This is Harish Khan, Enrolled as an Advocate with the Bar Council of Delhi. Currently, working as Legal Manager at Blackbull Law House. Pursued B.B.A. LL.B (Hons) Specialised in Business Laws from Hi
Guardianship and parental rights form a foundational aspect of family law, emphasizing the welfare of the child as the primary concern. Guided by principles like those in the Children Act 1989 in the UK and the Guardians and Wards Act, 1890 in India, decisions surrounding a child’s welfare prioritiz
Deceptive similarity in trademark law refers to the likelihood of consumer confusion between two trademarks that are not identical but resemble each other closely. Defined under Section 2(1)(h) of the Trade Marks Act, 1999, it emphasizes that a mark can be considered deceptively similar if it is lik
Iddat, in Islamic law, is a waiting period a Muslim woman must observe after divorce or her husband’s death before remarrying. It serves to confirm paternity, allows for emotional healing, and respects societal norms. Duration varies: four months and ten days after a husband’s death, or three menstr
Faskh, or judicial divorce in Muslim law, enables a wife to seek marriage dissolution through specific grounds under the Dissolution of Muslim Marriages Act, 1939. Unlike a husband’s unilateral divorce power, faskh provides women recourse based on the husband’s absence, failure to maintain, imprison
The concept of dower (mahr) in Muslim law represents a mandatory sum or property the husband promises to provide to the wife upon marriage. Unlike a dowry, dower is a legal entitlement for the wife and remains valid even if unspecified at marriage. Dower can be classified as specified or proper, pro
The Hindu Adoption and Maintenance Act, 1956 (HAMA), obligates Hindus to provide for the maintenance of their children, including illegitimate ones, and their aged or infirm parents. Under Section 20, this duty extends to ensuring the provision of basic needs like food, clothing, and education. Both
Spousal maintenance under Hindu law is governed by the Hindu Marriage Act, 1955, Hindu Adoptions and Maintenance Act, 1956, and the Criminal Procedure Code, 1973. Both interim and permanent maintenance can be claimed by either spouse, with specific provisions for a wife under CrPC and HAMA. Courts c
The process of trademark registration in India, governed by the Trade Marks Act, 1999, involves several key steps to protect a brand’s identity. Any person claiming to be the proprietor of a trademark can apply for registration with the Registrar. Upon acceptance, the application is advertised for p
Passing off is a legal remedy under common law that protects the goodwill of unregistered trademarks from being misrepresented by others. It occurs when one party falsely represents their goods or services as those of another, causing consumer confusion. Under Indian law, passing off is actionable e
Dowry and Stridhan, though both associated with marriage, are fundamentally distinct. Stridhan refers to a woman’s voluntary property rights, including gifts she receives, over which she has complete ownership. In contrast, dowry involves a coercive demand from the groom’s side, often leading to fin
In Muslim law, marriage (Nikah) is a legal contract based on mutual consent (Ijab-o-Qubool) between a man and woman. It legitimizes their union and establishes rights like dower (Mehr) and inheritance. Muslim marriages can be categorized as valid (Sahih), void (Batil), or irregular (Fasid), with eac
Cruelty, as a ground for divorce under Hindu law, encompasses both physical and mental harm. It is not confined to acts of violence but extends to behaviors causing emotional distress or mental anguish. The 1976 amendment to the Hindu Marriage Act broadened its scope, focusing on the impact of the r
Under the Hindu Succession Act, 1956, if a Hindu male dies intestate, his property first devolves upon Class I heirs, including the deceased’s sons, daughters, widow, and mother, who inherit equally. If no Class I heirs exist, the property passes to Class II heirs like the father, siblings, or grand
The concept of Karta in a Hindu joint family traditionally referred to the senior-most male managing the family’s affairs. However, the 2005 amendment to the Hindu Succession Act marked a shift by granting daughters equal inheritance rights. This change opened the door for women to assume the role o
Family courts in India, established under the Family Courts Act, 1984, provide a specialized forum for resolving disputes related to marriage, divorce, child custody, and maintenance. Their main goal is to promote reconciliation and settlement, particularly focusing on the welfare of women and child
The concept of irretrievable breakdown of marriage refers to a situation where the marriage has failed beyond repair, with no hope of reconciliation. While not explicitly recognized under the Hindu Marriage Act, 1955, Indian courts have acknowledged this principle in cases like Naveen Kohli v. Neelu
The Doctrine of Pious Obligation in Hindu law mandates male descendants—sons, grandsons, and great-grandsons—to settle their ancestors’ debts, reflecting a moral duty rooted in ancient scriptures. This obligation pertains only to lawful debts, excluding those arising from immoral activities. The doc
The Hindu Marriage Act, 1955, governs Hindu marriages in India, outlining essential conditions for validity. These include monogamy, mental capacity, minimum age (21 for men, 18 for women), and prohibitions against marrying within prohibited degrees or “sapinda” relationships. The Act also recognize
The Karta is the manager and head of a Hindu Undivided Family (HUF), traditionally the senior-most male coparcener, responsible for managing family affairs and property. He holds significant authority over financial, legal, and social matters, representing the family externally. While the Karta’s de
In Zee Telefilms Ltd. v. Sundial Communications Pvt. Ltd. (2003), the Bombay High Court ruled that while ideas themselves are not protected by copyright, the specific expression of those ideas can be. The court found that the defendant had violated the plaintiff’s confidentiality and had infringed u
In Macmillan And Company Ltd. v. K. And J. Cooper, the Bombay High Court addressed the issue of copyright infringement. The appellant’s abridged version of North’s Life of Alexander included original notes. The court ruled that while neither party’s abridgement qualified as original literary work, t
A patent is a legal right that grants inventors exclusive control over their inventions for up to 20 years, allowing them to prevent others from making, using, or selling the invention. This exclusivity is intended to encourage innovation by providing financial incentives. Patentees must disclose th
In the digital age, domain names have emerged as vital business assets, often functioning similarly to trademarks by distinguishing a brand’s online presence. They play a key role in business strategy and goodwill. However, issues like cybersquatting, where malicious parties exploit trademarked name
In Feist Publications, Inc. v. Rural Telephone Service Co., the U.S. Supreme Court held that Rural’s white pages directory was not eligible for copyright protection because it lacked originality. The Court ruled that copyright applies only to works with a minimum level of creativity, rejecting the “