Whether a legal practitioner is allowed to represent a person, facing an enquiry before the Internal Complaints Committee in a case of Harassment at Work Place?

In the recent decision of the Hon’ble High Court of Delhi[1], the court rejected the view of allowing a legal representative to represent petitioner in an enquiry conducted by Internal Complaint and held that: The petition is not maintainable as Rule 7(6) of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 … Continue reading Whether a legal practitioner is allowed to represent a person, facing an enquiry before the Internal Complaints Committee in a case of Harassment at Work Place?

DOES PART-PAYMENT OF A NEGOTIABLE INSTRUMENT RELIEVES THE ACCUSED FROM HIS LIABILITY?

Section 138[1] of Negotiable Instruments Act reads that the following are the components of the offence punishable under Section 138 of Negotiable Instrument Act: - (1) drawing of the cheque by a person on an account maintained by him with a Banker, for payment to another person from out of that account for discharge in … Continue reading DOES PART-PAYMENT OF A NEGOTIABLE INSTRUMENT RELIEVES THE ACCUSED FROM HIS LIABILITY?

What happens when written statement is filed without being accompanied by an affidavit of admission and denial in Commercial Suit?

The Delhi High Court has observed in the case of Cosco International Pvt Ltd. v. Jagat Singh Dugar, on its decision dated 06th April, 2022, that the filing of a written statement within the prescribed time period and the defect of non-filing of the affidavit of admission/denial, if cured within the permissible time then nothing … Continue reading What happens when written statement is filed without being accompanied by an affidavit of admission and denial in Commercial Suit?

Why it’s Instagram or any platform obligation to prevent any user from uploading harmful content as per IT (Intermediary Guidelines and Digital Media Ethic Code) Amended Rules 2022 ?

As the push and demand for a safe and accountable internet was flooded in the country, the ministry of electronics and IT has come forward with amendments in Information Technology (Intermediary Guidelines and Digital Media Ethic Code) Amended Rules 2022 aimed at protecting the rights of people working digitally. Since the reliance on digital platform … Continue reading Why it’s Instagram or any platform obligation to prevent any user from uploading harmful content as per IT (Intermediary Guidelines and Digital Media Ethic Code) Amended Rules 2022 ?

Whether director is liable for offence under section 138, even if not signatory to cheque?

PLOT: The respondent and the Petitioner Company entered into certain transaction, in furtherance of which, the authorized signatory of the Company issued certain cheques in favour of the respondent complainant. The cheques, when presented for its realization, were returned for want of sufficient funds, which leads the complainant to take recourse to legal proceedings against … Continue reading Whether director is liable for offence under section 138, even if not signatory to cheque?

WHAT IS PROCESS FEES IN A CASE AND PROCEDURE TO FILE PROCESS FEE IN COURT

Process fees (PF) A process fee is chargeable by the court to serve the other party involved in the case for example for serving summons, notices, and so on. Whenever anything has to be served to another party through court, pf is filed.  No process shall be issued until the proper fee for its service … Continue reading WHAT IS PROCESS FEES IN A CASE AND PROCEDURE TO FILE PROCESS FEE IN COURT

TRADEMARK INFRINGEMENT OF INTEL AND DIRECTION TO REGISTRAR OF COMPANIES TO CHANGE THE NAME OF INFRINGER COMPANY

Introduction: The current lawsuit was brought by Intel Corporation, USA in 2006 against three companies: Intel Gas Gadgets (P) Ltd., Intel Gas Guards (P) Ltd., Intel Safety Devices, and their respective director, Mr. S.P. Gupta. The lawsuit sought a long-term injunction prohibiting trademark use, delivery up, passing off, damages, and infringement. Plaintiff: The plaintiff, Intel Corporation, USA, … Continue reading TRADEMARK INFRINGEMENT OF INTEL AND DIRECTION TO REGISTRAR OF COMPANIES TO CHANGE THE NAME OF INFRINGER COMPANY

AN ATTEMPT TO STEAL THE IDENTITY OF LIQUOR BRAND “OFFICER’S CHOICE”

Introduction The present suit is filed in the High Court of Delhi, wherein the plaintiff seeks permanent injunction; restraining infringement of trademark, copyright, passing off and so on among other reliefs. Plaintiff: The plaintiff is said to be in the business of, among other things, producing and marketing alcoholic beverages, including Indian Made Foreign Liquor … Continue reading AN ATTEMPT TO STEAL THE IDENTITY OF LIQUOR BRAND “OFFICER’S CHOICE”

AN ATTEMPT TO STEAL THE IDENTITY OF INDIA’S PROMINENT LEGAL NEWS AND RESEARCH PORTAL “LIVE LAW”

Introduction: Live Law is an online news portal, the subject area of which is to provide legal news. Over the time Live Law has built a reputation in terms of providing latest judgements, case analysis, etc. of various courts such as Supreme Court, High Courts, various others courts and tribunals. Apart from that, the portal … Continue reading AN ATTEMPT TO STEAL THE IDENTITY OF INDIA’S PROMINENT LEGAL NEWS AND RESEARCH PORTAL “LIVE LAW”

CASE OF “TAK” MARK INFRINGEMENT OF THE MEDIA CHANNEL “AAJ TAK”

CASE: LIVING MEDIA INDIA LTD. & ANR VS. AAB TAK CHANNEL.COM (JOHN DOES) & ORS Brief facts: All the defendant has used the suffix “Tak” on which Plaintiffs have the legal right under Trademark bearing trade mark number 1242922 in class 38 and trade mark number 1242921 in class 41. Moreover, the mark    is also … Continue reading CASE OF “TAK” MARK INFRINGEMENT OF THE MEDIA CHANNEL “AAJ TAK”