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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
Surendra Kumar Bhilawe V/s The New India Assurance Company
Seat Vs Venue of Arbitration
D. Velusamy V/s D. Patchaimmal
Standard from of Contract - Legal or Illegal?
Life Insurance Corporation of India V/s Mukesh Poonamchand Shah
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
Plea of Adjustment
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?
Triloki Nath Singh V/s Anirudh Singh
Milmet Oftho & Ors. V/s Allergan Inc.
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
FAQ's on Trademark
EMI - Equated Monthly Installments
Legal mistakes made by the Start-Up
What is a Stamp Paper?
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?
Why do doctors need to be updated with medical negligence laws?
Personal Data Protection Bill, 2019
Jurisdiction of Consumer Redressal Forums
Does telephonic consultations amount to culpable negligence?
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.
Why less Indemnity cover is risky for Doctors?
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
By: admin
Date:03 July 2020
Covid-19
Comments:0
Views:1598
Likes:0After the breakdown of Covid-19 in the country, it has almost been two months, that people are locked in their houses and are either working from home or working through using digital modes like video conferencing, zoom calls and WhatsApp calls to connect with their bosses, employers and other co-workers. In such a scenario, when people can’t go out to work, digitalization is playing a major and effective role. It is the requirement and as well as the only way through which India’s economy can grow in this stagnant situation.
Legal Fraternity
Every profession is doing its best to control the crisis, but only a few of them are able to control it. Once this pandemic is over, everything from our lifestyle to eating habits will change. Life, as we know it, will change. Under such circumstances, one can only use this pandemic to challenge themselves and use this opportunity to bring a positive change in society. Since laws are what governs this society, this pandemic has given a chance to the legal fraternity to bring change in the way of litigation and in practising. By making use of technology, things can be innovated in a way to enhance the legal decisions as well as the legal knowledge around the country. Right now, the way the situation is prevailing and the way the lockdowns have been extending, the only method left with the courts, lawyers, and the legal profession is to shift digitally to maintain and govern law and order in our states.
Use of AI in Courts Pre Covid
In the recent celebration of Constitution Day, the Chief Justice of India, SA Bobde, has proposed to introduce the system of Artificial intelligence (AI) to improve the judicial system of the country. Such a system will help in better administration and delivery of judgements. However, the CJI also mentioned that people should not form an opinion that digitalization will ever replace the judges of the country. The event was organized by Supreme Court bar association (SCBA) in which the CJI said “We propose to introduce, if possible, a system of artificial intelligence. There are many things which we need to look at before we introduce ourselves. We do not want to give the impression that this is ever going to substitute the judges.”
The president of India, Ram Nath Kovind, was also present in the event where the Supreme Court App was introduced. Justice Bodbe, while talking about the application, asserted that artificial intelligence fueled law translation system will facilitate the quality translation and will further help in improving the efficiency of the Indian Judicial System. The app that was released will translate the judgements into nine religion languages.
A meeting was conducted of e-committee of the High court in which the head of e-committee Justice DY Chandrachud head of the Supreme Court e-committee, had stressed on the need to start virtual courts in all states not only to deal with traffic challans but also in all other summary violations.
Shift to Digitalization
The Supreme Court of India is leaving no stone unturned in hearing and adjourning of the cases through the courts are shut and there is a nationwide lockdown in the country till 3rd of May. On 23rd march to practise social distancing and to prevent the spread of the virus, the court decided to ban the entry of lawyers and litigants in the court, and it was also decided to hear only those cases which were of utmost importance and urgency. According to the recent reports, the Supreme Court has heard 593 cases in the last 34 days through video conferencing and other digital facilities. 203 out of the 593 cases were connected cases, that is, cases involving the same issue which were heard along with the main case. Furthermore, the top court also delivered judgments in 41 cases during this period. Through these 41 judgments, the court disposed of an additional 174 cases which were connected matters. The apex court decided to start the method of video conferencing on 23rd march, a day before prime minister announced the nationwide lockdown in the view of Covid-19 pandemic. Since then, the court sat for hearing on 17 working days with a total of 34 benches hearing cases through video conferencing. Not only this, but 53 benches also sat to decide review petitions. However, those were decided in chambers without an oral hearing and with these 84 review petitions were disposed of by the court during this period.
The hearings in the Supreme Court are conducted through the Vidyo app, which can be downloaded on mobile phones and desktop. The platform is hosted on the servers of the National Data Centre of National Informatics Centre.
While the judges on the bench join the video conference from the residence of one of the judges, the lawyers join from their respective houses.
The court also came out with standard operating procedure (SOP) for filing, mentioning and hearing of cases through video conferencing on three occasions - March 23, March 26 and April 15.
Apart from the court cases, online consultations have been started by the lawyers for their clients. Lawyers are now giving online advice through video calls or telephonic calls to make their clients know about what is legally right and legally wrong. The lawyers are able to take up cases and study them so that no time in the future to fight such cases is lost. It is the correct time for the litigants to make a place for them and earn the trust of their clients. Such situations will later lead potential clients to the litigants.
Big law firms are able to connect to their clients through social media and work from home techniques for the employees is working well for such firms. As most of the work these firms tackle is about research and writings, the work from home structures is proving to be supportive of them.
Therefore, the legal fraternity has witnessed a significant shift in the way they are working and practising post-covid-19 which is productive as well as beneficial to them.
What future holds for Legal Fraternity?
Imagine a scenario, where there is no lockdown and the people can finally go on dinners and meet their friends. Such three friends’ meet for dinner from whom one is a lawyer, the other is designer and the third one is an entrepreneur. These three friends meet and they start discussing the effects of covid-19. The conclusion of the discussion comes out that, the lawyer has been hired by the entrepreneur to fire one of his employees who didn’t work from home and is now asking for a full paycheque. With this, the lawyer is also hired by the designer to sue his boss for not giving him the paycheque for the lockdown period. These is what the future of lawyers is once the lockdown is over. Coming out of the imagination, as the nation is going through a lockdown because of the outbreak of covid-19, the businesses are in a dilemma as they have no idea how will they continue their operations and pay their employees. In a pandemic where the government is asking the businesses to provide full salaries to their employees and not to fire them due to the lockdown, consider the number of legalities and issues this company had to go through to fire its 200-300 employees across the country. The company must have consulted legal firms and considered the advice of the lawyers. Besides all this, a lot of paperwork and documentation must have been required by the company to fire its employees without involving any mistakes and errors legally.
On the other hand, the fired and frustrated employees during this time must be eagerly waiting for the lockdown to end and consult their legal friends to sue the company for such an ignorant act. Consulting their lawyers and filing cases against them again means, work for the legal fraternity. Hence, the future is full of opportunities for lawyers and legal firms. The only thing they have to do is to target the right group of people and build trust among the clients. For lawyers, COVID-19 crisis is a boon in the guise of a bane. When clients have lots of problems, lawyers thrive. The crisis has created lots of problems for clients.and therefore a lot of work - now, and for months to come, for lawyers.
As for the courts, the overnight shift in the paradigm is proof that courts can are efficiently equipped with the expertise to act without limitation at any hour of need. As stated by a senior advocate CS Vaidyanatha “This is an inflexion point for the legal profession in India. Till now, the mind-set was one of resistance to change, or at best, incremental change. The disruption occasioned by Covid-19 has put forward challenges that can be best countered with wholesome and wholesale changes – by the adoption of online courts with limited or no oral hearing but based on brief written submissions.”
On the plus side, the pandemic has paved its way in forcing our age-old legal practice to go digital quicker, which shall hopefully continue even post the lockdown and the pandemic. There may be some guidelines pursued on this matter later on, once the lockdown relaxes.
Introduction to E-Contracts
Post Covid-19, digitalization is taking over and therefore e-contracts are also increasing and making their place in the economy. Electronic contracts or e-contracts are agreements entered through an electronic form mostly through a software system as opposed to the traditional contracts documented on paper and signed using the wet ink. The Indian laws are recognizing various types of e-contracts such as contracts which are entered through emails, clickwrap and shrink wrap contracts and other similar platforms. However, to recognize it as a valid and legally enforceable contract, the pre-requisite of the Indian Contract Act,1872 needs to be followed. E-contracts execution is done by various modes among which one of the easiest and safest way is through digital signatures. The Information Technology Act enables obtaining of digital signatures in a scenario where social distancing is must, and people are not allowed to meet each other. Digital signatures are introduced so that contracts can be signed digitally and norms of social distancing are not hampered. It is important to note that there are certain contracts which are not eligible for execution through online modes. Furthermore, the contracts which are executed should be only made, after taking the help of legal people. The government is also taking initiatives to open online portals for the payment of stamp duties for such contracts.
Conclusion
On the brighter side, the biggest winner in this technological shift may be the solving of the pendency problem in the Indian courts. As per the McKinsey Reports, 22% of a lawyer’s job can be automated.
Covid-19 is a troublesome situation for everyone, but these are the testing times. The legal mind has to now be creative and find opportunities and solutions in this chaos. As soon as the lockdown is uplifted, things will change and the adoption of such changes will be the only option left. The big law firms, as well as the individual lawyers and small law firms, are doing stellar work concerning the Covid crisis, innovating new services, helping clients with their current legal problems, and some have even set up dedicated desks for Covid related work. Therefore, the one who will be well prepared will be able to find the right opportunities amid Covid-19.
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