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
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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
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Leo Francis Xaviour V/s The Principal, Karunya Institute
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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?
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Delayed Justice from Consumer Courts
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Trademark Infringement - Triple identity test in Trademark
Blockchain Technology in India – II
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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.
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Bank Guarantee
M/s M.M.T.C Ltd. & Anr v/s M/s Medchl Chemical & Pharma P
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SunitaTokas v/s New India Insurance Ltd.
Can couples get separated without a divorce?
Scope of Arbitration in India
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NRIs right to purchase Property in India
Decriminalization of Dishonour of Cheques: a measure contradictory to its purpose
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Regulation of Cryptocurrency in India
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Validity of Narco-Analysis in India
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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
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Director of Income Tax II (International Taxation) V/s M/s Samsung Heavy Industries Co. Ltd.
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Constitutionality of Bandhs
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Witness to a Will
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Mahalakshmi V/s Bala Venkatram (d) through LR & Anr.
Kajal V/s Jagdish Chand
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NRI's Power of Attorney
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Types of Will
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Points to be considered before filing an Income Tax Return
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Shortcomings of the Consumer Protection Act, 2019
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The consumer is the King in 2020
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Child Labour Laws in times of Covid-19
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Personal Data Protection Bill, 2019
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Consumer dispute Redressal Forum in dealing with Medical Negligence
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Response to a Legal Notice
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Doctors' Bill: Prohibition of Violence & Damage to Property Bill, 2019.
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Demerger
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International Day for the Elimination of violence against Women
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Virtual Clinic
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National Company Law Tribunal
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Motor Vehicle Amendment Act, 2019
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Motor Accident Claim Tribunal
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Rights of the Patient
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Regulation for E - Pharmacy in India
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Procedure to start a Pharmacy Store in India
India Vs Pakistan: Kulbhushan Jadhav's Case
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Juvenile Justice Act, 2000
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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
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Rafale Deal And All About The Controversy
New laws and provisions have been formulated by the government to safeguard the interest of the consumers in the market. In a country like India, consumers are always tagged as kings of the market, but the question is, are the consumers given authorities and powers as a king has over its throne? The answer to this was a big “no” a few years ago, but today, the scenario has been changed, and finally, the king of the market, has been granted the right powers and authorities through the formation of Consumer Protection Act, 2019.
The Consumer Protection Act, 2019 has replaced the three-decades-old Consumer Protection Act, 1986, which mainly eases the procedure to file complaints by the consumers and gives higher protection the consumer dealing in the market.
With this, the new Consumer Protection Act 2019 seeks to revamp the process of settlement and administration of consumer disputes, with strict penalties, including jail term for adulteration and counterfeit products. It will also cover any misleading advertisements by the firms.
Consumer Protection Act, 2019
Before going further, what the new law speaks and implements, its first important to know how the transformation of a “bill” to an “act” took place. The Minister of Consumer Affairs, Food and Public Distribution, Ram Vilas Paswan introduced the “Consumer Protection Bill, 2019” in the Rajya Sabha also known as Upper House of the Parliament on July 8, 2019. The Lok Sabha then passed the bill on July 30, 2019, and was later cleared by the Rajya Sabha on August 6, 2019. On August 9, the bill was signed by the President Ram Nath Kovind. It came into effect on July 20, 2020.
The government of India has notified the country, regarding most of the provisions of the Consumer Protection Act, 2019 which will come to effect on July 20, 2020. To keep the consumers happy and in focus, the newly implemented law will ensure that complaints can be lodged at a district or state consumer commission from the site where the complainant resides rather than from where the service or product was bought.
The provisions which have come up by the government covers consumer protection councils, mediation, consumer dispute redressal forum, the liability of products or services, the penalty for manufacturing, distributing, selling, etc. products which contain adulterant or spurious goods.
The new laws of the Act will allow the consumers to drag to court if manufacturers, distributors or sellers are found dealing with the adulterated or spurious goods. The consumers can also lodge complaints in consumer claiming compensation for any counterfeit products or the wrong ones from the manufacturers.
Under situations where the consumer is not injured, the court can give compensation of Rs. 1 lakh to the consumers or award six months of Jail under the provisions laid down by the Consumer Protection Act, 2019. In cases where the consumer is injured, the fine to the seller, manufacturer, or the distributor could be upto Rs. 5 lakh and upto 7 years in jail. If in a situation, the consumer dies, then a minimum fine of Rs 10 Lakh and seven years in jail can be imposed, which may be extended to life imprisonment. Any provisions regarding direct selling or online services are yet to be made by the government, which may come in the next two or three weeks. The provisions relating to the constitution of an apex Central Consumer Protection Authority (CCPA) at the national level also remain to be notified by the government.
The CCPA will make interventions to prevent the consumer from unfair trade practices. The agency can also initiate class action, which will include enforcing recalls, refunds and returns of products. The bill also promotes simplified dispute resolution process, which also has provision for mediation and e-filing of the cases. For mediation, there will be fixed timelines that will be released by the ministry. E-filing of cases will take place, and the requirement of a lawyer to produce will also be reduced.
Misleading advertisements is one of the most followed things by the common people. We often tend to fall for the advertisements that are fancy and exaggerating. The new bill introduced carries a provision for jail term and fine for manufactures. However, the celebrities who are a part of such advertisements will not be put behind bars, though there are chances that they will be banned if something wrong is endorsed by them, which is misleading. A major change in the bill is the formulation of product liability. For the first time, the product liability is introduced where the manufacturer or the service provider or the product seller will be liable to compensate the injured consumer for the defective product or deficiency in services.
The consumer commissions at district, state and national level will entertain complaints, and on the other hand, the CCPA will be able to take suo moto action and forward cases to National Consumer Dispute Redressal Commission for class action lawsuit where a large number of consumers are affected.
Conclusion
The relationship of a seller and a buyer is very fragile and therefore needs proper protection which safeguards the interest of both the parties. To give the consumer, the title of King, it's important to implement such laws and policies, which makes sure that every consumer in the market is the decider and the king. The addition of the Consumer Protection Act, 2019, in the already existing acts is proof that India is developing and such laws, will help to protect the relationship between a buyer and seller.
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