Lawful Talks

A Legal Blog by Prerna Foundation

Author

Souromita Chatterjee

DEVELOPMENTS RELATING TO ADR IN USA

Introduction It is well established now, that the problems which face our civil justice system are not unique in India. But there is much we can learn from what happened elsewhere. In the United States, the ADR movement which was… Continue Reading →

Cello v. Modware

Design Infringement and Passing Off Passing off was once considered to be a common law remedy available only to trademarks. But, an inclusion of the scope of passing off to designs leads to various interesting debates and questions in the… Continue Reading →

Special Economic Zones

Introduction Special Economic Zones (SEZ) are a specially delineated duty and tax free enclave and shall be deemed to be foreign territory for the purpose of trade operations and duties and traffic. Any person who, intends to set up a… Continue Reading →

Racism – A cause enough for divorce

This is not bias, this is racism. There is a whiteness travelling from the US to shopping malls in other countries. The High Court’s Certiorari.. A man must be cautious as to how he addresses his wife. As a recent… Continue Reading →

“DRONE” IS IT LEGAL?

Drones are more formally known as unmanned aerial vehicles (UAVs) or unmanned aircraft systems (UASes). Essentially, a drone is a flying robot. The aircrafts may be remotely controlled or can fly autonomously through software-controlled flight plans in their embedded systems working in conjunction with onboard sensors and GPS.

Environmental Protection

Like every other developing countries, India has environmental problems which are not confined to side effects of industrialization but reflects the inadequacy of resources to provide the infrastructural facilities to prevent industrial pollution. Although various legislation dealt with several environment… Continue Reading →

Media and Entertainment Law in India

“One of the objects of a newspaper is to understand the popular feeling and give expression to it, another is to arouse among the people certain desirable sentiments, and the third is the fearlessness to expose popular defects.” – Mahatma… Continue Reading →

Marital Rape – A curse to femininity

The NGO’s Plea.. The Delhi High Court, while hearing pleas seeking to make marital rape an offence, observed that marriage does not mean that a woman is always consenting for physical relations with her husband, PTI reported. The court in its… Continue Reading →

Drunk Driving – A way closer to Osiris..

The Death Running Onroad… The National Crime Records Bureau’s report on Accidental Deaths and Suicides in India 2015 has been oft quoted by critics. The report suggests that about 1.5 per cent of all the total 4.64 lakh road accidents… Continue Reading →

One’s Vulgarity Is Another Man’s Lyrics

In March 2018, a Malayalam magazine sparked a nationwide debate. It showed a model breast feeding, on its cover page. The intention behind it was to normalize “breast feeding” in our society. The motto was to accept and respect this… Continue Reading →

A Woman’s Right To Choice – To Love.. To Reject..

My Body.. My Soul.. My Choice.. A woman has a right to live, love and reject. No one can compel a woman to love him & she has an absolute right to reject. They have their own space like man,… Continue Reading →

Private Company v/s Public Company

The word ‘company’ is derived from the Latin word (Com=with or together; panis =bread), and it originally referred to an association of persons who took their meals together. In the leisurely past, merchants took advantage of festive gatherings, to discuss… Continue Reading →

The United Nations Commission on International Trade Law

The Government of India felt that its economic reforms might remain incomplete if corresponding changes were not brought in laws relating to settlement of disputes, especially through arbitration and conciliation. Thus need to reform arbitration law become necessary. The United… Continue Reading →

The Probation of Offenders

The word probation is derived from the Latin Word “Probare”. In legal parlance probation means the release of an offender from prison, subject to a period of good behaviour. According to Black’s Law Dictionary probation is “a court imposed criminal… Continue Reading →

Steps To File RTI in India

Throughout the world, the right to information is seen by many as the key to strengthening participatory democracy and ensuring more people-centered development. Nearly 70 countries around the world have now adopted comprehensive Freedom of Information Acts to facilitate access… Continue Reading →

Development Relating to ADR in India

In countries like US, UK, Canada, Australia and New Zealand, all have opted for rigorous case management of civil litigation and that all consider that ADR has a role to play. It is true that the US has gone much further than others, while Australia and Canada are following fast.

Indian Council of Arbitration

The rules of Indian Council of Arbitration will apply where the parties decide that – Either a dispute has arisen, or A dispute is likely to arise and such a dispute, either contractual or not, will be settled under the… Continue Reading →

  Live In Relationships In India

India being a conservative in nature, consider marriage as sacred. Till the end of 20th century live in relation was illegal in India. Though it has been legal from the beginning of 21st cent but the Indian society still cannot… Continue Reading →

Kailash Kher alleges Gorakhpur Maholisar theme song is a copy of his Adiyogi

“People should be informed and aware about how bad it is to copy someone else’s original creation, one should follow rules and take permission”- Kailash Kher Kailash Kher is an Indian pop-rock and Bollywood playback singer with a music style influenced… Continue Reading →

Counterfeit Laws In India

Counterfeit laws in India covers: copyright and related rights (i.e. the rights of a performer, producer of sound recording & broadcasting organisation); trademarks including service marks; geographical indications; industrial designs; patents ; layout designs of integrated circuits; and undisclosed information… Continue Reading →

Equal Remmuneration

In today’s globalised liberalised scenario, women form an integral part of the Indian workforce. In such an environment, the quality of women’s employment is very important and depends upon several factors. The foremost being equals access to education and other… Continue Reading →

Consumer Protection

Consumer means: One who buys goods for a consideration for personal use One who uses such goods with permission of buyers of goods One who obtains goods on hire purchase or lease One who hires or avails of any services… Continue Reading →

Patent- A Property: India Vs USA

A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented… Continue Reading →

Rights Of Citizen

The Constitution seeks to secure to the people “the liberty of thought, expression, belief, faith and worship, equality of status, equality of opportunity and fraternity assuring the dignity of the individual”. The Nehru Committee recommended the inclusion of fundamental rights… Continue Reading →

London Court Of International Arbitration

The London Court of International Arbitration (LCIA) is one of the world’s leading international institutions for commercial dispute resolution. The LCIA provides efficient, flexible and impartial administration of arbitration and other ADR proceedings, regardless of location, and under any system… Continue Reading →

Advancement of Arbitration in India

The existence of an organised society presupposes the existence of law. Human being is a state of nature that was governed by the law of nature based on reason. All human problems and disputes were then determined by moral laws…. Continue Reading →

ADR Movement in USA

In today’s modern world, most of the population knows the problems which face our civil justice system are not unique to India but there is little knowledge about what is happening in the rest of the world. In the United… Continue Reading →

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