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Post the establishment of the World Trade Organisation (WTO), cross border transactions have become much easier globally. Enforcement of contracts and adjudication of disputes is crucial if markets are to function effectively. This requires the parties to have a clear understanding of the nature of the contract, legal measures which can be taken to protect themselves, and compliance with all global requirements
The expression “International Commercial Agreements” has not been expressly defined anywhere per se. However, a reference to Article 1(1) of the United Nations Convention on Contracts

A franchise agreement is a contractual relationship, just like another contract. Similar to any other contract, a franchise agreement has two parties, namely, the franchisor and the franchisee. The franchisor leads his Intellectual Property Rights and the business system to the franchisee, who pays a royalty and a fee for conducting the business with the brand name of the franchisor. Once the franchisee commences the business, the franchisor aids the franchisee in conducting the business. Franchise agreements serve two purposes –
a) Promotes a product.
b) Promote a business system/format.

The 2019 Novel Wuhan Coronavirus (Covid-19) which originated from the Wuhan district of China has infected nearly 96,500 people and has claimed the lives of over 3,300 people globally. The global pandemic, as reported by the World Health Organization (WHO) has no diagnosis until today and though the survival rate is quite high, yet stringent measures need to be taken at both the micro-level and the macro-level to fight the virus. In India alone, the virus has infected 30 people, though no deaths have been reported yet. Having said that there is no diagnosis till date, precautionary measures b

The 2019 Novel Wuhan Coronavirus (Covid-19) which originated from the Wuhan district of China has now spread globally and infected nearly 96,500 people and has claimed the lives of over 3,300 people globally. The global pandemic, as reported by the World Health Organisation (WHO) has no diagnosis till date and though the survival rate is quite high, yet stringent measures need to be taken both at the micro-level and the macro-level to fight the virus. Owing its similarity to the SARS and the potential threat caused by it, the countries across the world evacuated its citizens stranded in Wuhan

The case analysis which is being done hereinbelow is done while considering the viewpoint of the Courts in towards the cases relating to “Medical Negligence”. The case analysis carries the facts of the case, the issues raised by the Patients and their family members vis a vis the Doctors, arguments advances by both the sides and the judgment passed by the Court.

Facts –
The son filed a First Information Report (FIR) at a Police Station in Ludhiana because his father was admitted in a hospital at Ludhiana on 15.02.1995 and died on 22.02.1995 at the same place.

The case analysis which is being done hereinbelow is done while considering the viewpoint of the Courts in towards the cases relating to “Medical Negligence”. The case analysis carries the facts of the case, the issues raised by the Patients and their family members vis a vis the Doctors, arguments advances by both the sides and the judgment passed by the Court.

Facts –
A minor was admitted in a Hospital where the patient upon examination of a Senior Consultant Paediatrician, and on advice of other doctors. Upon diagnosis it was found that the patient was suffering from typhoid fever and

The Hon’ble Supreme Court in Makwana Mangaldas Tulsidas vs. The State of Gujarat & Anr. S.L.P. (Criminal) No. 5464 of 2016 have issued notices to the Union of India, Registrar Generals of all the High Courts, the Police Department, the Reserve Bank of India, the Indian Bankers Association etc in order to enable the development of a new proforma of cheques which shall include the purpose of payment along with other necessary information in order to facilitate issues with respect to cases relating to cheque bounce under the Negotiable Instruments Act of 1881 (NI Act).

A “Relinquishment Deed” is a legally valid and legally enforceable document whereby one person can relinquish and/or surrender his/her claims and rights over an movable or the immovable property, in favour of another person.
The “Relinquishment Deed” can only be executed by the person who is the lawful owner of the movable or the immovable property. The person who executes the Relinquishment Deed is known as the “Executant” and/or the “Releasor” and the person to whom the ownership rights are surrendered and/or transferred is known as the “Releasee” respectively.

The fundamental reason for a trademark is to help individuals perceive the source of particular goods and services. The source enables individuals to decide the quality. Quality is the thing that customers typically base their buy choices on. This is the reason a trademark is critical in the economy. A trademark reflects the source and quality of the goods or services.

This is why it is essential to guarantee that the trademark isn’t being infringed upon. A trademark speaks to the brand estimation of the trademark proprietor. Infringement of trademark causes losses in finances and reputati

An application for registration of trademarks is submitted at the Head office or a branch office of the Trade Marks Registry within whose territorial limits the principal place of the business of the applicant is located. The digitization and formality checking of the application is done at the respective offices.

The Application is then examined predominantly with respect to whether the relevant mark is capable of distinguishing applicant’s goods or services, regardless of whether it is prohibited for registration under any law for the time being in force, whether the registration of the

Passing off is a type of tort, and its substantive part is established upon the common law principle. The general principle of passing-off states that no man can have any right to represent his goods as the goods of another person. As expressed over, the Trade Marks Act, 1999 does not define “Passing Off”. Section 134 (1) (c) refers to jurisdiction or power of the District courts to try the suit and even issue injunction in the matter relating to Passing off suits. The plaintiff has to establish his case and satisfy the court concerned the irreparable damages caused to them.

The word “negligence” and particularly the term “medical negligence” has been widely heard of, however, the etymology of these words cannot be plainly implied but rather on the contrary have to be studied from the point of view of both law as well as medicine. The term “negligence” means failure to exercise the degree of care expected of a person of ordinary prudence in like circumstances in protecting others from a foreseeable and unreasonable risk of harm in a particular situation. Talking about negligence as per civil law it has often been defined as the breach of legal duty by an act of c

Under the Indian legal framework medical negligence is categorized under three different aspects, i.e.

Criminal Negligence
Civil Negligence
Negligence under the Consumer laws
All these laws are applied according to the act conducted by the Medical Practitioner which includes Doctors, Nurses, Clinics, Hospitals including the Para Medical staff for which punishment and compensation is awarded by the Court as per these laws. The Section 304-A of the Indian Penal Code 1860 deals with criminal negligence, which states that “whoever causes the death of a person by a rash or negligent act not

The most important aspect before filing a trademark is that one has to do the trademark search. The trademark search is an online web based tool whereby any person can insert the details of his/her trademark and can obtain the details of the same and/or similar trademarks which have either been applied for or registered. The portal shares the entire details about the different marks which are either applied for and/or are registered which includes their status with respect to filing and the contact details of the Applicant.

The Querist along with one of his close friend had started their partnership firm, whereby a partnership deed was prepared and was executed, but was not registered. The partnership deed was not carrying the pre-requisite clauses which are inevitable and necessary for any partnership. The duo were also not having proper registrations with their respective State’s Shops & Establishment Act and were running their partnership in a most unprofessional manner. There arose a dispute between the partners of the unregistered partnership firm and one of the vendors, with respect to a claim. As per the

The realm of laws relating to “medical negligence” has three dimensions and are covered under three different legal categories i.e.

Under the Civil Laws
Under the Criminal Laws
Under the Consumer Laws
The criminal negligence is covered under the Indian Penal Code, but, when criminal negligence is clubbed with the consumer laws then the same has been a matter of debate as to whether medical services are explicitly covered under the definition of “Services” as enshrined under the Section 2(1)(o) of the Consumer Protection Act, 1986. In a landmark decision the Hon’ble Supreme Court in the

The Querist had approached us to enquire about the process involved whereby the above arrangement could be made. The Querist was advised that they can enter into an agreement whereby they can outsource the work from the Company which is registered in the United Arab Emirates (UAE) which can outsource work to a Company registered in India, by way of an International Commercial Agreement. Theese Agreements and Contracts are valid legal documents which can be enforced before Courts. These Agreements and Contracts carry the following clauses which further streamline the work i.e.

The Non-Disclosure Agreement (NDA) should clearly mention the following clauses i.e.

Term of the NDA
Authority & Ownership Rights over the Intellectual Properties (IP)
Data Protection & Data Theft Clause
Arbitration & Jurisdiction Clauses
Indemnity & Personal Guarantee Clauses
Force Majeure & Penalty Clauses
Clause with respect to Royalty & Selling Rights

Our Querist is a Tech Start-up, which is into the field of Artificial Intelligence and Software Development for some big players of different industries. The Querist had employed more than 50 engineering graduates and had around 10 post graduates who were working on different projects. The projects involved complex coding and de-coding of certain techs which are to be delivered to the respective Clients of the Querist, however, their proprietary rights were to remain with the Querist.

The Querist along with his family migrated and settled in Canada and is now a Non Resident Indian (NRI) and is living with his family in Canada. The Querist has five brothers and two sisters and their ancestral house is located in Delhi which admeasures 500 square yards. The ancestral house was registered in the name of the mother of the Querist, however, after her death the property was never mutated and/or transferred. Further, one of the sister and one brother of the Querist were jointly staying in the property illegally and in a most unlawful manner forged the signatures of the Querists o