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TRADEMARK REGISTRATION PROCESS IN INDIA: A Practical Guide for Businesses

Introduction One of the most valuable properties of any organization could be the brand itself. It can either be a name, logo, label, slogan or any other combination of these factors that help consumers recognize an organization. But in the absence of proper legal registration, companies run the risk of losing control over their brand

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CHEQUE BOUNCE CASES IN INDIA: RIGHTS, REMEDIES AND PROCEDURE

Introduction A cheque is given with the hope of receiving payment. But when that cheque comes back, unpaid, the problem doesn’t always end there. For the recipient, it usually means delayed payments, interrupted cash flow, and doubt over collection. For the issuer, it could lead to court action under section 138 of the Negotiable Instrument

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ARBITRATION VS LITIGATION: WHICH IS BETTER FOR YOUR BUSINESS?

A brief understanding of the benefits of arbitration and litigation by Ms. Diya Champavat   Disputes are an inevitable part of business dealings. Be it any sort of dispute regarding services agreement, shareholder dispute, breach of contract, non-payment of money or business dealings, the approach selected to solve such disputes makes a huge difference to

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Handcuffing of Accused: The Interplay of BNSS and Article 21

Handcuffing of Accused: The Interplay of BNSS and Article 21 by Vidhi Solanki     Arrest with Dignity: Arrest does not automate handcuffs on the wrist.   The practice of handcuffing an accused during arrest, detention, or transportation has always been a contentious issue in India. The Bharatiya Nyaya Suraksha Sanhita (“BNSS”), the legal framework

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AI Takes the Gavel: Contract Laws’ New Sidekick in Automated Decision Making

AI Takes The Gavel by Jash Mistry   INTRODUCTION   What is AI? There are many ways to answer this question, but one place to begin is to consider the types of problems that AI technology is often used to address. In that spirit, we might describe AI as using technology to automate tasks that

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Prevalence of Forensic Science in the New Criminal Laws

Prevalence of Forensic Science in the New Criminal Laws – Vidhi Solanki     In 2024, India embarked on a historic overhaul of its criminal justice system with the implementation of three new laws: the Bhartiya Nagarik Suraksha Sanhita, the Bhartiya Nyaya Sanhita, and the Bhartiya Sakshya Adhiniyam. These reforms mark a significant departure from

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Insolvency and Arbitration

Two Paths, Two Proceedings – An Interpretation Web of Arbitration and Insolvency – Shikha Chandlekar   In India, the relationship between Insolvency and Arbitration is quite contrasting as insolvency aims to centralize all the proceedings against a debtor to one jurisdiction hence giving proceedings in rem effect and thereby creating third party rights whereas arbitration

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Franchised Businesses and Legal Issues

FRANCHISED BUSINESSES AND LEGAL ISSUES   This article discusses the most common legal issues faced by Franchised Businesses in India. Author – Charmie Africawala A.  Introduction to Franchised Business A franchised business is one that is owned by an individual or group of owners (“Franchisee”) and offers a good or service that is branded by

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Rights of Women in India

RIGHTS OF WOMEN IN INDIA This article lists out some important laws which preserve the rights of women in India 1. RIGHT TO EQUAL PAY The Equal Remuneration Act, 1976 is a gender-neutral legislation which says that both men and women are entitled to the same salary for the same work. It ensures that men

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GST on Ocean Freight

GST ON OCEAN FREIGHT (M/S MOHIT MINERAL VS. UNION OF INDIA) Author – Charmie Africawala This article discusses the jurisprudence around application of GST on ocean freight with regards to the recent Supreme Court judgment in the case of M/S Mohit Mineral Vs. Union Of India, and refund of the IGST amount already paid by

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