Articles

Alternative Dispute Resolution in India: Delving into its Concerns and Challenges

Introduction:- Arbitration, as defined in the dictionary, refers to facilitating an agreement between two parties with differing views on a particular issue. It is a vital component of the Alternative Dispute Resolution (ADR) process that allows parties to avoid the typically lengthy judicial process for dispute resolution. It is a technique employed for resolving disputes …

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Trade Secrets and Confidentiality Agreements: Protecting Business Secrets

Introduction Trade Secret A trade secret is any information having commercial value, which is not in the public domain, and for which reasonable steps have been taken to maintain its secrecy. Trade secrets refer to confidential business information that provides a company with a competitive advantage and is kept secret from competitors. Unlike patents, trademarks, …

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Doctrine of Prior Use

A sign, logo, mark that can be used to differentiate the goods or services of one company from those of other companies is referred to as a Trademark. When an organization or business registers its trademark, under Trademarks Act 1999 in accordance with Section 28, it gains the exclusive right to prohibit any other business …

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Regulating Hate Speech On Social Media Platforms: Challenges Faced By Indian Courts

Introduction Social media has revolutionized the way people communicate and exchange information all over the world. With the rise of platforms like Facebook, Twitter, and Instagram, people can communicate with individuals all over the world with just a few clicks on their smartphones or computers. However, the ease of communication has also led to the …

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Why are the mandatory provisions of the POCSO Act under challenge?

As commonly known, adolescence marks a phase of transition from childhood to adulthood. It is also accompanied by physical, emotional, and physiological changes, this formative period awakens curiosity about the world, sexuality, and independence, in ways that establish the adolescent apart from a young child and an adult. The World Health Organization and the United …

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Analysis Of Provisions For Place Of Suing Under Code Of Civil Procedure

INTRODUCTION Suits may relate to movable properties, immovable properties or even based on contracts or wrongs and so on. The term ‘place of suing’ connotes the place of trial of the suit. Under the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’), Section 15-20 deals with the provisions for determining the place of …

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The Invisible Workforce: Navigating the Legal and Ethical Challenges of Ghost Work in India

I Introduction The gig economy’s fast expansion has resulted in the rise of new types of employment, such as “ghost work,” which refers to the practice of outsourcing work to anonymous, often invisible employees via online platforms. In India, where the gig economy is growing, ghost employment is becoming more common, and businesses are exploiting technology …

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Personality Rights

Personality rights are a person’s rights to safeguard their identity under the guise of their right to privacy or property.  Well-known personalities or celebrities have a legitimate interest in protecting these rights because it is relatively straightforward for different businesses to make improper use of their names, photographs, or even voices in a variety of …

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Analysis Of Expulsion Of Membership Under Maharashtra Co-operative Societies Act, 1960

INTRODUCTION Co-operative Societies is the association of individuals who in pursuit of mutual interest and common objectives, work together and provide support to their members to promote economic interest. The Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as ‘MCS Act, 1960’), enacted in accordance with the Article 43B, Directive Principles of State Policy of …

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