Anish Sinha

What is the art of drafting pleadings, and how can it contribute to effective civil litigation?
lex-o-pedia
Anish Sinha
What is the art of drafting pleadings, and how can it contribute to effective civil litigation?
Pleadings are written statements in civil cases outlining facts, claims, and defenses. They help clarify issues, guide the court, and ensure transparency, forming the basis for an organized and fair trial.
How are the constitution, procedure, and objectives of the Central Consumer Protection Council defined?
lex-o-pedia
Anish Sinha
How are the constitution, procedure, and objectives of the Central Consumer Protection Council defined?
The Central Consumer Protection Council (CCPC) in India safeguards consumer rights, promotes fair practices, and advises on policies. It fosters consumer safety, education, and ethical business practices nationwide.
The Doctrines of Res-Judicata and Res-Sub Judice
lex-o-pedia
Anish Sinha
The Doctrines of Res-Judicata and Res-Sub Judice
The doctrines of Res-Judicata and Res-Sub Judice are essential in preventing redundant litigation and ensuring judicial efficiency. Res-Judicata, under Section 11 of the CPC, bars re-litigation of an issue already settled between the same parties. In contrast, Res-Sub Judice, under Section 10, preve
The Concept of Negligence under Law of Torts
lex-o-pedia
Anish Sinha
The Concept of Negligence under Law of Torts
Negligence in tort law addresses failures to exercise reasonable care, leading to harm. Established by the landmark case Donoghue v. Stevenson, which introduced the “neighbor principle,” negligence requires proof of duty, breach, causation, and damages. In India, cases like Indian Medical Associatio
Understanding the Public Liability Insurance Act, 1991: Ensuring Accountability and Compensation
lex-o-pedia
Anish Sinha
Understanding the Public Liability Insurance Act, 1991: Ensuring Accountability and Compensation
The Public Liability Insurance Act, 1991, safeguards individuals and communities from the risks of hazardous industrial activities. Prompted by the Bhopal Gas Tragedy, this Act mandates insurance coverage for industries handling dangerous substances, ensuring swift compensation for victims of indust
The Concept of Summons and Discovery in Civil Law
lex-o-pedia
Anish Sinha
The Concept of Summons and Discovery in Civil Law
Summons and discovery are essential components of civil litigation that ensure fairness and transparency in the legal process. A summons is a formal notice issued to inform a party of legal action and compel their presence in court. Discovery, on the other hand, facilitates the exchange of relevant
Parties to Suit, Frames of Suit, and Pleadings in Civil Procedure
lex-o-pedia
Anish Sinha
Parties to Suit, Frames of Suit, and Pleadings in Civil Procedure
Civil litigation involves identifying the correct parties, framing the suit properly, and drafting precise pleadings. Parties to a suit, such as plaintiffs and defendants, must have a direct interest in the dispute. Proper framing of the suit ensures all claims and parties are aligned, avoiding proc
Grounds for Divorce under Hindu Law
lex-o-pedia
Anish Sinha
Grounds for Divorce under Hindu Law
The Hindu Marriage Act of 1955 codified marriage and divorce among Hindus, outlining key grounds such as cruelty, adultery, desertion, and mental disorder. Sections 13 and 13B provide a structured legal basis for individuals seeking divorce, ensuring protection for both parties. Landmark cases like
Contract of Sale v/s Contract for Sale
lex-o-pedia
Anish Sinha
Contract of Sale v/s Contract for Sale
In Indian law, a “Contract of Sale” involves the immediate transfer of ownership of goods for a price, while a “Contract for Sale” refers to an agreement to transfer ownership at a future date, contingent on specific conditions. The key difference lies in the timing of the ownership transfer and the
Hindu Joint Family v/s Coparcenary: Meaning, Characteristics & Key Distinctions (Hindu Law)
lex-o-pedia
Anish Sinha
Hindu Joint Family v/s Coparcenary: Meaning, Characteristics & Key Distinctions (Hindu Law)
The Hindu Joint Family and Coparcenary are fundamental concepts in Hindu law regarding family structure and property rights. The Hindu Joint Family includes all lineal descendants from a common ancestor, encompassing both males and females, and operates under a Karta, typically the eldest male. In c
The Intersection of Business Law and Trade Secrets: Navigating Legal Challenges
lex-o-pedia
Anish Sinha
The Intersection of Business Law and Trade Secrets: Navigating Legal Challenges
Trade secrets are a vital part of business law, providing companies with a competitive edge through confidential information such as formulas, processes, and customer lists. In India, trade secrets lack dedicated statutory protection but are safeguarded under the Indian Contract Act, 1872, and commo
Adultery as a Legal Ground for Divorce under Hindu Law
lex-o-pedia
Anish Sinha
Adultery as a Legal Ground for Divorce under Hindu Law
Adultery remains a significant ground for divorce under the Hindu Marriage Act, 1955, where a spouse can seek divorce if the other engages in voluntary sexual intercourse outside the marriage. Although adultery is no longer a criminal offense following the landmark Joseph Shine v. Union of India jud
Understanding Cybersquatting and Trademark Infringement: Legal Challenges and Remedies
lex-o-pedia
Anish Sinha
Understanding Cybersquatting and Trademark Infringement: Legal Challenges and Remedies
Cybersquatting involves registering domain names similar to trademarks with the intent to profit, posing a threat to brand owners. Trademark infringement, on the other hand, is unauthorized use of a trademark, leading to consumer confusion and potential harm to the brand’s reputation. In India, the
Compulsory Licensing of Patents: A Comprehensive Overview
lex-o-pedia
Anish Sinha
Compulsory Licensing of Patents: A Comprehensive Overview
Compulsory licensing of patents is a critical mechanism that balances patent holders’ rights with public interests, especially in India. Governed by Section 84 of the Patents Act, 1970, it allows for the issuance of licenses without the patent holder’s consent under specific conditions, such as unav
Case Study: Academy of General Education Manipal v. B. Malini Mallya
case-study
Anish Sinha
Case Study: Academy of General Education Manipal v. B. Malini Mallya
In Academy of General Education Manipal v. Malini Mallya (AIR 2009 SC 1982), the Supreme Court of India affirmed Malini Mallya’s copyright over the YakshaRanga ballets created by Dr. Kota Shivarama Karanth. The Court upheld Sections 13 and 17 of the Copyright Act, 1957, establishing that Mallya, as
Case Study: Creation Records Ltd v. News Group Newspapers Ltd.
case-study
Anish Sinha
Case Study: Creation Records Ltd v. News Group Newspapers Ltd.
In Creation Records Ltd v. News Group Newspapers Ltd (1997), the High Court held that a photograph taken during a photo shoot for the band Oasis did not infringe on the copyright of the artistic props used in the scene. The court ruled that the photograph was an independent and original creation by
Novation, Alteration, and Rescission of Contracts
lex-o-pedia
Anish Sinha
Novation, Alteration, and Rescission of Contracts
Novation, alteration, and rescission are key concepts in contract law that enable flexibility in legal agreements. Novation allows for the replacement of parties or obligations, forming a new contract. Alteration modifies existing terms without terminating the original contract, while rescission can
Case Study: Diamond v. Chakraborty
case-study
Anish Sinha
Case Study: Diamond v. Chakraborty
The Diamond v. Chakraborty case marked a significant turning point in U.S. patent law, with the Supreme Court ruling that a genetically engineered bacterium is patentable under 35 U.S.C. 101. The decision affirmed that human-made living organisms, as products of human ingenuity, fall within the scop
Case study: University of London Press v. University Tutorial Press
case-study
Anish Sinha
Case study: University of London Press v. University Tutorial Press
The case of University of London Press v. University Tutorial Press Ltd ([1916] 2 CH 601) established that examination papers qualify as “original literary works” under copyright law. The court held that originality in copyright does not require novelty but involves skill, labor, and judgment in cre
Case Study: Macmillan & Company Ltd. v. Cooper
case-study
Anish Sinha
Case Study: Macmillan & Company Ltd. v. Cooper
In Macmillan & Company Ltd. v. Cooper (1924), the Bombay High Court ruled that the unauthorized publication of an abridged version of a copyrighted work constitutes copyright infringement. The court upheld the trial court’s decision, emphasizing that even an abridged version, which requires signific
Case study: Campbell v. Acuff-Rose Music, Inc.
case-study
Anish Sinha
Case study: Campbell v. Acuff-Rose Music, Inc.
Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994), is a pivotal Supreme Court case that clarified the application of fair use in copyright law, particularly concerning parodies. The Court ruled that commercial purpose does not automatically negate fair use and that a parody can be transformati
Case study: Yash Raj Films Pvt Ltd v. Sri Sai Ganesh Productions and Ors.
case-study
Anish Sinha
Case study: Yash Raj Films Pvt Ltd v. Sri Sai Ganesh Productions and Ors.
In Yash Raj Films Pvt Ltd v. Sri Sai Ganesh Productions (2019), the Delhi High Court ruled in favor of Yash Raj Films, finding that the Telugu remake “Jabardasth” was a substantial copy of the Bollywood movie “Band Baaja Baaraat.” The court emphasized that copyright protection extends beyond physica
Case Study: The Gramophone Company of India v. Super Cassette Industries Ltd.
case-study
Anish Sinha
Case Study: The Gramophone Company of India v. Super Cassette Industries Ltd.
The Gramophone Company of India v. Super Cassette Industries Ltd. case is pivotal in copyright law, particularly in the music industry. The Delhi High Court ruled that Super Cassette Industries infringed upon the copyright of Gramophone Company by producing unauthorized version recordings of their s
Kelson’s Pure theory of Law
lex-o-pedia
Anish Sinha
Kelson’s Pure theory of Law
Hans Kelsen’s Pure Theory of Law is a foundational framework in legal positivism that seeks to understand law purely as a system of norms, free from external influences like politics, morality, or social sciences. Kelsen’s approach emphasizes the hierarchical structure of legal systems, viewing law
Case Study: Rajasthan Agricultural University, Bikaner, Through its Registrar v. Dr. Zafar Singh Solanki & Ors
case-study
Anish Sinha
Case Study: Rajasthan Agricultural University, Bikaner, Through its Registrar v. Dr. Zafar Singh Solanki & Ors
The Supreme Court, in Rajasthan Agricultural University, Bikaner v. Dr. Zafar Singh Solanki & Ors., ruled that ad-hoc service as a Lecturer cannot be counted towards eligibility for the senior pay scale under the Career Advancement Scheme (CAS). The Court emphasized that CAS is a policy matter, and
Or
Powered by Lit Law
New Chat
Sources
No Sources Available
Ask AI