Lawyersadvice

In today’s time, a brand is synomous with a trademark as a recalling or recognizable sign, like the cursive “M” logo instantly is associated with the Mcdonalds franchisee or the olden “V on W” logo for Volkswagen. The need for exclusive association requires a legal framework with penalties and provisions for enforcing exclusivity and associations. A well-known Trademark in relation to any goods or services means a mark that has become synonymous to the substantial segment of the public, which uses such goods or receives such services such that the use of such a mark in relation to other goods

The Section 24 of Hindu Marriage Act 1955 deals with Maintenance pendente lite and expenses of proceedings. The section provides for the payment of the alimony from the other spouse in condition that the other has no significant or independent means to support themselves. The section also stipulates the payment of such sum on an monthly basis from elapsement of sixty (60) days from the date of service of the notice on the spouse.

After a public consultation process and recommendations from a joint committee of Parliament, both houses of Parliament have now passed the Insolvency and Bankruptcy Code, 2016. Under the existing legal framework, the primary onus to initiate a resolution process lies with the debtor, and creditor may pursue separate actions for recovery, security enforcement and debt restructuring.

The professional team of Advocates & Lawyers of My Lawyers Advice are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”.

The professional team of Advocates & Lawyers of My Lawyers Advice are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”.

In the background of recent security breaches and computer databases hacks the protection of databases assumes utmost priority. The loss of data or its derivatives could lead to data hacks, personal data misuse, illegal financial transactions and abuse of the data for ulterior motives.

Under the present laws, personal data can only be gathered legally under strict conditions, for a legitimate purpose.

The professional team of Advocates & Lawyers of My Lawyers Advice has been dealing with numerous Startups and been rendering their legal advice to them. Startups have become the go-to option to start any business, however, they are not prepared for the challenges which has become the cause for their failure. One of the biggest challenges faced is in identifying the right business structure. The necessary legal compliances depend on the structure of the business, further the business structure must be compatible with the business that is ought to be conducted. Once the business structure is id

In the era of cyber world as the usage of computers became more popular, there was expansion in the growth of technology as well. The evolution of Information Technology gave birth to the cyber space wherein internet provides equal opportunities to all the people to access any information, data storage, analyse etc. with the use of high technology. Due to increase in the number of people using internet and new forms of technology, its misuse in the cyberspace was clutching up which gave birth to cyber crimes at the domestic and international level as well.

The Insolvency and Bankruptcy Code, 2016 (IBC) was passed by the Parliament on 11th May 2016, received Presidential assent on 28th May 2016 and was notified in the official gazette on the same day. IBC is a welcome overhaul of the existing framework dealing with insolvency of corporates, individuals, partnerships and other entities. It paves the way for much needed reforms while focusing on creditor driven insolvency resolution.

Marriage is a socially or ritually recognised union between spouses that establishes rights and obligations between those spouses, as well as between them and any resulting biological or adopted children and among in-laws and other family through marriage. It is the voluntary union for life of one man and one woman to the exclusion of all others.

According of Mariam-Webster dictionary, an ombudsman is a government official appointed to receive and investigate complaints made by individuals against abuses or capricious acts of public officials. An Ombudsman is an authority who is empowered to investigate individual complaints against public authorities, departments, etc. The government of India has designated several Ombudsmen (sometimes-called Chief Vigilance Officer or CVO) for the redressal of grievances and complaints from individuals in the banking, insurance and other sectors being serviced

The concept of privacy has been recognized as a right and emphasized by the various authorities and the Court from Kharak Singh to recent decisions. But the compilation of the data involving personal data is a complex affair involving provisions from the various applicable laws and statutes. The need of the hour demands protection, privacy and proper upkeep of all its usage in various forms.

Copyleft is a type of license agreement allowing the licensor or the user the legal liberty to use, modify, extend and redistribute a creative work and all its derivative works or forms (i.e. works based on or derived from it) against the popular mode of restrictive or condition licensing.


The copyright holder grants permission to the public including anyone who may want to utilize the work to copy and redistribute it in the same or in a modified form with the conditions that all such redistributions make the work available in a form that facilitates further modification and use the same

When a valid sale of a property takes place, it comes with certain compliances. For a valid sale of property, it must come with a valid sale deed or agreement and in order to give such sale deed a valid essence, it must be registered as per the Registrations Act, 1908. The registration of sale and purchase of immovable property is mandatory and ensures conservation of evidence, prevention of fraud and assurance of title. As per the Section 17 of the Registrations Act, 1908, all transactions involving sale of an immovable property for a value exceeding Rs. 100, should be registered.

Sale of immovable property has been defined as a transfer of ownership in exchange for a price paid or promised or partly paid or partly promised under Section 54 of the Transfer of Property Act OF 1882.

For a sale to be a valid sale, it must cover the essential elements as prescribed under Section 54 of the Transfer of Property Act 1882. These elements are as follows:-

Parties- In a sale, there has to be a buyer and a seller. Both of these parties must be competent to enter into a contract as per the Indian Contract Act.
Subject Matter- The subject matter of sale deed should be immova

The procedure and regulation for acquisition and transfer of immovable property by Non-Resident Indians (NRIs) is governed by Foreign Exchange Management Act, 1999 (FEMA). The Reserve Bank of India has been empowered under Foreign Exchange Management Act, 1999 (FEMA) to frame regulations for restricting, prohibiting and regulating the acquisition or transfer of immovable property in India by Non- Resident Indians.

The Section 138 Negotiable Instruments Act of 1881 creates penalty for matters in which holder has drawn a cheque in favour of drawee with insufficient funds to his corresponding account. However, there can be instances where such holder of cheque has not intentionally acted in such a manner.




Section 139 of Negotiable Instrument Act provides for presumption in favour of the holder that the cheque was issued for discharging an antecedent liability and presumption can be rebutted only by the person who drew the cheque. Hence, an accused under Section 138 matter can defend itself under

The Section 143 of the Negotiable Instrument Act of 1881, specifically provides for all offences under the chapter to be tried by Judicial Magistrate of First Class or Metropolitan Magistrate in accordance with summary trial provisions of Section 262 to Section 265 of Code of Criminal Procedure. It provides that in case of Section 138 of the Act, the Magistrate is empowered to pass a sentence up to one year imprisonment.

Advent of cheques has given market a new dimension to corporate and commercial world for transaction. People prefer carrying and execute small piece of paper called cheque than carrying the currency worth the value of cheque. But, there is certain Section of society that intends to execute a cheque without having an intention to honor it. Prior to 1988, no legal provision existed which restrained people from issuing cheques without sufficient funds in their accounts or punishes them in event of the same.

The professional team of Advocates & Lawyers of My Lawyers Advice are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”.