About the Organization:

Team Attorneylex is an online platform for law students where they can contribute their legal knowledge and get recognized for their contribution. We aim to guide the law students in their legal research, content writing, case analysis, read or understand the judgments passed by the courts, etc. because we believe that these things are an essential part of the legal profession. Along with the other activities the endeavor is to deliver legal help to the sectors of society which are unable to access existing legal services due to illiteracy and poor economic conditions.

About the Competition:

Team Attorneylex is organising its 6th National Article writing competition for all those who want to show their research and writing skills and are not able to find the perfect stage; here, we are giving them a chance to show their talent.


Any Contemporary Legal Issue.


Any enrolled student of school/ university/ college, graduate/postgraduates, academicians, advocates, and anyone who can express through the words.


English or Hindi.

The Submission Guidelines Are:

  • Word Limit – 1500 – 2000 (inclusive of footnotes)
  • Co-authorship is allowed (maximum two co-authors)
  • All submission must be sent at submission@teamattorneylex.in
  • The subject of the email should be “Submission: Article Writing Competition.”
  • Write-up must be original and unpublished.
  • Submissions with plagiarised content and copyright issues will be rejected outrightly.
  • The decision of the judges shall be final and binding.
  • Font Size -12
  • Font Style – Times New Roman
  • Citation – 19th Bluebook
  • The submission shall also be accompanied by another Word document consisting of a Cover
  • Letter mentioning the Name of the Author/s; Name of the Institution/College/University;
  • Designation; Year of Study (if applicable); Email ID.

Registration Fees

  • Single Author – 100/-( Early bird offer Rs.80, till 15th March )
  • Two Authors – 150/- ( Early bird offer Rs.130, till 15th March )
  • Three Authors- 200/-( Early bird offer Rs.180, till 15th March )

Important Dates:

  • Last date of payment and registration: March 22, 2021
  • Last date of submission: 11:59 PM, March 23, 2021
  • Declaration of Results: 28 March 2021


  • Winner: Cash prize Rs. 2000/- + Certificate of Merit + Free Article publication on the website/Journal + Online Internship opportunity with the Team Attorneylex.
  • Runner up: Cash prize Rs. 1000/- + Certificate of Merit + Free Article publication on the website/Journal + Online Internship Opportunity with Team Attorneylex.
  • Top 10 Performers: Certificate of Merit + Free Article publication on the
  • website/Journal + Online Internship Opportunity with Team Attorneylex.
  • E – participation Certificate will be provided to all the participants.

Payments details:

Paytm/ G-pay/Phonepe- 9616696008 (Gaurav yadav)
Bhim UPI- 9616696008@upi
Bank details-
Name- Gaurav Yadav
Bank – Punjab National Bank
Account Number- 03842193000248
IFSC Code- PUNB0018300

Registration Link:

Click here to register:

Website Link:


Contact Information:

If you have any queries feel free to contact
Vanshika – 07055460463
Gaurav – 09616696008

Email- contact@teamattorneylex.in

Visit us for more such opportunities: http://lexpeeps.in/

MediateGuru’s International Webinar on Mediation and Litigation –  Best friends or Just Casual Acquaintances?


Kindly fill up the Registration form by clicking below ?http://bit.ly/3bwYTCA

About the Speaker:

Mr. Andrew Miller QC

▪️Andrew Miller QC has over 30 years of experience of dealing with and resolving commercial disputes both domestically and internationally. 

▪️He now practices as a Mediator and Arbitrator in a wide range of commercial sectors, including in the areas of construction, energy, property damage, insurance and reinsurance and professional negligence. 

▪️Andrew has mediated disputes in the UK, France, Spain, Germany, Lithuania, Turkey, Canada, USA, India and the Philippines. 

▪️Andrew is the current NMA Civil & Commercial Mediator of the Year 2020/21. 

Note: E-Certificate will be provided to participants who will fill the attendance form at the end of the session. 

Date and Timings:

The Webinar will be conducted on 14th March, 2021.4 PM IST | 10:30 AM GMT

Registration Fees:

Kindly note there is no registration fee for the webinar. 

Contact info:

For any query mail us: admin@mediateguru.com 

Event Coordinator:

Ms. Garima Rana+91 8800 474 226

Visit us for more such opportunities: http://lexpeeps.in/


Being Lawgical

Being Lawgical is a student run platform that started in the year 2020, with the main aim to spread legal awareness relating to all socio-legal contemporary issues. We aim to provide a platform that can make learning about law simple and fun.

Being Lawgical focuses on encouraging students, professionals, members of academia to share, enhance, learn and explore their knowledge of law in every way possible.

JLSR Journal

Journal for Law Students and Researchers (JLSR), envisions to empower the individuals of tomorrow to advance and learn from the theoretical and practical aspects of the contemporary law today. Law as a field, is a predominantly present in the lives of people in society, and as such its discourse and dissemination are requisite in a proper forum today. Journal for Law Students and Researchers (JSLR), therefore, acts as a platform for the researchers and students, along with academicians to publish their research on contemporary issues of the law, so as to enable the growth and understanding of the aspects of the law to the interested individuals in society.


Speaker : Aastha Chadha, Advocate, Delhi High Court

Ms. Aastha Chadha is a 3rd generation lawyer with an excellent and in-depth experience in advisory and litigation (Civil, IBC, Matrimony, Family, Cheque bounce, Succession, etc.). She is also empanelled with leading companies and institutions.

Dates : 3rd April, 2021 & 4th April, 2021


Link to the Registration Page: https://forms.gle/FiysLWLRg1wC7WcC9

Highlights Of The Workshop:

  • Certificate of participation is subject to Terms & Conditions (Terms & Conditions will be sent in WhatsApp groups).
  • PPT of the session will be provided.
  • Recording of the session will be provided.


Mobile : +91 9310126697

For More Visit :



Visit us for more such opportunities: http://lexpeeps.in/


The Book aims to provide a detailed insight into a full range of various legal topics.


The book would not be theme-specific. Anything related to Law is acceptable.

How to Submit?

Mail the manuscript at lexmanthan@gmail.com with subject line “Submission”.

Important Dates and Deadlines

  • Submission of full paper(s): March 20, 2021
  • Intimation of acceptance/rejection: Within 48 hours of submission
  • Tentative month of Release of the Book: April, 2021.

Submission Guidelines

  1. The title of the research paper should be appropriate.
  2. The paper shall be original and unpublished.
  3. The paper should not be plagiarized, and free from grammatical, spelling, and other errors.
  4. Co-authorship is allowed subject to a maximum of two (authors can be from different institutes).
  5. Full names of all the authors along with designation and contact number(s) must be given.
  6. Any uniform method for citation may be followed.
  7. The body of the paper shall be in Times New Roman, font size 12, 1.5 line spacing. Footnotes should be in Times New Roman, size 10 single line spacing
  8. A margin of 4 centimeters shall be left on all sides of the paper.
  9. Page borders, headers, footers shall not be used.
  10. The paper shall be in MS Word Format

Word Limit (Subject to Relaxation)

  • Notes/Comments: (between 3000-5000 words including footnotes)
  • Cases/Report Commentaries: (between 2500-3000 words including footnotes)
  • Articles: (between 1200-5000 words including footnotes)
  • Short Notes: (between 1000-2500 words including footnotes)
  • Book/Report Review: (between 2000-3000 words including footnotes)


The format of the book is Print. Contributors are provided with a digital copy of the book on their e-mail id along with a certificate of publication. To procure a printed copy of the book, extra charges would apply.

Publication Charges

Single authored chapter: INR 250/-

Co-Authored Chapter: INR 500/-

Contact Details


Mobile Number: + 91 8340249051

Visit us for more such opportunities: http://lexpeeps.in/

This article is written by Indra Priyadarshini, a student of Alliance University, Bangalore. This article discusses the role and significance of audit committees in India. INTRODUCTION


The main purpose of establishing good corporate governance is to bring about a more transparent and accountable system. As the number of corporate scandals is increasing in both India and other countries around the world, corporate governance is emerging rapidly in order to improve the financial scenario by acquiring the confidence and trust of investors. In this regard, Audit Committees are significant as they provide a mechanism to ensure reliability on financial statements.  

The Audit Committee facilitates the independence of an audit process. The process of auditing the operations of a corporation is quite complex. It requires a proper understanding of the rules and judgments taken by the management while preparing financial statements. Section 177 of the Companies Act, 2013 and Rule 6 and 7 of Companies (Meetings of Board and its Powers) Rules, 2014 deals with the Audit Committee. It acts as a channel for the flow of information from the management to the auditors. It also helps in reducing the pressures of management on an auditor. Thus, it is essential that the audit committees are independent of the management. These committees have the responsibility of deciding the work or scope, fixing the audit fees, and determining the extent of non-audit services.

Functions and Powers of Audit Committee

The following are the functions of an audit committee:

  1. It has to supervise various activities of the management like the management of credit, liquidity, and market along with legal and other risks of the corporation. 
  2. The committee has to aid the Board in the implementation of its oversight obligation relating to review procedure, arrangement of inside control, and inspecting the consistency with other laws and principles.
  3. It has to set up an internal audit function and appoint an independent internal auditor along with the terms of the commitment and dismissal. 
  4. It has to evaluate and check whether the annual internal audit plan is in accordance to the corporation’s objectives. 
  5. It has to observe and review the sufficiency and adequacy of the internal control framework of the corporation.
  6. The committee has to evaluate the reports made by the internal and external auditors as well as the quarterly, half-year, and annual financial statements.
  7. Review and fix the non-audit work, if any, of the external auditor and evaluate non-audit fees paid to the external auditor in connection to its significance to the total annual income of the external auditor as well as the corporation’s general consultancy costs. The committee should prevent any non-audit work that will conflict with the obligations of the external auditor or may risk his independence. All the permitted non-audit work has to be reported in the yearly report.
  8. Finally, the committee must also decide the reporting line of the Internal Auditor in order for him to carry on his duties and obligations. He will practically report to the Audit Committee. The Audit Committee has to make sure that in the execution of the work of the Internal Auditor, he shall be free from any obstruction by outside parties.

The following are the powers of the audit committees:

  1. The audit committee has the authority to call for the comments of the auditors about internal control systems, the scope of the audit, and the evaluation of financial statements before their submission to the Board.
  2. It can examine any issues regarding the internal and statutory auditors and the management of the corporation.
  3. The committee can inspect any matter related to the items referred to it by the Board. 
  4. It can receive professional advice from external sources.
  5. Finally, the audit committee can have access to all the information available in the records of the corporation.

Importance of Audit Committee

The audit committee plays a crucial role in any corporation. It contributes to the regulation and enhancement of financial practices and detailing. The committee often hold discussions with the Chief Executive Officer and financial officers to audit and ensure the viability of hierarchical controls and outer financial reporting. They regularly work along with the finance committee. The committee provides productive anti-fraud programs. The audit committee is more experienced in various fields like management, finance, legal and operational issues. Thus, they can ensure a more proactive job working along with the NFP’s leadership team and auditors in making and reviewing an organization-wide fraud prevention and recognition program and ensure that proper investigations take place in case any fraud is revealed. The committee can also provide support to the organization’s leadership team in establishing extensive morals and consistent programs. The audit committee plays a proactive role in the review process of both programs.

The audit committee helps to improve the internal audit function. The general respectability of the internal audit function increases when the organizational structure allows the internal audit team to reveal specifically to the audit committee. Under such organizational structure, the internal audit team can assist the audit committee in matters relating to the organization’s capability to fulfil its financial and consistence obligations and ensure that the organization changes its practices and internal controls as and when needed. The external audit of an organisation is directed by the audit committee. The audit committee, along with the external auditors, screen their administrations and activities to ensure that autonomy is persisting between the external auditor and the organization’s management team. The committee also discusses their independent perceptions on management’s capacity with the external auditors in order to maintain the strong internal controls, financial reporting and proper business practices. 

The audit committee has another important function, which is to re-establish reliability with the stakeholders. An NFP’s reputation is its most significant resource. The committee showcases an image of independence, credibility and trust. Therefore, it builds the confidence among present and potential constituents, contributors, creditors, and other stakeholders. NFPs and their audit committees can maintain and further expand on this positive image by showing the role and composition of the committee, achieving transparency in financial disclosures, and communicating the organization’s compliance and ethics policy. 


The Audit Committee has a very significant role to play in a corporation. Thus, it is necessary to improve its working and efficiency through the enactment of a proper and comprehensive code of conduct and other rules and regulations. The minimum financial qualification and functional experience recommended for eligibility to be an audit committee member should be increased from having merely a comprehensive set of knowledge about financial statements, where only the Chairman is required to be an expert in the committee. A minimum of six audit committee meetings should be held in a year, out of which two meetings must be for the purpose of reviewing the control environment and risk management related matters thoroughly. There must be a proper method established to keep a check on the maximum number of audit committees a person can be a member of. The audit committee meetings must be held at least one day prior to the board meeting, so that there is sufficient time to deliberate and discuss the major issues. The appointment of the audit committee should be done through a properly established selection procedure and should not be done by the chairman, board or promoters. The tenure of the audit committee members should be specifically defined, and a transparent succession planning process must be established. The appointment of internal auditors and their reporting should be done by and to the audit committee. These are few ways through which the efficiency of the Audit Committee can be increased for better management of companies. 

Latest Posts


This article is authored by Sujata Porwal, third year BA LLB (Hons.) student at Symbiosis Law School, Pune. The article presents a critical analysis of ‘Acceptance under Indian Contract Act, 1872’. 


Acceptance has acquired a varied meaning under the Indian Contract Act, 1872 as compared to the common understanding of the term. Defined in Section 2 (b) of the Act, acceptance is a mode of signifying assent to another person. When assent is expressed with regards to a proposal made to the individual, the offer is considered to be accepted under the law. Any proposal, upon receiving assent, converts into a promise. The pre-requisite of such assent is that it shall be ‘unconditional’ in nature. If a condition is attached with the acceptance then it becomes a counter-offer instead of a promise.

Example – X offers to sell his white horse to C for 2,00,000/- and C accepts the offer. Such offer can hence be termed as a promise. 

It is important to note that a proposal/promise is irrevocable in nature. While an offer creates no legal obligation on any party, acceptance to that offer ushers legal meaning to the agreement thereby creating legal obligations on both the parties. An offer can be subjected to revocation or withdrawal before it is formally accepted. 

The Indian Contract Act, 1872 has laid down several rules to ensure a smooth and steady flow of contracts in the country. These rules are the guiding light of a contract that is free from legal errors. Such rules, with regard to valid acceptance, are:

Acceptance can be Communicated, only by the Person to whom the Offer was Made

If an offer is made to someone, acceptance to that offer can only be provided by that person itself. For example, if A proposes to sell his toy car to B for 2000 Rs. then C cannot enforce a legally binding contract against A by giving acceptance to such offer. Therefore, no third party, without the knowledge of the offeree, shall accept the contract.

However, an exception to this rule is general contracts which are made to a huge group of people. A general offer can be accepted by anyone. 

Acceptance shall be Absolute and Unqualified

The communication of acceptance shall be free from any conditions to the original offer. A conditional acceptance gives rise to a counter-offer, nullifying the effect that a valid acceptance has on an offer. 

Besides, acceptance must be expressed in the manner prescribed by the laws. If the laws do not express a prescribed manner then the acceptance shall be communicated in a reasonable manner, as under normal course of events

Implied acceptance is also considered to be valid acceptance under Indian law. This shall not be equated to ‘silence as a valid acceptance’. If no reply is given, the offer shall not be deemed to be accepted.

Communicating Acceptance

An important pre-requisite of a contract is the communication of acceptance to the offer. The condition also exists in cases of implied acceptance. Moreover, the offeree must have adequate knowledge of the offer in order to accept the offer so made. An offer cannot be accepted if the offeree is not aware of the terms of the offer. 

Acceptance can be revoked before it is communicated. In other words, if A sends a letter of acceptance to B for the offer made by B but successfully stops the letter mid-way, before it reaches B, then the acceptance shall not be supposed to be communicated. 

The ‘Prescribed’ Mode

If the offeror has laid down a method of communication of the acceptance that it shall be strictly adhered to. For example, if A demands that B shall communicate with him through emails only then an acceptance through a WhatsApp message may be deemed invalid. However, the method prescribed by the offeror shall be reasonable in nature. 

The lack of a prescribed method of acceptance leads to the presumption that the offeror is open to accept communication in any form. One must also abide by the time limit set by the offeror. 

For example, A asked B to communicate his acceptance or rejection by 5th March, failing which the offer shall no longer be open to B. A sold the antique miniature aircraft to C on 7th March. In this case, if B conveys acceptance to purchase the miniature aircraft on 6th March, it does not give rise to a valid contract that can be enforced in the court of law.

The rules governing a valid acceptance, therefore play an vital role in the structuring of a valid contract.

Types of Acceptance

  1. Expressed Acceptance

It is a mandatory requirement of certain contracts that the acceptance shall be written in nature. Such contracts include contracts of lease, sale, etc. However, one may also express an oral consent for certain contracts. Thus, expressed acceptance can be communicated orally as well as in the written form.

  1. Implied Acceptance

The offeree can also choose to express his/her consent without the use of words i.e., through implied gestures or actions. Section 8 of the Indian Contract Act, 1872 has laid the premises for the same. 

For example, if A says to B that, ‘if you want my white pony then you must reach port station at sharp 5pm with 1 Lakh Rs.’ and B is found at thee exact time with the required amount of money, his actions would be considered as valid acceptance even though he did not express his consent vividly. It can be concluded that implied acceptance is communicated by conduct instead of words. 


It is noteworthy that valid acceptance constitutes as a part of the basic structure of a valid contract. A contract can only take shape once the acceptance is communicated by the offeror to the offeree. The acceptance shall be given with an intention to enter into a legally binding contract and with a free will in order to be considered as a valid acceptance. 


Indian Contract Act, 1872

Latest Posts


This is authored by Janaki Nair a 3rd year B.A LLB student in Symbiosis Law School Pune. The following article revolves around the topic of the law of Torts and how ‘inevitable accident’ serves as a valid defense on that topic. 


One of the many instances in which the law of torts differs from other law is the purpose with which it is imposed. The law of torts deals with ‘civil wrongs’ – wrongs that are civil and therefore, they are not deterred based on the criminal form of punishments. So, tort law deals with civil wrongs that are usually punished in the form of payment of damages. Damages refer to the money–based compensation that is granted to the aggrieved plaintiff by the respondent so that the former is compensated for the sufferings that s/he/they went through because of the wrongs committed by the latter. Damages can be of three types – nominal, compensatory, and punitive – in nature. If the aggrieved has a right to claim damages, then the respondent has the right to counterclaim them by bringing up good defenses.

The court has to hear both of the sides – the complaint as well as the defenses and then arrive at a proper decision. There are various defenses in the law of torts – volenti non fit injuria, necessity, private defense, an act of god, etc. The current paper will be about the defense of an ‘inevitable accident’. 

Inevitable Accident

The term ‘inevitable’, according to the particular defense, refers to some sort of event or action that could not have been avoided even with all necessary care and precaution taken from the side of the wrongdoer. Sir Pollock, a famous jurist of the 17th century, defined an inevitable accident as something that could not have been avoided despite precautions taken by a reasonable and prudent individual. There needs to be the existence of two principles that need to be satisfied under the defense of Inevitable accident and they are:

  1. The damage was unintentional. 
  2. The circumstance surrounding the damage could not have been avoided by the person despite all care, caution as well as a skill that could have been employed by the person who committed the wrong.

A daily life illustration of an inevitable accident can be as follows: A was driving past a fairly busy junction. The car undergoes routine maintenance and was in tip–top condition. Suddenly, while crossing the signal, the brakes of the car failed which resulted in A losing control and swerving left, resulting in it hitting a bullock cart that was on that particular side. A can lead the defense of ‘inevitable accident’ as she took all the measures to ensure that there would not be any mechanical failures. However, she could not have predicted the sudden brake failure. As stated above, the damage is done to the bullock cart and its driver was unintentional; and the car-driver had taken all necessary precautions that she could have given the situation.

Judiciary on Inevitable Accident

The court, while considering the plea of an inevitable accident will look for the following: 

  1. Whether the occurred event was, in actuality, outside the scope of control of the tort–doer. 
  2. Whether the tort–doer had exercised a reasonable amount of precaution given the situation.
  3. Whether the tort–doer could have avoided the situation if the precaution was exercised. 

The courts that talked about the defense of inevitable accidents had to discuss who the burden of proof would rest on. The first to decide on that was the case of Homes v. Mather, (1875) LR 10 Ex 261, where the court had announced that the burden of proof existed on the plaintiff to prove that:

  1.  the defense was built on lies,
  2. the respondent had scope to foresee the event,
  3. the respondent did not take necessary precautions. 

However, this was overruled in a subsequent case of the name Stanley v. Powell, (1891) 1 QB 86. In the case of Stanley, the plaintiff and defendant were shooting members who went for a pheasant shooting party. The defendant aimed the gun to shoot at a pheasant, but the bullet, unfortunately, bounced from a nearby object and shot the plaintiff who got injured. The plaintiff took the matter to court wherein the defendant pleaded the defense of the inevitable accident. The court favored the defendant on the topic by stating that there was no way in which the defendant could have foreseen the bullet ricocheting and striking the plaintiff. Another important decision, in this case, was that the burden of proof rests on the defendant who has to prove that his actions arose from circumstances that were beyond the control of the defendant. 

Similarly, in the case of Hidasi v. Hidasi, 2011 BCSC 583, the court again favored the defendant wherein he had taken necessary care and precaution to drive on a slippery road, but the car still slipped and injured the plaintiff. The court had accepted the defense which stated that the mechanical failure of the car which caused the slip was beyond the scope of control or foreseeability of the defendant. 

After this, there came several case laws that discussed whether the onus of proof should rest on the defendant or the plaintiff. By the end, most of these courts reached a more or less unanimous decision of letting the onus shift between both the parties on a case-to-case basis. 

The most famous Indian case on this subject is A. Krishna Patra v. Odisha State Electricity Board 2 (1998) ACC 367, 1998 ACJ 155, AIR 997 ORI 109, which dealt with the difference between negligence and inevitable accident as tort defenses. The defense in question had pleaded negligence whereas the defendant pleaded the defense of an inevitable accident, where a woman died after getting electrocuted by a naked electrician lying on the road. The court had stated that the electricity board cannot plead the defense of the inevitable accident as they had not taken the proper precaution and care by checking up on the electrician from time – to – time as an employee of their company. Therefore, compensation of Rs.50,000 was awarded to the defendant company to be paid to the aggrieved plaintiff. 

Act of God and Inevitable Accident

The tort defense of Act of God and Inevitable Accident are frequently held to be similar because both of them satisfy the following – events that are beyond the scope of control of the tort – doer. However, the main difference between the two is that the former is restricted to acts of nature whereas the latter is not.

An illustration of the two would be as follows: A was driving through a narrow road on top of a bridge that is the only one available to reach his relative’s house. He had only decided to drive after checking for the weather update several times the previous day which showed sunny and pleasant weather. However, halfway through the road, a severe rainstorm started coming up, and right before A could park to the side, the bridge broke under the thunder causing the car to skid and collide with a pole, injuring the plaintiff standing near it. This can be an Act of God. 

On the other hand, A was driving through the same bridge. But, if the bridge was nearing wear and tear, and the movement of the car caused it to collapse, then, it was due to a man–made error and therefore, will come under ‘inevitable accident’. 


In conclusion, the inevitable accident is a bit tricky to deal with as the court needs to be sure whether the case falls under an act of negligence or a genuine accident that was not foreseeable by the wrongdoer. This is, however, an extremely helpful defense for drivers who commit injuries without meaning to and without being able to foresee them. 

Latest Posts



• Arudra uses the words Coronil 92B and Coronil 213 SPL which is contrary to what has been used by Patanjali that is “coronil” In this scenario, “coronil” is the common word but in supposedly different contexts.
• Arudra has never actively applied for the word coronil as a wordmark
• Arudra compromised with the invention of the word ‘coronil’ by not registering it as a trademark, which portrays the defection in its birth
• Arudra’s usage of the word coronil implicates the context in which they use it via the products they manufacture that’s for cleaning purposes of industrial machines which would eventually prevent corrosion.
• Lack of any exclusive rights on the behalf of Arudra concerning the word ‘coronil’ as both the labels being registered with the alpha-numerals that is Coronil 92B and Coronil 213 SPL
• No monopoly conferred over a part of the trademark so registered
• Section 29 of the trademarks act 1999 deals with the infringement of the registered trademarks” clause 4 of the same says: A registered trademark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which—
• (a) is identical with or similar to the registered trademark; and
• (b) is used about goods or services which are not similar to those for which the trademark is registered; and
• (c) the registered trademark has a reputation in India and the use of the mark without due cause takes unfair advantage of or is detrimental to, the distinctive character or repute of the registered trademark
• In this case, section 29(4) is not maintainable, merely registering a composite word, which is composed of several features, words or numerals does not provide any rights to sue the other in the aforementioned section.
• Things would have been opposite if Arudra had applied for independent registration of the word ‘Coronil’
• The court is not in a position to direct an injunction by splitting up the composite word into its different components and direct for an injunction.

Whether Patanjali’s usage of the word ‘Coronil’ intended to obtain an unfair advantage or not to be analyzed and determined during the trial
The court concluded prima facie that the usage of the word ‘coronil’ as an immunity booster not deleterious to Arudra’s prominence.
With these, among other observations, the Division Bench reversed Justice Karthikeyan’s August 6 injunction order, and accordingly put away the Rs 10 lakh fine imposed on the defendants.
The Court suggested that the main suit between Arudra and the defendants over the trademark rights for “Coronil” be disposed of within reasonable time, by the Commercial Division of the High Court.

Reported By – Anjali Singh

The two-Judge Bench comprising of Justice Sanjay Kishan Kaul and Justice Hrishikesh Roy of the Supreme court opined that:
• A right or choice to marry is not anticipated to succumb to the concept of ‘class honor’
• The court also directed the police officials to put together guidelines and training programs as to dealing with ‘socially sensitive cases’


One Mr. Chandaragi registered a missing complaint of his daughter Ms. Laxmibai Chandaragi, petitioner No.1 herein with the Murgod Police Station, Savadatti Taluk, Belagavi District stating that she was missing since 14.10.2020.
In the discharge of the complaint, of a missing person the investigation officer recorded the statement of the missing person’s parents and her relatives with requisite details.
It became evident that Miss. Laxmibai was in contact with Mr. Santosh Singh Yadav, petitioner No.2., by investigations of the call details.
In the course of the investigation Miss. Laxmibai, apparently without informing her parents, had traveled a long way by flight and reached Delhi to marry Mr. Santosh Singh Yadav.
She sent her marriage certificate to her parents on 15.10.2020 via an online medium and spill the beans of her marriage.
It is the case of the State that the IO proceeded to Ghaziabad to know the whereabouts of petitioner No.1 and on reaching the residence of petitioner No.2, was informed by his parents that they do not know the whereabouts of the petitioners. However, petitioner No.1 spoke to the investigating officer and notified them that she had already married petitioner No.2 with her own choice and was staying with him. But the IO instead insisted that petitioner No.1 should make her presence before the Murgod police station to record her statement so that the missing case can be closed. Petitioner No.1 sent a letter to the IO implicitly stating that she was married to petitioner No.2 and there was a possible threat from her parents and thus, was unable to visit the police station. The case was still not closed of a missing person by the IO.
The present writ petition has been filed under Article 32 of the Constitution of India since according to the petitioner there is an issue of duality of jurisdiction arising from her living with her husband, in the State of Uttar Pradesh while she came from Karnataka. It is the case of the petitioners that the uncle of the girl, petitioner 1 in the present case was threatening them on the account of their marriage. On the petitioners approaching the Allahabad High Court on 19.10.2020, seeking protection for themselves and the family members.
The Court concluded that the intervention of the Court would not have been a requirement in the provided facts of the case and if the IO would have conducted himself with more responsibility in terminating the complaint and if he would have wanted to record the statement of the first petitioner, should have given the information that he would visit her and he would have recorded the statement rather than putting her under the threat of action against the second petitioner to arrive at the police station. Reference of precedents, explaining that the consent of the family or the community or the clan is not necessary once the two adult individuals agree to enter into wedlock and that their consent has to be piously given primacy [Shakti Vahini v. Union of India (2018) 7 SCC 192].
The proceedings in connection to the missing complaint registered at Murgod Police Station, Belagavi District, Karnataka are quashed with the desire that the parents of petitioner No.1 will have a better sense to accept the marriage and re-establish social interaction not only with petitioner No.1 but even with petitioner No.2 [her husband] That, in our view, is the only way forward.
Under the mindset of caste and community to alienate one’s child and the son-in-law will hardly be a desirable social exercise.

Reported By – Anjali Singh

Copyright (or author’s right) is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films, to computer programs, databases, advertisements, maps, and technical drawings.
Exhaustive lists of works covered by copyright are usually not to be found in legislation. Nonetheless, broadly speaking, works commonly protected by copyright throughout the world include:
• literary works such as novels, poems, plays, reference works, newspaper articles;
• computer programs, databases;
• films, musical compositions, and choreography;
• artistic works such as paintings, drawings, photographs, and sculpture;
• architecture; and
• advertisements, maps, and technical drawings.
Copyright protection extends only to expressions, and not to ideas, procedures, methods of operation, or mathematical concepts as such. Copyright may or may not be available for several objects such as titles, slogans, or logos, depending on whether they contain sufficient authorship.
The request for a copyright infringement between Joy Products and Nivea was passed by a solitary adjudicator Seat of Equity C Hari Shankar who found that the shape, size, and shading result of “Satisfaction Serious Dampness” cream was misleadingly comparative, regardless of whether not indistinguishable, to that of Nivea.
“Comprehensively seen there is, at first sight, each probability of an unwary buyer, of normal knowledge and blemished memory, befuddling the result of the respondents with that of the offended party,” the Court said.
Beiersdorf AG (offended party) moved toward the High Court after it came to realize that the RSH Worldwide Pvt Ltd (litigant) had started assembling of “Satisfaction Extreme Dampness” saturating cream by utilizing an exchange dress which was misleadingly like its own cocoa margarine lotion.
The offended party attested that the distinctive highlights of its exchange dress were evident from the body of the items.
It was expressed that the brand name was written in white textual style on a dull blue foundation, had an unmistakable blue shading which is unavoidably related to the offended party and its items, a milk twirl/sprinkle gadget in white tone towards the lower half of the holder and cocoa margarine as a bead plan in brilliant tone in the milk whirl/sprinkle gadget.
Claiming encroachment of its brand names and exchange dress, the offended party contended that the litigant was attempting to ride the standing gathered by the Nivea items throughout some undefined time frame.
The Court was likewise educated that separated from the encroaching item, none of the exchange dresses of the litigants’ items emulate or imitate any of the particular highlights which mark the exchange dress of the offended party’s item.
The Court said that the “test for examination” was not recognizing dissimilarities between items yet the presence of “misleading likeness”.
“The respondents’ item is likewise contained in a compartment of comparative, regardless of whether not indistinguishable, shape and size, with white letters on a blue foundation, the shades of blue additionally being like the unaided eye and, maybe, most essentially, a white crescent sprinkle towards the lower half of the holder, which at any rate is, at first sight, a component unmistakable to offended party’s item,” the Court noticed.
The Court in like manner presumed that a by all appearances instance of conscious encroachment of the exchange dress of the offended party by the respondent was made out.
“In view thereof, till the following date of hearing, the litigants, their chiefs, wholesalers, merchants, accomplices, or owned, by and large, its officials, workers, and specialists are controlled from utilizing, fabricating, selling, sending out, bringing in, offering available to be purchased, dispersing, promoting, straightforwardly or by implication managing in restorative items, particularly body cream, moisturizer or merchandise that are misleadingly like the offended party’s unmistakable exchange dress, adding up to the encroachment of the offended party’s enrolled brand names as expressed in passage 12 of the plaint, especially Brand name Enlistment Nos. 2912562 and 3289787; encroachment of the offended party’s copyright in the imaginative work of the offended party’s “NIVEA” name, compromise dress as likewise passing their items as exuding from the offended party,” it requested.
The Court explained that the litigant will be at freedom to apply for variety or change of the request.
Anand and Anand Overseeing Accomplice Pravin Anand with Backers M.S. Bharath, Dhruv Anand, Premchandar, Udita Patro, N.C. Vishal, Kavya Mammen, and Sampurnaa Sanyal showed up for the offended party. None showed up for the respondent.

Reported by – Komal Dhore