Blogs
Landmark Judgments on Disability Rights in India
-Arushi Singh
On the International Day of Persons with Disabilities, we list down the judgments that defined the jurisprudence on disability rights in India.
Jurisprudence on Bail in India: Glance through Bharatiya Nagarik Suraksha Sanhita, 2023
-Arushi Singh, Atul Nagarajan
Bail is a complex area of law that strives to seek a balance between rights of the accused and interest of justice and completely based on the judicial discretion of the courts . The legal framework, along with judicial interpretations, have worked to establish guidelines for granting or denying bail. However, courts have also emphasized that no single factor or circumstance can solely determine whether bail should be granted or refused. Thus, the jurisprudence on bail has continued to evolve, reflecting changes in judicial perspectives.
Thom Browne vs. Adidas: Four Stripes Are Not the Same as Three – Key Takeaways from the German Court’s Ruling
-Leon Katona-Lukic
In a recent legal dispute between the sportswear giant Adidas and fashion label Thom Browne, it became clear that not every stripe design on clothing constitutes a trademark infringement. Adidas filed a lawsuit. However, the Regional Court of Nuremberg-Fürth in Germany (Judgment of 06.09.2024, Case No. 4 HK O 8208/21) disagreed and dismissed the lawsuit.
This case illustrates that the assessment of trademark infringement heavily depends on the specific circumstances, particularly the distinctiveness of the trademark and the level of attention of the target audience.
Inter-country Adoption Vis-a-vis Intra-family Adoptions
-K. Pallavi, Lavanya Regunathan Fischer
CARA has formulated regulations in Chapter VIII of CARA Regulations 2022 with respect to adoptions as per Hindu Adoption and Maintenance Act. However, even in the revised process the PAPs have to go through the entire process of CARA and foreign agencies as set out in Hague.
Power of Attorney in legal proceedings: Legal provisions ensuring foreign companies hold equal standing without physical presence
-Nazmeen Ahmed
Foreign companies can now manage their legal affairs in India without the need for physical presence, owing to the authority conferred by the Power of Attorney (PoA). This legal instrument allows a foreign entity to appoint a representative in India, who can act on their behalf in legal proceedings, ensuring compliance with Indian laws.
Note on ‘Mrinal Barik v. The State of West Bengal & Ors.
-Disha Girish Daga
Calcutta High Court directs 1% reservation for transgender persons in matters of public employment in West Bengal.
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