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Showing posts from June, 2022

Impact of Globalization on Legal Profession

  Author: Rahul Gour, BML MUNJAL UNIVERSITY, Gurugram [email protected]    INTRODUCTION  Globalization is causing a fundamental transformation in the legal profession. Many countries are active in the legal profession, and there is also excess to the domestic economies as a result of globalisation. Globalization has wrought significant changes in the instruction of law students, the training of advocates, and the honing of advocates' professional abilities to address the problems posed by globalisation and the universalization of law. The legal industry's standard has risen, and lawyers must now be competent in addressing a wide range of cases. Political globalisation, economic globalisation, and technological globalisation are the three main drivers of globalisation. Globalization draws individuals from all over the world closer together, resulting in a new system of global governance as well as a global civil society. The legal profession has been affected by globalis

Implications of cheque bounce in India

  Author:  Preeti Khandelwal What is Cheque bounce?  A cheque is said to be bounced if the cheque written by the issuer is bad due to some technical reasons or mismatch of signature or due to insufficient fund in the account, hence not processed by the bank then cheque is returned or dishonoured. Cheque bounce is a serious offence. The complaint for the cheque bounce is file under section 138 of Negotiable Instrument Act,1881.     Supreme Court on pending of cases under the N.I Act    The Supreme Court said that, the pendency of the proceedings in cheque bounce cases and the multiplicity of complaints in which a cause of actions arising from one transaction is litigated has dampened the ease of doing business. SC also directed that nature of offence under section 138 of NI act which relates to dishonour of cheque is quasi criminal and the purpose of the enactment is to provide security to creditors and instill confidence in the banking system of the country.(https://economictimes.india

Everything you need to know about trademark infringement and its types

  Author: Aman Bhola, Trinity Institute of Professional Studies INTRODUCTION There has been high industrial growth worldwide, which has spurred the use of intellectual property development worldwide. According to a recent report by WIPO (world intellectual property organization), there has been a rise in the filing of trademark forms by 13.7 %. Intellectual property is an incentive system that protects innovation and authorship work from being used illegally without the maker's permission. The trademark is part of intellectual property whose primary function is to incentivize the owner and protect the consumer.   A trademark is the exclusive rights or, in layman’s language, an "Identification mark" of a service/ product, which makes it distinct for people who expect a certain quality when using these services/products and protects them from any illegal use of the mark.   According Section 2(1)(i)(viii)(zb of trade mark act   “trade mark” means a mark capable of being repr

The Role Of Cyber Law In Cyber Security

  Author:Yash Gupta, Amity University, Noida The Role Of Cyber Law In Cyber Security INTRODUCTION  The computer-generated environment of the internet is usually referred to as cyberspace, and the laws that control or are in effect in this realm are referred to as cyber laws or IT laws. All users of this cyberspace are subject to these laws because they have global jurisdiction. When illegal or unauthorised access to data or access to a computer or other device occurs, it is referred to as cybercrime. Cybercrime is on the rise, and this encompasses fraud, abuse, and gadget misuse. In India, cyberlaw is not a separate legal framework, rather it's an unique composition consisting of contract, intellectual property, data privacy, and data protection. With computers and the internet infiltrating every part of our lives, Strong foundation for cyber laws are required. Information, software, information security, e-commerce, and monetary transactions are all governed by cyber laws.  "


  Author: Monisha Parida, Kiit School Of Social, Financial And Human Science [KIIT UNIVERSITY]   INTRODUCTION Children are future of our country. It is very important for an country to have strict as well as proper rules and regulation for the protection for children against abuse and neglect. Even though there was low rate of crimes, abuse and exploitation but at today it have increased drastically. Due to all such illegal activities against children, there is high chances that our future generation have to go through with lots of problem. To make sure that our future generation do not live in dangerous and criminal environment our government have pass many laws for the protection of children. For the protection of children against sexual abuse laws have been passed in India.   This law has been in-acted in India as the part child protection policies in India. Every laws which are been enacted in India or have been passed in India are meant to protect children from sexual abuse and ha

POCSO- It's need and relevance in India

  Author: Animesh Nagvanshi, Institute of Chartered Financial Analysts of Indian University, Dehradun   Background History/Need for Act India has one of the largest populations of children in the world – Census data from 2011 show that India has a population of 472 million children below the age of 18 years. Protection to children by the state is guaranteed to Indian citizens by an expensive reading under Article 21 of the Indian Constitution and also mandated given India’s status as a signatory to the UN Convention of the Rights of the POCSO Act. Before the introduction of POCSO Act, 2012, the sole legislation in India that aimed at protecting the rights of a child was the Goa’s Children’s Act 2003. Child Abuse was prosecuted under the Sections of Indian Penal Code such as 354 for outraging the modesty of a women, 375 for Rape and 377 for unnatural offences. Introduction Protection of Children from Sexual Offences Act, 2012 (POCSO, 2012) is comprehensive law enacted with the objective

Rights of patients

  Author: Shubhda Jain Introduction The rights of patients are important as covid 19 has made us realise how our health care systems are. in the constitution of India, it is there that right to life is a fundamental right, whereas the right to health is the most prominent part of it. Healthcare centres are heaven for most people where they can lessen or remove the pains. Patients who know their rights can access the best healthcare system. because they have all the right to do it, hence, no economic, social, or polar identical barriers can make them deprived of it.  Remember when someone in the family met with an accident or some disease it has to rush to get the aid for it. And by knowing your rights, you have the position to ask for them. Most of the time people don’t know where they are headed, and what to do. If the person is aware of the rights they could ask for them. The main act which comes is the right to information act,2005. A patient has the right to know about the status o

Cyber Crime: - In Indian Perspective

  Author: Deepanshi Singh, ICFAI University, Dehradun INTRODUCTION Cybercrime is an offence involving targeting or attacking a computer or computer network with the objective of performing an illegal activity such as committing fraud, trafficking in child pornography, software vulnerability exploits or social engineering. Cybercrime, also known as computer crime, the use of a computer as a device to in addition unlawful ends, which include committing fraud, trafficking in child pornography and intellectual property, stealing identities, or violating privacy. Cybercrime, especially through the Internet, has grown in importance as the computer has become central to commerce, entertainment, and government. Ø CYBERCRIME RANGES VARIETY OF ACTIVITIES. CYBER CRIME CAN BE BASICALLY DIVIDED INTO THREE MAJOR CATEGORIES: Cyber-crimes against persons like harassment occur in cyberspace or through the use of cyberspace. Harassment can be sexual, racial, religious, or other. Cybercrimes against prop

Prohibition of Insider Trading

  Author: Vaishali Bhadouria, Jiwaji University    INTRODUCTION  People who are in the management of the company or are close to them on the basis of undisclosed price sensitive information regarding the working of the company, which they possess but which is not available to others. Insider Trading generally means trading in the shares of a company by the concept of Insider Trading in India started fermenting in the 80’s and 90’s and came to be known and observed extensively in the Indian Securities market. The rapidly advancing Indian securities market needed a more comprehensive legislation to regulate the practice of Insider Trading, thus relating in the were amended in the year 2002 after the discrepancies observed in1992, regulation in the cases like Hindustan levers ltd. V. SEBI, Rakesh Agarwal V. SEBI, etc. to remove the lacunae existing in the regulations of 1992. The amendment in 2005 came to be known as the SEBI (Prohibition of Insider Trading) Regulations, 2005. Insider Tra

Legislative Protection of Intellectual Property Rights in India

  Author: Pranshul Jain, National Law Institute University, Bhopal Introduction :- In India, there are several legislations that relate to the Protection of Intellectual Property Rights of any legal entity. These laws are made to protect their legal rights towards their ideas related to their profession and the developments made by them through their own mindful ideas. This idea is propounded through the end of the nineteenth century, new creative manufacturing methods had enabled large-scale industrialization, which was accompanied by rapid rapid urbanisation, capital investment, railway network expansion, and nationalism, prompting many countries to adopt contemporary Intellectual Property laws. With the formation of the Paris Convention for the Protection of Industrial Property in 1883 and the Berne Convention for the Protection of Literary and Artistic Works in 1886, the International Intellectual Property system began to take shape at this time.  Indian Perspective of IPR :- In In