LEXIS AND COMPANY

  Trademarks  A trademark is given to provide legal protection to marks of trade like brand names, signs, symbols etc. Trademark is an identity that certain products or services are provided by a certain person or entity. The difference between Trademark and other IPR's is that Trademark is given for an indefinite time. Initially a trademark is registered for 10 years but it can be renewed again and again indefinitely. Definition of 'trademark' is in Section 2(zb) of Trademarks ACT, 1999 "Trade mark" means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours. Types of Trademarks Word Marks - Right only in words, letters or numerals, no protection in representation of the mark. Device Marks - Right of Unique representation of a word, letter or numeral (word + logo) Service Marks - Used only for service

  Section 25 of Hindu Marriage Act, 1955 Introduction Marriage is considered a ceremony that brings two people together for life. Many say marriage is a pre-destined event. But, personal grudges or lack of satisfaction in a relationship, can make the lives of the two people involved and also their family members difficult. In such a case, god forbid a divorce happens, then there arises a question of financial support to either the husband or wife. This concept is known as maintenance. Concept of maintenance in India Sometimes, a marriage can go sideways. The last resort in such a case is divorce. After getting divorced, the wife must take care of herself and if she’s a mother, then her children. Hence, it may become difficult for a single parent to provide for all the basic requirements of life like food, shelter, clothes, education, etc. Hence, as the principles of social justice talk about resources, and equity, it becomes a duty of the man to provide for these basic needs. This conc

  FREEDOM OF PRESS To preserve the democratic way of life it is essential that people should have the freedom of express their feelings and to make their views known to the people at large. The press, a powerful medium of mass communication, should be free to play its role in building a strong viable society. Denial of freedom of the press to citizens would necessarily undermine the power to influence public opinion and be counter to democracy. Freedom of press is not specifically mentioned in article 19(1) (a) of the Constitution and what is mentioned there is only freedom of speech and expression. In the Constituent Assembly Debates it was made clear by Dr. Ambedkar, Chairman of the Drafting Committee, that no special mention of the freedom of press was necessary at all as the press and an an individual or a citizen were the same as far as their right of expression was concerned. The framers of the Indian constitution considered freedom of the press as an essential part of the freedo

 Central Board of Direct Taxes v. Satya Narain Shukla (2018) : case study Introduction The present case of Central Board of Direct Taxes v. Satya Narain Shukla(W.P.(C) 5547/2017 & CM No. 23333/2017) that appeared before Hon’ble Mr. Justice Vibhu Bakhru of the Delhi High Court was concerning an issue around the Election Commission’s verification of affidavits made by Members of Parliament (MPs) and Members of the Legislative Assembly (MLAs) revealing their assets. The respondent had provided a list of MPs and MLAs whose assets had reportedly risen by more than fivefold since the last election (that is, during the term of their office as elected representatives after the previous election). While the First Appellate Authority rejected the request for furnishing the responses received from the Directorate General of Income Tax (Investigation) (DGs), the respondent preferred a second appeal before the Central Information Commission (CIC), which was allowed. The Central Public Infor

   RULE OF LAW   “The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing.”-Caroline Kennedy In order to understand the concept of rule of law, it is to be comprehended that the state is governed not by the ruler or the nominated representatives of the people but by the law. The term ‘Rule of Law’ is nowhere defined in the Indian Constitution but this term is often used by the Indian judiciary in their judgments. Rule of law has been declared by the Supreme Court as one of the basic features of the Constitution so it cannot be amended even by the constitutional amendment. Rule of law is seen as an integral part of good governance.[1] As per rule of law, it is required that the people should be governed by the accepted rules rather than the decisions that are arbitrarily taken by the rulers. For this, it is essential to keep in mind that the rules that are m

  Doctrine of essential religious practice under Hindu Law : a comparative study of Constitutional and Personal Law General overview The secularism theory in India is quite ingenious.  Although initially the practice and spread of religious belief were suggested to be beyond the purview of the state, secularism in post-colonial India was not a principle replicated from the annals of its Western tradition. Secularism in India differed greatly, considering it had to encompass the distinctive socio-religious cultural identity of its people, in addition to the intricacies of India’s multiple religious’ communities. Essentially, Indian secularism has three aspects:  Religion shall never play a role in the relations between the State and the individual  (ii) the non-interventionist stature of the State was expected to grant equitable freedom of religion by guaranteeing that it did not interfere between the individual and his or her religious belief; (iii) Government intervention was to reint