Enforcement of Contract in India
Contracts are essential for any business activity, as they define the rights and obligations of the parties involved in a transaction. However, contracts are only as good as their enforceability, which depends on the legal system and the dispute resolution mechanism available in a country. In this blog post, we will discuss the current state of contract enforcement in India, the challenges faced by businesses and investors, and the possible ways to improve it.
The Commercial Courts Act, 2015 was enacted to provide speedy and efficient resolution of commercial disputes in India. The Act established commercial courts, commercial divisions and commercial appellate divisions in various states and high courts. However, the Act also recognized the importance of alternative dispute resolution mechanisms, such as mediation, for settling commercial disputes amicably and expeditiously.
In 2018, the Act was amended to introduce Section 12A, which made pre-ins…
If you are a borrower who has taken a secured loan from a bank or a financial institution, you may be aware of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). This act empowers the lenders to recover their dues by taking possession of the collateral property without the intervention of any court, in case of default by the borrower.
However, this does not mean that the borrower has no rights or remedies to defend himself …
Trademark Rectification and Cancellation Process
If you have a registered trademark in India, you may wonder what are the circumstances under which you can modify or remove it from the register of trademarks. In this blog post, we will explain the process of trademark rectification and cancellation, as well as the grounds and reasons for doing so.
What is trademark rectification?
Trademark rectification is the correction of an error or omission made in the trademark application as recor…
Webinar by Senior Advocate Shri Saurabh Soparkar on "Force Majeure"
21.04.2020
Ahmedabad
Senior Advocate Shri Saurabh Soparkar today took a Webinar for members of Gujarat High Court Advocate Association on the Topic "Force Majeure - Issues and Concept". It was a wonderful webinar and covered various issues including the impact of Force Majeure in the times of Covid19 Pandemic. He also discussed the impact of Lock Downs on various contracts including contracts of Rent and Lease.
It was a wo…
This Act provides for the Right to Information to Citizens and also the machinery to ensure that the citizens get the information as sought under this act. Objective of the Act is to hold Government and its Instrumentality accountable to govern and to ensure transparency and informed citizenry which is important for any Democracy to become Stronger.
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Lecture Delivered to Students of Faculty of Law, Marwadi University, Rajkot via Zoom Video Conferencing. The topic was Consumer Protection Laws in India. Was a wonderful experience.
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Arbitration is an alternative disputes resolution (ADR) mechanism which is adversarial in nature. However, the court is not deciding on the disputes between the parties and it is left to the arbitrator appointed by parties themselves or Chief Justice of High Court/ Supreme Court to decide on the disputes amongst the parties.
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The Prevention of Corruption Act 1988 a legislation intended to bring about change in governance system to make it corruption free had its own failures on accounts of limitations within the law as well as on account of liberal judicial pronouncements which led to dilution of the intention of legislature. However in 2018 with Prevention of Corruption Amendment Act 2018 the legislature reiterated its resolve to not allow any time of corruption and decided to make the law strong enough to dea…
JUSTICE has been defined in many ways by different authors. But these definitions are just notions as justice cannot be defined in some particular pattern. You cannot identify the justice by some color, caste, creed, race, religion, region, method or otherwise. It is just to be “JUST” and to be “JUST” is to appear “RIGHTEOUS” and “EQUITABLE”. So Justice is an appearance, and as other appearances, you may like it or not, it exists in different ways.
We say one person is jus…
Trade Mark Registries:
In India the Trade Mark Filing is done under the provisions of Trade Marks Act 1999. The Administration of the Trade Marks in India is the duty of the Registry established under the Act. Presently there are 5 Offices of Trade Mark Registry in India for different jurisdiction. The Details are given at the end of the Article.
Procedure for Application:
The person claiming to be the proprietor of the Trademark may file an application requesting the registration of th…
The Parliament today debated the Censure Motion Introduced by Shri Sharad Yadav and Smt. Sushma Swaraj, against the members of Team Anna, alleging that they acted in a manner, derogatory to the parliament and the members of parliament. All the parliamentarians spoke of the Sanctity of the Institution and the Privileges of the House and its members.
It was like a re-run of the debate of the Lokpal and Lokayuktas Bill 2011, where whole house was busy in praising the institution of Parliament…
Supreme Court of India on 02.03.2012 Granted Bail to Shri Vijay Arjunbhai Rathod who is stated to be witness in the Sohrabuddin Encounter Case but was in jail as he was made accused on application of the other original accused persons in the case. Earlier also State CID had made him witness in the case but the other accused persons in the case approached the Sessions court which made a reference to the Hon'ble Gujarat High Court. The Hon'ble Gujarat High Court while answering the reference direc…
Negotiable Instruments Act 1881, is the act dealing with the negotiable instruments in India. The act provides for all the different types of Negotiable Instruments such as Promissory note, Hundis, Bill of exchange and Cheques. The instruments have some commercial value which is its face value or lesser which is called discount. These instruments can be traded till date of it becoming due and this is done at the discounted price. The person who issues is called drawer and the person in whose na…
Advocate as a profession is having many authorities and responsibilities attached to it. You have many privileges. But when it comes to disputes in the marriages, the "Divorce Lawyers" are most sought after. Have you heard about a Marriage Lawyer in India? The answer will be most probably no (except the lawyers are consulted when the couples elope for marriage). Lawyers are not consulted for Marriages they are only consulted for facilitation or registration of marriage. The marriage is a leap of…
The Lokpal Bill was passed by the Loksabha on 27.12.2011 and thereafter was placed before Rajya Sabha on 29.12.2011. Though the same was easily passed by the Lok Sabha, it was prima-facie a difficult task for the Government to get it passed from Rajyasabha. The UPA Government knew that it didn't have much majority in the Rajyasabha but still the debate on the bill started. Later it was in the news that more than 187 amendments have been moved by the opposition and the allies of the government. …
