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DISTINGUISHING BETWEEN LEASE AND LEAVE AND LICENSE
By Nazaqat Lal, Advocate & Solicitor nazaqat_lal@hotmail.com | Mar 22, 2024 INTRODUCTION Execution of a lease effectively results in the transfer of property for a specified time period, after which, the property reverts back to the lessor or...
BASICS OF PRIVATE TRUSTS
By Nazaqat Lal, Advocate & Solicitor nazaqat_lal@hotmail.com | Mar 22, 2024 What is a private trust? A private trust is a separate legal entity created or brought into existence for the purpose of holding property (movable or immovable) for a...
WHAT MAKES A GENERIC WORD UNIQUE IN TRADEMARK LAW
By Ritabh Singh, Final Year student at the Government Law College, Mumbai ritabhsingh44@gmail.com | Jan 03, 2024 INTRODUCTION A trademark can simply be understood as a word, letter, shape of an object etc. which denotes a certain enterprise and...
Mediation is Social Healing!
DHRUTI KAPADIA, DOCTORATE STUDENT AND MEDIATOR 23rd Dec, 2023 Conflicts often take place across the globe. There are often deep marks left behind from which we see history repeat itself, and we see conflicts occurring frequently. With this, we can...
Basics of Real Estate Due Diligence
By Nazaqat Lal, Advocate & Solicitor, Bombay High Court nazaqat_lal@hotmail.com | Dec 14, 2023 a. What is real estate due diligence? Real estate due diligence is an investigative process undertaken to ascertain the title of the seller to the...
DO I REALLY NEED A PROPERTY LAWYER WHILE BUYING OR SELLING A FLAT?
By Nazaqat Lal, Advocate & Solicitor, Bombay High Court nazaqat_lal@hotmail.com | November 28, 2023 • My broker has given me a draft agreement that is commonly used for sale/purchase of flats. My broker will also arrange to pay TDS. Why should...
LEGALISATION OF ILLEGAL DRUGS IN INDIA
By Ritabh Singh, Final Year student at the Government Law College, Mumbai ritabhsingh44@gmail.com | Oct 25, 2023 (I) INTRODUCTION The pharmacological definition of a drug is “a chemical agent which when taken into the body affects the processes or...
APPLICABILITY OF GST ON TRANSACTIONS IN RESPECT OF TENANTED PREMISES
By Sandip N. Vimadalal, Advocate & Solicitor and assisted by Ritabh Singh, Articled Clerk sandipvimadalal@yahoo.com| Sept 3, 2023 INTRODUCTION 1. There is lot of ambiguity and unawareness in the minds of tax and legal practitioners and parties...
ROLE OF CULTURE AND USE OF APOLOGY IN MEDIATION
By Dhruti Kapadia, Counsel, Solicitor, AOR and Certified Mediator kapadiadhruti@gmail.com| Aug 30, 2023 INTRODUCTION Mediators while mediating often encounter racial, cultural and other forms of diversity in their mediating sessions. The essential...
Artificial Intelligence in Law; Will “Robot Lawyers” take over the profession?
By Ritabh Singh, 4th Year Law Student, Government Law College, Mumbai, ritabhsingh44@gmail.com | February 28, 2023 INTRODUCTION Technology has been evolving ever since the invention of bows and arrows. The 18th century marked the beginning of the...
WHETHER A GIFT OF AN IMMOVABLE PROPERTY RESERVING A LIFE INTEREST (AMOUNTING TO CONDITIONAL GIFT) FOR THE DONOR IS VALID?
By Heena Thalesar, Advocate heenathalesar2233@gmail.com | February 2, 2023 There is a lot of confusion amongst lawyers and public in general “whether one can gift an immovable property reserving life interest for himself/herself?” Many people would...
A DETAILED ANALYSIS OF THE COLLEGIUM SYSTEM FOR THE APPOINTMENT OF SUPREME COURT AND HIGH COURT JUDGES
By Ritabh Singh, 4th Year Law Student, Government Law College, Mumbai, ritabhsingh44@gmail.com | February 02, 2023 THE COLLEGIUM SYSTEM AND THE ROLE OF THE COLLEGIUM The recent battle of words between the executive and the judiciary finds its...
PRACTICAL ASPECTS OF LIS PENDENS – SECTION 52 OF THE TRANSFER OF PROPERTY ACT, 1882
By Ritabh Singh, 4th Year Law Student, Government Law College, Mumbai, ritabhsingh44@gmail.com | January 09, 2023 Introduction The principle of Lis Pendens - ‘Lis’ meaning litigation/dispute and ‘Pendens’ meaning pending - is embodied in this...
A CHANGE IN AFFIRMATIVE ACTION OF RESERVATION – AN IMPORTANT JUDGEMENT BY THE HON’BLE SUPREME COURT OF INDIA
By Ritabh Singh, 4th Year Law Student, Government Law College, Mumbai, ritabhsingh44@gmail.com | December 16, 2022 Introduction The 103rd Constitution Amendment Act was assented by the President of India in January 2019, and this amendment...
Can a woman be punished under Section 354 of IPC? (Assault or Criminal force on a woman with the intent to outrage her modesty)
By Shivam B. Trivedi, Advocate rshivamtrivedi798@gmail.com | December 14, 2022 Introduction The general understanding is that a woman cannot be charged under Section 354 of IPC, however, the true interpretation differs. Section 354 of the Indian...
EFFECT OF NOMINATION IN A CO-OPERATIVE HOUSING SOCIETY
By Nazaqat Lal, Advocate & Solicitor, Bombay High Court nazaqat_lal@hotmail.com | November 19, 2022 INTRODUCTION Myth is existing in the mind of general public that upon death of a member of Co-operative Housing Society, the Nominee of such...
IS A COMPLAINT BY A TRANSGENDER WOMAN UNDER SECTION 498A OF IPC MAINTAINABLE?
By Shivam B. Trivedi, Advocate rshivamtrivedi798@gmail.com | November 11, 2022 Introduction Section 498-A of the Indian Penal Code, 1860 (“IPC”) was incorporated in the year 1983 with the object of giving protection to married women who were...
LEGALIZING ABORTION UPTO 24 WEEKS FOR ALL WOMEN; A LANDMARK JUDGEMENT
By Ritabh Singh, 4th Year Law Student, Government Law College, Mumbai, ritabhsingh44@gmail.com | October 25, 2022 INTRODUCTION The Hon’ble Supreme Court judgment pronounced on the 28th September 2022, in X v. The Principal Secretary [1], declared...
Deemed Conveyance and Certain Practical Difficulties
By Nazaqat Lal, Advocate & Solicitor, Bombay High Court nazaqat_lal@hotmail.com | March 20, 2022 INTRODUCTION Section 11 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963...
Remedies Available to Original Owner of Land After Order of Deemed Conveyance under MOFA
By Nazaqat Lal, Advocate & Solicitor, Bombay High Court nazaqat_lal@hotmail.com | Dec 24, 2021 [*The relevant sections and statutes have been mentioned in brackets] INTRODUCTION After taking possession of flats and forming co-operative housing...
Is Fraud an Arbitrable Dispute? / Can Allegations of Fraud be Decided by an Arbitrator?
By Nazaqat Lal, Advocate & Solicitor, Bombay High Court nazaqat_lal@hotmail.com | October 25, 2022 INTRODUCTION In commercial transactions, there are often allegations of siphoning off of funds, lack of transparency in maintaining accounts and...
APPLICABILITY OF SECTION 79A OF THE MAHARASHTRA COOPERATIVE SOCIETIES ACT FOR REDEVELOPMENT OF SOCIETY’S PROPERTY IN MAHARASHTRA
By Nazaqat Lal, Advocate & Solicitor nazaqat_lal@hotmail.com | Nov 05, 2021 INTRODUCTION Buildings of co-operative housing societies are being redeveloped on a large scale in the state of Maharashtra. Prior to 2009, a number of complaints were...
SALE OF HUF PROPERTY INVOLVING A MINOR
By Nazaqat Lal, Advocate & Solicitor nazaqat_lal@hotmail.com | Oct 26, 2021 Introduction Section 8 of the Hindu Minority and Guardianship Act, 1956 (“the Act”) provides that sale or transfer of immovable property of a minor requires the natural...
THE UNCERTAINTY AROUND CRYPTOCURRENCIES IN INDIA
By Isha Thakur, Advocate ishav1998@gmail.com | Oct 18, 2021 “Bitcoin was created to serve a highly political intent, a free and uncensored network where all can participate with equal access” -Amir Taaki, British-Iranian Programmer In the...
RIGHT TO DIE WITH DIGNITY
By Isha Thakur, Advocate ishav1998@gmail.com | Oct 06, 2021 “Life sans dignity is an unacceptable defeat and life that meets death with dignity is a value to be aspired for and a moment for celebration.” - CJI Dipak Misra The concept of right to...
EFFECT OF BEQUEST UNDER THE WILL TO AN ATTESTING WITNESS
By Nazaqat Lal, Advocate and Solicitor nazaqat_lal@hotmail.com | Nov 01, 2021 Section 63 of the Indian Succession Act, 1925 (“the Act”) requires a will to be attested by at least two witnesses. The attesting witnesses must sign or affix their thumb...
A GUIDE TO REVERSE MORTGAGES IN INDIA
By Aishwarya Vashishth, Lawyer 16jgls-avashishth@jgu.edu.in | Sep 21, 2021 Introduction “Reverse Mortgage” means “an agreement under which an owner of a primary residential property borrows funds from a Bank/Financial Institution (being the Lender)...
TRADEMARKS, VIDEO GAMES & FREEDOM OF SPEECH
By Rishit Vimadalal, Advocate rishit@vimadalal.in | Sep 09, 2021 The purchase of any videogame comes with an implicit promise to transport you from your home to the virtual reality within your television screen. Developers are constantly...
ANALYSIS OF THE OECD CONSULTATION DOCUMENTS ON THE BEPS ACTION 14 TO MITIGATE CROSS-BORDER TAX DISPUTES
By Jaisal Baath, BBA LL.B. (Hons) jaisalbaath@hotmail.com | Jul 06, 2021 Introduction In the 21st Century, cross border business is the highest it’s ever been and as such, disputes relating to which jurisdiction will have the taxing right on...
CAN TRANSGENDER PERSONS GET MATERNITY BENEFITS?
By Raagini Raghu 16jgls-rraghu@jgu.edu.in | June 25, 2021 Can the Maternity Benefit Act and Transgender Persons (Protection of Rights) Act be interpreted harmoniously to provide maternity benefit to transgender pers? The Maternity Benefit Act, 1961...
Law on Family Arrangements
By Nazaqat Lal, Advocate & Solicitor, Bombay High Court nazaqat_lal@hotmail.com | June 08, 2021 Family arrangements have long been recognised by the law and are increasingly being used in estate planning. Recently, an amendment to the...
AVAILABILITY OF AN ALTERNATE REMEDY DOES NOT PROHIBIT THE COURT FROM ENTERTAINING A WRIT PETITION IN AN APPROPRIATE CASE
By Esha Malik, Advocate eshamalik322@gmail.com | May 24, 2021 In a recent judgement in Uttar Pradesh Power Transmission Corporation Limited v/s. CG Power and Industrial Solutions Limited, the Apex Court held that availability of an alternate...
CAPITAL GAINS EXEMPTIONS
By Milisha K. Shah, B.Com, Final CA Student, milisha82@gmail.com | May 20, 2021 Exemptions under Income from Capital Gains under the Income Tax Act, 1961. The following exemptions available under the head of income “Income from Capital...
Is Live-in Relationship Still Against Indian Culture?
By Amrutha Bawgi and co-authored by Thanmai Sree, Presidency University, Bangalore amruthabawgi@gmail.com, thatha.thanmai@gmail.com| May 11, 2021 ABSTRACT It is a known fact that India is a country rich in culture and history. We also know...
Identification and Classification of Place of Residence of a Company for Assessing of Income
By Deobrat.S.Gaur, Student, University Of Petroleum And Energy Studies, Course-Bcom LLB(Hons) Specialization in Taxation Laws deobrat11gaur@gmail.com | May, 5 2021 The tax incidence and imposition of tax is dependent upon the residential status of...
WHY IS CANADA IMMIGRANTS’ PARADISE
By Manju Hirani, Hirani Canadian Immigration and Consultancy Solutions Inc, Canada hiraniimmigration@hotmail.com, Ph:001(778) 8962567| June 08, 2021 The US News & World Report in its “2021 Best Countries Report” recently announced Canada...
SEAT OF ARBITRATION AND TERRITORIAL JURISDICTION OF THE COURT
By Jineshi Thakar, Advocate jineshi1010@gmail.com | May 1, 2021 Over the years, whenever laws relating to arbitration have been discussed upon, legal concept of seat of arbitral proceedings and territorial jurisdiction of courts thereto has...
MERE USE OF TRADEMARK IN AN ARTICLE DOES NOT AMOUNT TO FALSE APPLICATION
By Heena Thalesar, Advocate heenathalesar2233@gmail.com | April 28, 2021 BACKGROUND OF THE CASE:- Recently, in a judgement delivered by the Hon’ble Bombay High Court in Prateek Chandragupt Goyal vs. State of Maharashtra and others (Criminal...
POWER OF APOLOGY IN MEDIATION
By DHRUTI M KAPADIA-ADVOCATE, SOLICITOR, ADVOCATE-ON-RECORD, SUPREME COURT OF INDIA & MEDIATOR kapadiadhruti@gmail.com| April 24, 2021 “A WORD OF APOLOGY CAN HELP RESOLVE DISPUTES –IT IS WORTH THE TRY THAN HOLDING UPON EGOS TO CONTINUE...
EMERGENCY CREDIT LINE GUARANTEE SCHEME 3.0
By Esha Malik, Advocate eshamalik322@gmail.com | April, 23 2021 In view of the second wave of COVID-19 Pandemic in India and its impact, the Government of India has under its Atmanirbhar Bharat Initiative decided to extend its Emergency...
Whether The Grant Of Probate By The Testamentary Court Conveys Title Of Any Property To Any Person?
By Nazaqat Lal, Advocate & Solicitor, Bombay High Court nazaqat_lal@hotmail.com | April 21, 2021 The question of the grant of probate by a testamentary court conferring title of a property to a person is a question interlinked with the...
ENTRIES IN BALANCE SHEET AMOUNTING TO ACKNOWLEGMENTS OF DEBT UNDER SECTION 18 OF THE LIMITATION ACT AND ITS APPLICABLILITY TO INSOLVENCY AND BANKRUPTCY CODE
By Manish Doshi, Advocate manish@vimadalal.in | April, 19 2021 In a recent judgement delivered by the Hon’ble Supreme Court of India, in Asset Reconstruction Company (India) Limited v. Bishal Jaiswal & Anr, important questions arose for...
GIFT OF AN IMMOVABLE PROPERTY TO A STRANGER TO THE EXCLUSION OF LEGAL HEIRS OF CLASS-I OF THE HINDU SUCCESSION ACT, 1956, CAN BE REGARDED AS A TRANSFER IN LAW?
By Esha Malik, Advocate eshamalik322@gmail.com | April, 17 2021 In a recent judgement delivered by the Hon’ble High Court at Calcutta in Prabitra Kumar Maity v. Shyamali Manna and Others, an interesting, important and significant question...
CAN A LLP BECOME A PARTNER IN A PARTNERSHIP FIRM?
By Isha Thakur, Law Student, SNDT Law School ishav1998@gmail.com | April, 13 2021 The ease of forming and operating a partnership has been instrumental in improving the ease of conducting business in India. With minimum intervention from regulatory...
INFRINGEMENT OF COPYRIGHT U/S 23 OF THE COPYRIGHT ACT, 1957 AND TRADEMARK U/S 103 OF THE TRADEMARK ACT,1999 ARE NON-BAILABLE OFFENCES
By Heena Thalesar, Advocate heenathalesar2233@gmail.com | March 27, 2021 WHAT IS INFRINGEMENT? Infringement refers to the unauthorized use of material that is protected under intellectual property laws. This usually refers to instances of...
Restriction on Sale of Immovable Property by Non-Citizens
By Isha Thakur, Law Student, SNDT Law School Ishav1998@gmail.com | March 20, 2020 Austere regulations and surveillance of capital asset transactions for maintaining foreign exchange reserves is not an uncommon practice. In fact, countries around...
INFORMATION TECHNOLOGY RULES, 2021
By PRAJJWAL SHARMA, Law Student, HPNLU, SHIMLA prajjwalsharma590@gmail.com| March 10, 2021 What are the new social media regulations called? The new social media regulation is called, “The Information Technology (Guidelines for...
Right of Parties in Breach of Contract With Reference to Supreme Court Cases
By Nehil Bhatnagar, Law Student, Hidayatullah National Law University. nehil0907@gmail.com | March 10, 2021 The Law of Contract provides that in breach of contract both the parties are allowed compensation, restoration or at least return of...
Practice of Sealed Cover Doctrine : A Case of Constitutionalism of Convenience?
By Namita Shetty*, Advocate nshetty89@gmail.com | Nov 30, 2020 An independent judiciary is the hallmark of a healthy democracy. Judicial Independence is sine qua non of a vibrant democratic system. For Rule of Law to prevail,...
LAW OF WILLS
By Admin, LegalFormatsIndia.com Dec 8, 2020 This Article is only to highlight the general information and concept of a valid “WILL”. “Will” is defined in Section 2 (b) of the Indian Succession Act, 1925 as “the legal declaration of the...
TRADE MARK FOR YOUR BUSINESS
By Ramesh Gajria, Advocate and Solicitor, Gajria and Co., rameshg@gmail.com | Dec 8, 2020 A major part of growing your business is developing a strong brand and, thereafter, protecting it. What is a Mark?: • The Trade Marks Act, 1999 defines...
CHEQUE BOUNCING – (Process & Procedure)
By Admin, LegalFormatsIndia.com Dec 8, 2020 A. (i) Under Section 7 of the Negotiable Instrument Act,1881 (“the Act”), the person who issues and signs the cheque is known as the “Drawer”, the person directed to pay i.e., the bank in this case...
TCS Provisions on Sale Of Goods, under Section 206C(1H) Of Income Tax Act, 1961
By Rachit S Thakar, Advocate rachitthakar.ils@gmail.com | Nov 30, 2020 The provisions relating to TCS were introduced under the Income Tax Act, 1961 to collect tax in advance from the persons who are engaged in business of trading in...
Notaries and Notarisation
By Nazaqat Lal, Advocate & Solicitor, Bombay High Court nazaqat_lal@hotmail.com | Dec 8, 2020 [*The relevant sections and statutes have been mentioned in brackets] 1. Who is a notary? A notary is a person appointed by the Central...
Application of Force Majeure to the Law of Limitation
By Nazaqat Lal, Advocate & Solicitor, Bombay High Court nazaqat_lal@hotmail.com | Nov 30, 2020 The law of limitation governing the territory of India is contained in the Limitation Act, 1963 ("the Act"). The preamble of the said Act...
MEDICAL NEGLIGENCE IN INDIA
By Ms. Sandhya Tolat, Advocate and Solicitor Sandhya.tolat@gmail.com | Dec 7, 2020 There is increasing awareness and judicial activism around medical negligence cases in India. Through legal jurisprudence over the years, the Hon’ble Supreme...
BUSINESS STRUCTURE IN INDIA
By Admin, LegalFormatsIndia.com Dec 9, 2020 Most of the “Startup” groups in India are unsure whether they should incorporate/register Partnership Firm, Limited Liability Partnership or Private Limited Company? What should be their Business...
CONCEPT NOTE – FORCE MAJEURE CLAUSE
By Kinjal Bhatt, Advocate bhattkinj1@gmail.com | Nov 30, 2020 Under a contract, the Force Majeure clause is invoked to safeguard a party from the consequences of non-performance of the contract due to circumstances beyond the control of such...
DOCTRINE OF CLEAN SLATE AND INSOLVENCY AND BANKRUPTCY CODE
By Shlok Parekh- Advocate, Bombay High Court Parekhshlok24@gmail.com | Nov 30, 2020 History of the Doctrine The Clean-Slate doctrine was developed in the late 19th century under the influence of voluntaries theory, which dominated the...
Ivory Trade
By Aishwarya Vashishth, Final Year Student at Jindal Global Law School aishwaryavashishth07@gmail.com | Nov 30, 2020 ‘Ivory’ is a rare and valuable substance that is usually procured from the teeth or tusks of certain animals. The Convention...
TYPES OF CRIMINAL TRIALS
By Harsha Sawant, Advocate sawantharsha20@gmail.com | Nov 30, 2020 Criminal trial A criminal trial is designed to resolve accusations levied (usually by the State) against a person accused of a crime. The rights afforded to criminal...
IS COMPOSITE SUIT FOR DESIGN INFRINGEMENT AND PASSING OFF VALID?
By Amritha Vyas, Associate Advocate, Gajria and Co. amritha@rgajria.com | Nov 30, 2020 INTRODUCTION: This question has been laid to rest by a Special Bench of five judges of the Delhi High Court in Carlsberg Breweries A/S. vs. Som...
KERALA HC: MORAL RIGHTS CONTINUE TO SUBSIST EVEN AFTER COPYRIGHT ASSIGNMENT
By Heena Thalesar, Advocate heenathalesar2233@gmail.com | Nov 30, 2020 Whether the author of a work, even after the assignment of the concerned work, would have special rights to claim authorship of his/her work provided under Section 57(1)...
MEDIA TRIALS
By Esha Malik, Advocate eshamalik322@gmail.com | Nov 30, 2020 In a democratic country like India, Media Trials is and has always been a much discussed subject covering within its fold a very dramatic and impactful insight both in the print...
Weekly Holidays under Section 52 of the Factories Act 1948
By Punit Agarwwal, Final Year Student at Jindal Global Law School 16jgls-pmagarwwal@jgu.edu.in | Nov 30, 2020 In these unfortunate times of the Coronavirus pandemic, several state governments have passed notifications to increase workers'...
DEEMED CONVEYANCE AND PROCEDURE TO BE FOLLOWED FOR OBTAINING DEEMED CONVEYANCE
By Admin, LegalFormatsIndia.com Dec 8, 2020 A. (i) Under Section 10 of The Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (“MOFA”) read with Rule 8 of The Maharashtra...
THE LEGAL REGIME OF MEDICAL TOURISM IN INDIA
By Virti Shah, Advocate virtimshah@gmail.com | Nov 30, 2020 India has been a regional health care destination for its neighbouring countries such as Afghanistan, Bangladesh, Bhutan, Maldives, Nepal, Pakistan, and the Middle East since the...
Whether Copyright subsist in a Cinematography Film?
By Amritha Vyas, Associate Advocate Gajria and Co, Advocates and Solicitor amritha@rgajria.com | Dec 7, 2020 “Cinema constantly remakes itself, but whether this is understood as homage, imitation or theft depends upon historically specific...
DIVORCE AND GROUNDS FOR DIVORCE UNDER HINDU LAW
By Isha Thakur, Law Student, SNDT Law School ishav1998@gmail.com | Dec 10, 2020 According to the Hindu religious codes/tenets, marriage is considered to be a religious sacrament, sanctified in the presence of gods....
DIVORCE AND GROUNDS OF DIVORCE UNDER SPECIAL MARRIAGE ACT, 1954
By Isha Thakur, Law Student, SNDT Law School ishav1998@gmail.com | Dec 23, 2020 India is prominent for being a country of cultural extravaganza and religious diversity constituting a socially pluralistic and multiethnic democracy, as such...
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