10 Commercial Law Principles One Should Know: Lex Unified

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Principle I: “Agreement to Sell: Essential Ingredients” In the matter of: Braham Singh V/s Sumitra & Ors, 2011 (125) DRJ 570, it was observed that: “…Some of the essential ingredients of an Agreement to Sell an immovable property are: (i) identity of the vendor and purchaser, (ii) complete description of the property subject matter of… Read more »

Non-Grant of ‘Non-Grant of ‘Letters of Administration’ where ‘Suit for Partition’ is the Efficacious Remedy’ where ‘Suit for Partition’ is the Efficacious Remedy

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Preface: The scope of an administration suit is to collect the assets of the deceased to pay off the debts and other charges and to find out what is the residue of the estate available for distribution amongst the heirs of the deceased. A suit for partition is distinct from an administration suit. Though administration… Read more »

New Jurisprudence of Criminal Liability in Civil Wrongs

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Interpretation and pre-judicial review of “Tripple Talaq Ordinance” and criticism of intension of legislature behind the ordinance The Muslim Women (Protection of Rights on Marriage) ordinance, 2018 was promulgated on September 19, 2018. Muslim Women (Protection of Rights on Marriage) Bill, 2018 was introduced and passed in Lok Sabha on December 28, 2017 and is… Read more »

An Analysis of DNA Profiling Bill 2018

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“DNA profiling” is not a new term for all, because we have studied during school time. It is a technique by which individuals can be identified and compared via their respective DNA profiles. But now it is taking the form of legislation in India in the DNA profiling bill 2018 . Recently union cabinet passes… Read more »

How ‘Deceptively Similar’ back kicks Sardarbuksh

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How ‘Deceptively Similar’ back kicks Sardarbuksh Penalties come along when; domestic Companies use names of big brands in a funnier manner to promote their product. This time it is a coffee company, SardarBuksh, that sound deceptively similar to the very famous Starbucks. Started with a business from cart and now after opening five outlets throughout Delhi… Read more »

Piracy Paradox – Intellectual Property Right’s Grey Space

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PIRACY PARADOX- INTELLECTUAL PROPERTY RIGHT’S GREY SPACE   Abstract This article looks into Intellectual Property Law’s grey pace; which is the fashion industry and delves into why, with such low protection, it is still one of the most profitable industries. It is a substantial area of creativity into which copyright and patent do not penetrate… Read more »

Theory of confirmation by subsequent facts: Section 27 of the Indian Evidence Act 1872

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Theory of confirmation by subsequent facts: Section 27 of the Indian Evidence Act, 1872  In the matter of: Navaneethakrishnan V/s The State by Inspector of Police, Criminal Appeal No. 1134/2013 (Supreme court of India, Date of Decision: 16.04.2018, Coram: A.K. Sikri & R.K. Agrawal, JJ.) it was held that, Section 27 of the Indian Evidence… Read more »

Jurisprudence emanating from Section 238-A of the Insolvency & Bankruptcy Code 2016

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Jurisprudence emanating from Section 238-A of the Insolvency & Bankruptcy Code, 2016: B.K. Educational Services (P) Ltd. V/s Parag Gupta & Associates (2018)   Preface: Section 238-A of the I&B Code, 2016 (hereinafter referred to as the ‘IBC’) was inserted by the Insolvency & Bankruptcy Code (Second Amendment) Act, 2018 with effect from 06.06.2018. Section… Read more »

Witch Hunt- The Socio-Legal Intricacies

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By: Yashda Garg  Witch hunt is an archaic and a barbaric practice consumes numerous lives every year. Yet, interestingly, the violence ensued by it is mercilessly silenced and wrapped in the garb of custom. In fact, with the passage of time, the mass approach has only reflected blindness towards the issue. Furthermore, despite the tremendous amount… Read more »