Legal Articles

Subway Trademark Case

Subway Trademark Case: All you need to know

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

Same-Sex Marriage in India: Laws and Cases

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

Psychological And Sociological Theory Of Criminal Behaviour

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

Hate Speech Laws In India: All you need to know

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

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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The doctrine of Election under the Transfer of Property Act

The doctrine of Election under the Transfer of Property Act

The doctrine of election is a legal clause in the Transfer of Property Act that prohibits a person from exercising a right that they otherwise would have. The doctrine of election has a very wide scope. Equity-based principles serve as the foundation for the doctrine of election. It is applicable to all types of property, whether movable or immovable, and to all types of legal documents, including wills and deeds. A person cannot opt to accept only the parts of a deal or instrument that are advantageous to him and reject the others. Let’s now talk about the doctrine of election as it is mentioned in Section 35 of the Transfer of Property Act, using some relevant examples and significant precedents.

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