employees Provident Fund
Status of Triple Talaq
Contract Farming & the new ordinances that affect the Farmers
Documents required for filing a Divorce
Section 138, 141 and 142 of the Negotiable Instrument Act 1881
Validity and Enforceability of Click-wrap Agreements
Child Custody under Christian and Parsi Law
Hindu Succession Act
Oppression and Mismanagement
Fraudulent and Invalid Contracts
Developments in Reserve Bank of India
Loan Frauds in India
Penalties associated with Driving
Laws governing a Knife
Medical Negligence and its Compensation
Interim Maintenance under the Domestic Violence Act
Shortcomings of the Consumer Protection Act, 2019
Tougher rules for the E-Commerce Industry
Difficulties faced by men in Family Courts
The consumer is the King in 2020
Illegal Termination of an Employee during Covid-19.
Child Labour Laws in times of Covid-19
Real Estate scenario Post Covid-19
Post Covid-19 Digital Shift of Legal practise
Mutual Consent Divorce through Video Conferencing
59 Chinese Apps banned in India
Litigants and the Lockdown - A Court Perspective
Anticipatory Bail for cases under section 498A of IPC
Brand Protection in times of Covid-19
Title Verification of Immovable Property
The Judiciary during the Pandemic
Termination of an Employee during Covid-19
Drafting of a Will
Criminal Medical Negligence in times of Covid-19
How does Covid-19 affect employers and employees?
Rent deference during the Pandemic
Post Covid-19 digital shift of legal practise
Police Interrogation
Prenuptial Agreements
Void and Voidable Contracts
The Negotiable Instrument Act 1881
Cheque Bounce Notice
Types of Dishonour of Cheques
Intestate Succession
The Stand of Essential Commodities
Trademark Cease and Desist Notice
IT Department Notice
Eviction of a Tenant
Consumer Complaint Legal Notice
Medical Adherence to Environmental Laws
Basic Elements of Transfer of Property Act, 1882
Debt Recovery Notice
Cheque Bounce Notice
Hygiene maintenance in Hospitals and Clinics
Consequences of using a Fake Degree/Certificate
Healthcare Security
Rights of Doctors with respect to Medical Negligence
Importance of Consent
Faulty Machine Aids Medical Negligence
The Special Marriage Act, 1954
Top 2019 judgements by Supreme Court
National Medical Commission Act 2019
Money Laundering
Hindu Undivided Family (HUF)
Child Labour
Endorsement under Negotiable Instrument Act
Quashing of an FIR
Annulment of Marriage
Probate
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EMI - Equated Monthly Installments
Legal mistakes made by the Start-Up
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Sexual Abuse in Shelter Homes
Debt Recovery provisions under the SARFAESI Act
Effective ways to stop Ragging
Transfer of Property Act
Personal Injury Lawyers
Marriage Registration under the Special Marriage Act
Rights of Tenant
Classification of various Collar Jobs
Documents to be submitted for ITR Filing
Illegal Immigrants
Role of lawyers in Corporate Finance
Intestate Succession
Employment of White Collar Employment of White Collar
Domestic Violence
Power of Attorney
Dissolution of Marriage - Christian
Noting And Protest
Hostile Witness
Unfair Trade Practice
All you need to know: Drafting a Legal Notice
Fraudulent and unauthorized transactions at ATM
Is legal documentation important in medical practice?
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Personal Data Protection Bill, 2019
Jurisdiction of Consumer Redressal Forums
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Consumer dispute Redressal Forum in dealing with Medical Negligence
Validity of Notices.
Response to a Legal Notice
Promotion of Medical Products.
Doctors' Bill: Prohibition of Violence & Damage to Property Bill, 2019.
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Procedure for filing a Notice in India
Format of Legal Notices in India
Citizenship Amendment Act, 2019
Demerger
Legal framework for the Elimination of violence against Women in India
International Day for the Elimination of violence against Women
Family Courts in India
Inheritance Law in India
Rights of Children in India
Virtual Clinic
New Medical Technologies in India
Land Records & Titles
Regulations for firecrackers during Diwali
Legal and Regulatory Regime: Medical Technology
Intellectual Property in Medicine
Consumer Protection Bill, 2019
Artificial Intelligence in healthcare
The Real Estate (Regulation & Development) Act
Warrant and its Types
Joint Custody of Child in India
Limited Liability Partnership (LLP)
Penal Provision on Rash and Negligent Driving
National Company Law Tribunal
Rules to be followed by the Ganpati Mandals
Need to amend CrPC and IPC to increase the conviction rate.
Motor Vehicle Amendment Act, 2019
The Growth of technology Patents in India
Citizenship under the Indian Constitution
Basic Structure of the Indian Constitution
A comparative study of the Indian, UK and the US Constitution
Can the Indian Constitution be Amended?
Overview of the Indian Constitution
All you need to know: Drafting a Legal Notice
Surrogacy (Regulation) Bill, 2019
Overview of The Indian Penal Code
Offences and Prosecution under the Income Tax Act, 1961
The abolishment of Article 370 of the Constitution: One Nation One Flag
Intervention of SC in the Unnao Rape Case
Case of abandoned NRI brides, Supreme Court issues notice to the State
Financial Risk Management
Know more about Equal Remuneration Act, 1976
Procedure to File Complain against Domestic Violence
The IndiGo Promotors Feud
Rajya Sabha passes the Triple Talaq Bill
Gift Deed
More about Contested Divorce
Things to be kept in mind - Dishonor of Cheque
Prison Reforms in India
Consumer Protection ACT, 1986
More about Joint Venture
Delay of Condonation
Points to be Noted for Child Custody to Father
Basic information of Companies
Plastic Money and their Advantage & Disadvantages
Motor Accident Claim Tribunal
Guidelines to protect doctors from frivolous and unjust prosecution
Unjust Compensation - A Doctors Perspective
Misdiagnosis: A Medical Negligence?
Exemption of doctors operating in Emergency Rooms
General Types of Medico-Legal Cases (MLC)
Duty of patient to avoid aiding Medical Negligence
Rights of the Patient
Steps to be taken to avoid Medical Negligence
Liability of Medical Negligence under Consumer Protection Act
Laws that affect Medical Professionals in India
Defense against Medical Negligence Cases
Duties of Doctors
Common types of Medical Negligence
Medical Consent for treatment in India
Regulation for E - Pharmacy in India
Types of Consent for Medical Treatment
Guidelines for Autopsy/ Postmortem in India
Guidelines for the prescription of medicines
Procedure to start a Pharmacy Store in India
India Vs Pakistan: Kulbhushan Jadhav's Case
Contempt of Court
Juvenile Justice Act, 2000
Bankruptcy & Insolvency in India
The Maternity Benefit Act, 1961
Guardian and Ward Act In India
Medical Negligence in India
Procedure to be followed in Civil Recovery Proceedings
Rights of Consumers
Mandatory Registration of Documents and procedure
Rafale Deal And All About The Controversy
An employment contract is an agreement that discusses in detail the working rapport of a company and an employee. It helps both parties to comprehend their obligations and the stipulations of employment.
Importance
A good quality employment contract is valuable to both the employee and the employer. It spells out the privileges and obligations of each party, protects the job security of the employee and protects the employer from certain risks such as the discharge of confidential employer information after the period of employment ends. Some jurisdictions require employment contracts for particular positions.
Essentials of Employment Contracts
When a person drafts an employment contract, he/she shall ensure that these particulars are present in the contract:
After the Company has finished drafting the Employment Contract, it is essential to seek advice from an attorney to methodically review the contract. This way can unpredictably lower the chances of facing litigation arising out of the contract. The legal document should be combined with the prior oral or written negotiations that took place between the parties.
Legal Validity of Employment Bond
Employment bonds are employment agreements, which comprise of a negative covenant. In Indian Law, the employment agreements with negative covenants are considered to be valid and legally enforceable if the parties agree to have free consent, i.e. without fraud, coercion, undue influence, mistake and misrepresentation. The Indian courts are of the opinion that in the event of a breach of contract by the employee, the employer shall be allowed to recuperate damages only if the employer bore a considerable amount of expenditure. Indian law makes it compulsory the employment bonds be “reasonable” in order to be legitimate. The expression reasonable remains vague as it is not defined in the Indian law, and therefore the courts have given connotation to “reasonable” depending upon the facts and circumstances of the cases. The suggestion which has emerged till now is that state of affairs predetermined in the contract should be vital to protect the attention of the employer and pay reimbursement to the losses caused by the breach of contract. Additionally, the punishment or compulsory employment period fixed should not be disproportionate.
Can one challenge the Enforceability of employment bond?
The legality of Employment bonds can be challenged based on Section27 of the Indian Contract Act. Section 27 of the Indian Contract Act, 1872 imposes a prohibition on any agreement in restraint of trade and profession.
As per the authority of Section 27, any terms and conditions of an employment contract which directly or indirectly makes it compulsory for the employee to provide service to the employer or puts a constriction on them joining the competitor or other employer will not be not valid under the Indian law. The employee has the complete right to leave the employment even if there has been an agreement in the employment bond to serve the employer for a precise period of time.
For an employment bond to be legitimate under Indian law, it has to be proved that it is essential for the autonomy of trade. In a circumstance, where the employer is able to establish that the employee is, joining the competitor to reveal the trade secret then the court may issue an injunction order restricting the employee from joining the competitor. If an agreement is challenged on the basis of violating the provision relating to restraint of trade, the burden is on the party supporting the contract to show that restraint is reasonably essential to protect his interests.
Important Judgements
Sushilaben Indravadan Gandhi & Anr. V/s New India Assurance Company Limited & a Ors. (SLP (CIVIL) NO: 1170 OF 2019)
Here, in this case, Dr Alpesh Gandhi, (the deceased) husband of the Appellant, Mrs. Sushilaben Indravadan Gandhi had entered into a contract with the Rotary Eye Institute on May 4, 1996, and the contract was titled as ‘Contract for Services as Honorary Ophthalmic Surgeon at Rotary Eye Institute’. The insured, i.e. the Institute, had taken up a ‘Private Car B’ policy from the New India Assurance Company Limited (the Respondent) wherein the Institute had paid an extra premium or an endorsement of IMT-5 (the Insurance Policy). That insurance policy further gave accidental personal coverage to unnamed passengers other than the ones insured, his paid driver, cleaner or a person employed by the insured and coming within the scope of Workman Compensation Act, 1923 to the scale of 100% compensation in case of death. Due to the incautious and negligent driving of the bus driver, the deceased while travelling in a mini-bus owned by the Institute, suffered some serious injuries and eventually died.
Therefore, the Appellant filed a petition before the Motor Accidental Claim Tribunal under Section 166 of the Motor Vehicles Act, 1988 against the Respondent, the Institute as well as the driver of the mini-bus and claimed a compensation of wherein the Tribunal held that the employment arrangement between the deceased and the institute to be a ‘Contract for Service&. Hence the deceased was not an employee of the institute. Therefore, for the above-stated reason, the Tribunal directed the Respondent, the institute and the driver of the mini-bus to pay a compensation of Rs. 37,63,100/- as well as interest at the rate of 8% p.a. Discontented by order of the Tribunal, an appeal was filed by the Respondent before the High Court of Gujarat wherein the Court relied upon the limitation of liability clause under the Insurance Policy which discharged the Respondent from any liability to a third party since the death has taken place in the course of the employment of such person. Moreover, the Court was of the opinion that since the contract between the insurance company and the dead person was a ‘Contract of Service’, the accountability of insurance company towards the deceased was narrowed to the extent of Rs.50, 000/-. Thereafter, being upset by the decision of Gujarat High Court, the Appellant filed an appeal before the Supreme Court for increasing the amount of compensation. The Court referred to various judgments which and the tests laid down to adapt the difference between a ‘Contract for Service’ and a ‘Contract of Service’. The Court diligently assessed precedents for this aspect and observed that there were no established tests that can be practised and that each fact would be examined for drawing a conclusion on this aspect. Furthermore, the Court observed that the preliminary tests where an employer exercises control over the person engaged could not be enforced in separation.
Niranjan Shankar Golikari V/s Century Spinning & Mfg Co. Ltd (1967 AIR 1098)
In this famous case, a foreign producer entered into a with a company manufacturing tyre yarn, which expressed that the company would preserve the secrecy of all technical information. In execution of the agreement, the company signed a non-disclosure agreement with the appellant at the time of his employment. The Supreme Court of India identified the tests to regulate the rationality of restrictive agreements in terms of Section 27 of the Contract Act. Considering the above-stated facts, the agreement was held to be valid, and the appellant was duly restrained from serving elsewhere for the duration of the agreement. The Supreme Court held that there is an implied term in a contract of employment that a previous employee may not make use of his previous employer’s trade secrets. Disregarding this exception, the employee is authorized to utilize most of the knowledge and skill possessed by him. The Court depended on Lord Halsbury’s Laws of England which held that as a general principle an individual was authorized to implement his lawful trade or calling whenever he wills, as well as the law, had resentment restrained against intervention with trade even at the risk of intervention with freedom of contract, as it was a public policy to combat all restraints upon freedom of individual action which is detrimental to interests of trade. This principle was based upon public policy, which is an effectual concept that changes and evolves depending upon time and needs.
Percept D’Mark (India) Pvt. Ltd. V/s Zaheer Khan & Anr. [Appeal (civil): 5573-5574 of 2004]
In this case, it was held by the Supreme Court that a restrictive contract extending beyond its terms is void and non-enforceable. The Court further held that the doctrine of restraint of trade does not apply during the continuation of the contract of employment, and it is applied only when the contract comes to an end. Moreover, it was observed that the doctrine of restraint of trade is not constricted to contracts of employment but is also significant to all other contracts.
Gujarat Bottling V/s Coca Cola (1995 AIR 2372)
In this case, the Supreme Court distinguished that in the past, nations frequently went to war for the conservation and improvement of their economic interests, but things have changed with the passing time. Whereas during this time of competition and high employee turnover rate, the employers generally try to safeguard their trade secrets so as to direct to engage in the market, make their employees sign contracts/agreements which limit their employees from revealing the job profile, henceforward, competing with the same establishment or working with the same competitors. Thus, such agreements entered between the employer, and the employee should not hinder the growth of employees and secure the interests of the employer.
Conclusion
The notion of the employment agreement is analogous to any other contract in force. A comprehensive employment contract provides the significant duties and responsibilities of the employee. The duties and responsibilities help him to comprehend accurately what his employer is expecting him to do. The major objective of an employment contract is to avoid revelation of information, non-competition, non-solicitation as well as fortification of confidential information, so it is always prudent to implement a written agreement of employment between the employer and the employee. The employee signs the employment contract. An appointment letter is generally executed with a view to cover the probation period of an employee until the time such employee is made permanent in the organization by the employer.
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