According to Section 2(f) of the Employee Provident Funds and Miscellaneous Provisions Act (1952) (hereinafter referred to as the EPF Act), Any individual who is (i)employed by or through a contractor in or in relation to the work of the establishment is considered to be an employee; or (ii)engaged as an apprentice but not under the terms of the establishment’s standing order or the 1961 Apprentices Act.
Continue readingCybersquatting Involving Trademarks and Service Marks
Examples of Cybersquatting, also known as domain squatting, is the practice of maliciously registering, purchasing, or exploiting a domain name. Cybersquatters disregard trademarks to extort money from others. In actuality, the first person to purchase a domain name will get it.
Continue readingUnconventional Trademark In Sports
Intellectual property law, more specifically trademark law, has a long history with sports and sports teams.
Continue readingAbortion: its Evolution & Challenges
Abortion has remained one of the most contentious issues in biological ethics to this day. It’s a topic that’s been hotly debated all over the world, and there are a lot of different perspectives on whether or not it’s legal.
Continue readingPIL & its importance in Contemporary India
PIL has risen to a position of prominence in our judicial framework. There is no explicit definition of the phrase in any statute. The meaning has developed over time as a result of numerous judgments.
Continue readingAn Outlook on Restitution of Conjugal Rights under Hindu Marriage Act
Marriage is regarded as a sacrament in India, where the man and woman who marry are considered to be united within one connection and recognized as one soul. When a man and woman marry, they adhere to particular cultural and religious traditions that bind them together for the rest of their lives.
Continue readingA Study of Administrative Tribunal in India
The term ‘tribunal’ is used in Administrative Law with a specific meaning, referring only to adjudicatory bodies that are not part of the regular court system. Technically, the judicial powers in India are vested in the Courts, which are responsible for safeguarding individual rights and promoting justice.
Continue readingRestitution under Indian Contract Act
The act of returning something to its rightful owner after it has been taken away, lost, or relinquished is known as “restitution.” When a contract is declared void, neither side is obligated to fulfil its obligations.
Continue readingOverriding effect of Insolvency and Bankruptcy Code
The Insolvency and Bankruptcy Code, 2016, was enacted by the Rajya Sabha on May 11, 2016, a major economic bill touted as second only to the GST bill in importance.
Continue readingDamages in Lieu of Specific Performance
Damages in Lieu of Specific Performance must be specifically claimed. In the recent case of Universal Petro Chemicals Ltd. v. B.P. PLC & Ors.’s, the Supreme Court of India confirmed that damages in place of specific performance under Section 21(5) of the Specific Relief Act, 1963 (“Act”) can be granted only if specifically claimed in the plaint.
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