Category: Trade

Burden of proof:Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. Image Source: 3.bp.blogspot.com ADVERTISEMENTS: When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.Illustrations: (a) A desires a Court to give judgment that  shall be punished for a crime which A says  has committed.A must prove that  has committed the crime. ADVERTISEMENTS: (b) A desires a Court to give judgment that he is entitled to certain land in the possession of B, by reason of facts which be asserts, and which  denies, to be true.A must prove the existence of those…

Legal provisions regarding sentences which Magistrates may pass under Section 59 of the Juvenile Justice (Care and Protection of Children) Act, 2000.(1) When a juvenile or the child is kept in a children’s home or special home and on a report of a probation officer or social worker or of Government or a voluntary organization, as the case may be, the competent authority may consider, the release of such juvenile or the child permitting him to live with his parent or guardian or under the supervision of any authorized person named in the order, willing to receive and take charge of the juvenile or the child to educate and train him for some useful trade or calling or to look after him for rehabilitation. Image Source: adeca.alabama.gov ADVERTISEMENTS: (2) The…

Section 36 of the Specific Relief Act, 1963 Provides that: 1. Actio personalis moritur cum persona: Section 306 of the Indian Succession Act expresses a qualification of the maxim ‘actio personalis moritur cum persona’ to the extent that the section indicates that amongst cause of actions of a personal nature, that it to say, personal actions other than those expressly excluded by the section itself, survives. Image Source: pastorjoncannon.files.wordpress.com 2. Actio personalis moritur: ADVERTISEMENTS: The maxim “actio personalis moritur” in a limited class of actions ex delicto such as actions for damages for defa­mation, assault or other personal injuries not causing the death of the party and in other actions, where after the death of the party, the relief granted could not be enjoyed or granting it would be nugatory.…

Section 37 of the Specific Relief Act, 1963 Provides that: 1. Ad interim injunction: The principles in relation to grant of an ad interim injunction are as under: ADVERTISEMENTS: As a principle, ex parte injunction could be granted only under exceptional circumstances. The factors which should weigh with the Court in the grant of ex parte injunction are:(a) Whether irreparable or serious mischief will ensue to the plain­tiff; Image Source: newngrguardiannewscom.c.presscdn.com/(b) Whether the refusal of ex parte injunction would involve greater injustice than the grant of it would involve;(c) The Court will also consider the time at which the plaintiff first had notice of the act complained so that the making of improper order against a party in his absence is prevented: ADVERTISEMENTS: (d) The Court will consider whether the…

Essay on Concentration!Concentration signifies the state of being at a centre (con and centrum). Applied to thought, it is the act of bringing the mind to a single point. Each human being must practise concentration subjectively and objectively. In other words, each human being aims with more or less precision at concentration on a point within and a point without his own world. Concentration “without” is illustrated when you devote all your attention upon Nature, such as learning a trade, a profession, a science, an art or some form of business. This is Evolution, outgoing or positive mental energy. I shall call this Objective Concentration. Concentration “within” implies the withdrawing of attention from the external world and the placing of mind on “God,” “Spirit,” “Heaven,” “Religion,” “Peace,” “Nirvana,” “Eternity,” etc.…

Paris Convention is the most basic and important multilateral convention relating to intellectual property, including trademarks, of which India is a member. It defined the meaning and scope of industrial property rights protection and established basic principles and rules.Trademark has a substantial role in the competitive market and has a remarkable intellectual value which needs to be protected. The recognition and protection of intellectual property rights is considered to be of recent origin.But the instances given in this Article would trace its Origin right from the period of the Ancient Classical Greek and The Imperial Rome. ADVERTISEMENTS: During the course of time, the nations all over the world have recognized the importance of intellectual property rights due to its immense economic values and have enacted laws towards protecting them.The Agreement…

If the trade mark is a registrable one the best way to protect it is by registration. Infringement of the mark can be easily established.If the infringing mark is identical and the goods covered by registration, the success in an action” for infringement is almost certain unless the registration can be attacked on the ground of invalidity of registration or the defendant could establish honest concurrent user, or acquiescence on the part of the registered proprietor, or prior user, if the marks are not identical but only similar then the plaintiff will have to establish that the defendants’ mark is deceptively similar, that is to say, the similarity is such as to be likely to deceive or cause confusion which is a proposition not easy to establish.Ultimately the question of…

7 Most Important Difference between a bill of exchange and a Hundi are listed below:1. Bills of exchange are instruments which are generally drawn up in the English language, whereas Hundis are bills of exchange or promissory notes drawn up in an oriental language.2. Bills of exchange are governed by the provisions of the Negotiable Instruments Act. Hundis are governed, as a rule, not by the Act, but by local usages and customs of trade. The Act applies only in the absence of local usage or custom, or when expressly made applicable, by a writing to that effect, on the hundi. ADVERTISEMENTS: 3. Acceptance by the drawee is written on the bill of exchange. As a rule, acceptance on the hundi is not written, but only the particulars of the…

Modern economy is a money economy. Money is used in the process of exchange and it has removed the difficulties of barter system. As we know money acts as a medium of exchange.In an economy, households supply factors to the firms (producing units). Finns pay for the use of factors. So households receive payments from firms for their services in terms of money.So in money economy there is a flow of productive resources or factors and there is a flow of money corresponding to the flow of economic resources (or factors) and flow of goods and services produced by economic resources. Circular Flow of Income in a Two Sector Economy: ADVERTISEMENTS: As we know resources like land, labour, capital and entrepreneurial ability flow from households to firms, the producing units.…