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COMPANY AS AN ARTIFICIAL PERSON – A STUDY ON OPPORTUNITIES AND OBSTACLES FACED

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1. INTRODUCTION The word ‘company’ is derived from the Latin word ‘companis’ (com = with or together; panis = bread), and originally referred to an association of persons who took their meals together. Today a company is widely understood as an entity which manufactures, produces and/or provides some type of goods or services to their …

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TRIPS AGREEMENT – Waiving Off: An Explicit Example.

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Introduction The COVID-19 pandemic has had an effect on people and organizations all around the world. The pandemic is also having an effect on the security of established intellectual property rights (‘IPRs’) as well as IPRs that are being contemplated for protection. Although IPR holders are normally given immunity from third-party use of their intellectual …

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PRENUPTIAL AGREEMENTS: A CRITICAL ANALYSIS

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Introduction A prenuptial arrangement, also known as an antenuptial agreement or premarital agreement, is an arrangement entered into between the parties agreeing to marry prior to their marriage or legal contract[1].  A prenuptial agreement’s content varies but it usually contains clauses for property partition and spousal aid in the case of divorce or dissolution of marriage. …

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Overview of Consumer Protection Act 2019, Amendments made to the act and its effect.

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Abstract The Indian Consumer Protection Act, 1986, which was enacted to provide timely relief to consumers who were affected by defective products or poor service, as well as provide both a legal and institutional framework for the protection of consumer rights, has been criticised for being ineffective on some fronts. On the other side, the …

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Cyber Defamation

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Introduction: India has evolved into a digital nation. While digital working has aided individuals in digitizing their labour, it has also given a new face to crime, which now embraces a variety of methods to conduct crime throughout the world. One of the most hazardous weapons for attempting a crime on the internet is “Cyber-crime”.  …

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Rule of Election

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ABSTRACT: This article deals with the concept of the rule of election enshrined in Section 35 of the Transfer of Property Act, 1882 and explains the various shades that are involved in the principle by using different landmark judgments. The conditions which are essential for the election by the original owner to take place has …

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Procedure and Protection of IPR in Mergers and Acquisitions.

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Introduction Mergers and acquisitions (M&A) refers to transactions between two companies combining in some form. Although mergers and acquisitions (M&A) are used interchangeably, they come with different legal meanings. In a merger, two companies of similar size combine to form a new single entity. On the other hand, an acquisition is when a larger company …

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