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Stock Market Advisory Firms | Applicable Laws | Legal Challenges | Legal Compliances | Legal Remedies |

IntroductionIn these uncertain times of pandemic and lack of financial stability for the entire world, there arises a duty towards ones families and oneself to arrive at correct financial decision making. This is not possibly easy for a layman to do by himself rather a help from a financial adviser or investment coach is essential for a healthy financial investment. These moral abiding and customer centric professional play a very important role to help the investors with quality financial strategies thus serving the public at large. These professionals have a basic knowledge of how to manage ones wealth which helps...

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Protection of Intellectual Property Rights (IPR) of Drones and Unmanned Aerial Vehicles (UAVs)

Introduction Civilian drones have their usage in plenitude. The immense potential of drones has led to the increasing acceptance of drones in India. They exemplify an outward growth in terms of technology and its utility indicates a significant development in various sectors of the economy. With new Drone Rules, 2021 in place, the government of India provides a sufficient thrust to the businesses and companies engaged in this arena to expand and manifest their handlings in tandem, to cater to large sectors, and contribute unanimously. However, since drones are a creation of intellect, their misuse or infringement is a major...

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Enabling Transfer of Technology (ToT) Agreements for Drones & Unmanned Aerial Vehicles (UAVs)

Introduction The term ‘Transfer of Technology’ essentially connotes a system where technology is transferred from one entity to the other. Such kinds of transfers are either commercial or non-commercial in nature. Technology transfer, as per the common parlance, is a process where commercial technology is disseminated. Through a commercial transfer, one envisages reaping profits from transferring the technology. Technology, under this concept, means the systematic use of knowledge or 'intangible’ knowledge. In legal connotation, it refers to the use of all forms of commercial knowledge whether patented or unpatented, which forms the subject matter of the transaction. Therefore, semantically...

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Explaining the Drone Rules, 2021

IntroductionThe usage of drones in India for commercial purposes has extensively increased, as the country marks a fundamental shift in the applications of nascent technologies. Drones nowadays can be profusely used in the areas of agriculture, mining, deliveries, cinematography, photography with multiple other purposes. With the advent of the Covid -19 pandemic, the usage of drones in India catapulted for various functions and is now considered as an exigent technology to address several issues. In pursuance of the same, the Government of India realized the pertinent usage of drones and ordered its regulation to monitor its official handling. Recognizing the...

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Individual Instance of Misbehaviour seen in Isolation would not be Sufficient to Establish Mental Cruelty

Ramchander v. Ananta [(2015) 11 SCC 539]- In this case the marriage between the appellant and the respondent was solemnized on 2 April, 1994 and a male child was born from the wedlock. After three years of marriage, the respondent wife started living separately and upon legal notice sent by the appellant she returned back to her matrimonial home. But again, in March, 2003 she left her matrimonial home and started living with her parents and has not come back sine. The husband filed for divorce on the grounds of desertion and cruelty. He alleged that immediately after marriage, the...

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Staying Together is not a Precondition for Mental Cruelty

K. Srinivas Rao v. D.A. Deepa [(2013) 5 SCC 226]The facts of the case are as such that an appeal was made by the appellant namely K. Srinivas Rao to the Hon’ble Supreme Court against the order passed by the High Court setting aside the decree of divorce granted to him. The marriage between the appellant husband and respondent wife namely D.A. Deepa was solemnized on 25 April, 1994 but on the very next day of their marriage, the dispute arose between the elders of both families. That led to separation of the newlywed couple and they started living separately....

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Forcing Husband to Stay Away from his Parents and Character Assassination of Husband by Wife amounts to Cruelty

Narendra vs. K. Meena [Civil Appeal No. 3253 of 2008]The facts of the case are that the appellant, namely Narendra, approached the Hon’ble Supreme Court praying for decree of divorce. The marriage between the both was solemnized in 1992. The appellant filed for the divorce as the respondent had become cruel because of her highly suspicious nature and she used to allege him of extra- marital affair on baseless grounds. The Respondent was also forcing the Appellant to leave his parent’s home and live separately with her and in this case, it would be more cruel for the appellant to...

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Unilateral Decision of Wife not to have Child is Cruelty to Husband

Samar Ghosh v. Jaya Ghosh [(2007) 4 SCC 511]The facts of the case are that the appellant approached the Hon’ble Supreme Court praying for decree of divorce. The marriage between the appellant namely Samar Ghosh and the respondent namely Jaya Ghosh was solemnized in 1984 and the respondent was divorced and had a female child from her first marriage. The appellant stated that immediately after marriage the respondent asked the appellant to not to interfere in her career and had also unilaterally decided that she would not give birth to a child and the appellant should try to keep himself...

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Customary Gifts Given at the Time of Child Birth or Other Ceremonies are not Dowry

Narayanamurthy v. State of Karnataka [(2008) 16 SCC 512]The facts of the case are as such that the appellant namely Narayanamurthy, who is husband of deceased, made an appeal to the Hon’ble Supreme Court against the order of High Court in which, the High Court have convicted Narayanamurthy for the offence of dowry death under section 498-A & 304-B of Indian Penal Code, 1860 (IPC). The marriage between the accused narayanamurthy and the deceased was solemnized in the year 1989 and a girl child was born in the wedlock. It was alleged that after the marriage, the accused and his...

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The new Drone Rules of 2021 & the Legal Framework governing Drones & Unmanned Aerial Vehicles (UAV’s) in India

IntroductionTechnological advancements and scientific progression do mark a catapulted growth for a country. Use of drones and other similar Unmanned aircraft systems is landmark for Indian scientific growth and is exigent for the development of various sectors of the economy. Drones, as pe the Drone Rules 2021, refers to any Unmanned Aircraft System (UAS). The definition of the same does entail a widespread connotation and must be inferred in a manner, that encourages operators and pilots to use the technology liberally, while, in the meantime must protect and preserve the integrity and security of India. Prior to the enactment of...

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