ORIGIN AND EVOLUTION: The tort of Passing-Off has originated from Common laws. It is pretty regular in countries like United Kingdom, Philippines, and New Zealand. In the case of Frank Reddaway Ltd v. Banham[1], Lord Halsbury held that common law protects a man’s goodwill and rights and prevents others from misrepresenting it. However, the exact definition wasContinue reading “THE TORT OF PASSING OFF: A CRITICAL ANALYSIS”
Tag Archives: Statute
Analysis of Section 86(2) of the Juvenile Justice (Care & Protection of Children) Amendment Act, 2021
Children are always attributed with innocence, beauty, and without a possibility of malignity in them. They are the torch bearers of our nation and hence they shall be treated equally as adults. Their life and liberty shall be considered as important as adult citizens of the nation. Our legislations pertaining to child rights are formedContinue reading “Analysis of Section 86(2) of the Juvenile Justice (Care & Protection of Children) Amendment Act, 2021”
ORDER IX RULE 13 CPC-SETTING ASIDE EX-PARTE DECREE
The term ‘decree’ literally means ‘an official order given by a government or a ruler. It also means an order having the force of law. The Code of Civil Procedure, 1908 (CPC) defines the term ‘decree’ under section 2(2). As per the Code of Civil Procedure, 1908 decree means “the formal expression of an adjudicationContinue reading “ORDER IX RULE 13 CPC-SETTING ASIDE EX-PARTE DECREE”
ANIMAL WELFARE LAWS WITH EMPHASIS ON PUNISHMENT FOR ANIMAL CRUELTY IN INDIA
India, the world’s seventh largest country, is one in every of the foremost bio-diverse regions within the world, with four of the world’s 36 variety hotspots. It’s home to animals starting from Bengal Tigers to the Great Indian Rhinoceros and animal protection and welfare within the country has taken a outstanding place in recent years. ProtectionContinue reading “ANIMAL WELFARE LAWS WITH EMPHASIS ON PUNISHMENT FOR ANIMAL CRUELTY IN INDIA”
RIGHTS OF AN ARRESTED PERSON
In a literary sense, arrest means the action of seizing someone and taking them into legal custody. It means deprivation of personal liberty of the accused. Whenever an offence is committed by any person, he is taken into custody to investigate and inspect the case Thus, after an arrest, a person’s liberty is under full control of theContinue reading “RIGHTS OF AN ARRESTED PERSON”
E-CONTRACT: EVOLUTION FOR POSTMODERN
Electronic commerce is one of the byproducts of the 21st century’s economic substance, but what about contracts and all of that paperwork that used to happen? We could see new things that were unimaginable once, whether it was a paperless budget or paperless courts. But what about a paperless contract? Isn’t it a reality yet?Continue reading “E-CONTRACT: EVOLUTION FOR POSTMODERN”
RES JUDICATA: THE RULE OF CONCLUSIVENESS
WHAT IS RES JUDICATA? The Principle of res judicata is enshrined under Section 11 of the Code of Civil Procedure, 1908. This principle or rule is also called as the “rule of conclusiveness”. It provides that a matter once finally decided by a competent Court, no party can reopen it in a subsequent litigation. It was heldContinue reading “RES JUDICATA: THE RULE OF CONCLUSIVENESS”
Essential Ingredients of Section 307 IPC- The Prosecution is required to prove its case beyond reasonable doubt & conviction cannot be based merely on the basis of presumption to rule out the presence of accused- SC REAFFIRMS
IN A RECENT JUDGEMENT SET OUT BY ASSIDUOUS EFFORTS OF HK LAW OFFICES IN CASE TITLED AS ‘VASUDEV V. STATE OF M.P., 2022 SCC OnLine SC 118, AIR Online 2022 SC 80‘, WHEREIN THE HON’BLE SUPREME COURT OF INDIA POINTED OUT THE GRAVE ERROR COMMITTED BY TRIAL COURT AND HIGH COURT IN CONVICTING THE APPELLANTContinue reading “Essential Ingredients of Section 307 IPC- The Prosecution is required to prove its case beyond reasonable doubt & conviction cannot be based merely on the basis of presumption to rule out the presence of accused- SC REAFFIRMS”
ARBITRATION AGREEMENT- ANALYSIS AND LEGAL ASPECT
An Arbitration agreement is characterized in Section 7 of the Arbitration and Conciliation Act 1996. An Arbitration agreement is a contract between two or more parties to yield the Arbitration in a particular debate that should be settled down between the parties. This assertion may be a lawfully official contract. Consolidation of rules chosen withContinue reading “ARBITRATION AGREEMENT- ANALYSIS AND LEGAL ASPECT”
MONEY LAUNDERING: WHERE DOES THE BUCK STOP?
The practice of cycling the proceeds of crimes into legitimate earnings through various businesses and complex financial transactions has been as old as civilization itself. However, the term “money laundering” is a relatively very modern one. The etymology of the term “money laundering” can be traced to the activities of the Italian mafia in the U.S.,Continue reading “MONEY LAUNDERING: WHERE DOES THE BUCK STOP?”
H.K. LAW OFFICES 