Legal Upanishad

Maritime Laws in India: All you need to know

Maritime Law is also known as the Law of the sea. This kind of law talks about the rules and regulations related to shipping, its protection & maintenance, insurance of ships and people, carrying goods by sea, registration, and damages to ships, etc. The transfer of goods from one country to another country has been run for ancient times. At that time, there was a need for this kind of law, and there were some laws but not in a proper way. This article will be explained all about its history and what the current laws related to maritime have been run in India.

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Laws Regulating Drones in India: All You need to know

Legal Articles / legalupanishad

This article aims to explore and give a general overview of the drone operating laws in India. The Unmanned Aircraft System Rules, 2021 were partially replaced by new rules controlling the operation of drones that were first issued by the Ministry of Civil Aviation, Government of India, on August 26, 2021, and then revised by the Drone Amendment Rules, 2022 on February 15, 2022. The Rules are thought to be much more lenient than their predecessors and cover a larger range of drone-related activities. They were created to support India’s goal of becoming a major drone hub by 2030.

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Rooh Afza vs Dil Afza: Case Analysis

Legal Articles / legalupanishad

In this article, we will be discussing an important case law related to trademark protection. “Hamdard” is a well-known name that manufactures a variety of items such as ayurvedic medicines, cough and other syrups including certain unani medicines also, etc. “Rooh Afza” is also a sweet beverage product manufactured by the Hamdard group of companies. This matter related to this same product arises a conflict upon the trademark conflict with a similar product named “Dil Afza”.

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Remarriage laws in India: All you need to know

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Remarriage takes place after the first marriage knot ends due to divorce or the death of the spouse. In ancient India, the remarriage of the widow, especially women, was considered taboo and the ancient customs of India didn’t allow widow remarriage. During the colonial period, the British introduced the Hindu Widow Remarriage Act, of 1856, which made it legal for widows to remarry. This statute received widespread criticism and disapproval from many sections of society in India and was considered an interference of Britishers in Indian culture and religion. For a long time, Hindu Customs didn’t recognize divorce between spouses and thus disallowed and forbid remarriage in India. But post-independence the parliament passed the Hindu Marriage Act, of 1955 which recognized and legalized divorce under Section 13 of the Act hence allowing remarriage subsequent to the prior marriage end.

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New Endorsement Guidelines for Celebrities and Influencers

Legal Articles / legalupanishad

This article deals with the recently released guidelines for celebrities and social media influencers by the central government. The new guidelines for endorsements by celebrities and social media influencers in India require them to disclose any financial or other benefits they may receive from promoting a product or brand on their social media platforms. If they fail to do so, they may face penalties of up to ₹ 50 lakhs. The article would enunciate the nuances of these guidelines and state how to comply with the requisite statutory regulations.

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Subway Trademark Case: All you need to know

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Delhi High Court: In a case where Subway sought an injunction for its mark “SUBWAY” against the mark “SUBERB,” C. Hari Shankar, J. dismissed the application and held that after Infinity Food made changes to the decor, layout, the wall hanging, menu cards, and staff and outlet uniforms, the mark’s appearance could not be said to be confusingly similar to Subway’s device mark, “SUBWAY.” A case of trademark infringement brought by the international fast food chain against Suberb, a Delhi-based restaurant, was dismissed by the Delhi High Court. A “sub” is not only a sandwich from Subway. According to the court, the term “sub” is frequently used to refer to submarine sandwiches, which are made using a cylindrical bread roll that has been split down the middle and is filled.

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Same-Sex Marriage in India: Laws and Cases

Legal Articles / legalupanishad

In India, there is no law that recognizes same-sex marriage due to this many are unable to get benefits and services from insurance and healthcare. Although the supreme court have decriminalized homosexuality in the historic judgment of Navtej Singh Johar v. Union of India there are many hurdles that same-sex couples face due to the non-recognization of their marriage by the law.

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Psychological And Sociological Theory Of Criminal Behaviour

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There are three theories of criminal behavior first is psychological second is sociological and third is biological. Criminal behavior, the word in itself indicates that it is denoting the behavior of the criminal. What made the criminal actually a criminal? What is the reason behind the development of criminal behavior in any individual? No one is by a birth criminal. There are things, situations, and circumstances which make them criminal.

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Hate Speech Laws In India: All you need to know

Legal Articles / legalupanishad

Freedom of thought is essential for achieving wisdom, and freedom of speech is necessary for achieving public liberty. Both of these rights belong to every individual, so long as they do not infringe on the rights of others. A quote from Ben Franklin: (1722) The importance of a person’s right to express themselves freely has been debated at length for many years. Human rights are discussed, and then basic rights are discussed. In India, the right to freedom of expression is guaranteed under Article 19(1) of the Constitution. Free speech, however, has gradually been hampered by the State due to concerns about libel, sedition, and hate speech.

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Collegium System for the Appointment of Judges

Understanding: Collegium System for Appointment of Judges

Legal Articles / legalupanishad

The Supreme Court is located at the summit of the pyramidal Indian judicial system. Following that are the High Courts of several States; the majority of States have their own High Courts, while some States have Common High Courts (e.g. Punjab and Haryana). Following that, district-level courts and so on are subordinate to it. The Supreme Court’s selection of judges. Kiren Rijiju, the law minister, criticised the long-standing system of selecting judges, claiming that “nowhere else in the world, aside from India, is there a procedure where judges pick their brother judges.”

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January 2023