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Legal Remedies available to a Accused in case of Issuance of a Non-Bailable Warrant: Lawyers Advice

Under the Section 73 of the Code of the Criminal Procedure, the Chief Judicial Magistrate or a magistrate of the first class may order a warrant to anyone within their local jurisdiction for his arrest. Now, under the clause (1) of the said section, there are few important points which are to be considered before issuing a non-bailable warrant: That the convict has escape,That the convict is a proclaimed offender, orThat the accused has committed a non-bailable offence and is evading arrest. The basic rule of law is that any person who has a non-bailable offence issued against him should satisfy either...

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Legal Remedies available to a Accused in case of Issuance of a Bailable Warrant: Lawyers Advice

Under Section 71 of the Code of Criminal Procedure (Cr.P.C), in the case a court of law is issuing a warrant for arrest against any person, then such court based upon its circumspection endorse upon the warrant that in the case such person implements a bond with ample sureties for his presence before the court at a particular time. Then, unless otherwise ordered by the court, the concerned officer to whom such warrant is directed shall take the security and subsequently release the person from the detention. Furthermore, the concerned officer needs to forward such security to the court. It may...

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Case Analysis: Timken Company v. Timken Services Private Limited

Timken Company v. Timken Services Private Limited CS(OS) No.3 of 2010Facts: The plaintiff, Timken Company registered a suit praying permanent injunction restraining the defendant, Timken Services Private Limited from infringing former’s registered trademark, “Timken”. Timken company, incorporated in the United States of American is the legally registered proprietor of the given trademark, “Timken” and its earliest registration dates back to the 01st June, 1942. Plaintiff also has its trademark registered in some other countries including Canada, New Zealand, Singapore, Australia, The U.K & The U.S. The trademark was adopted by the plaintiff corporate around more than hundred years ago in...

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Case Analysis: Wander Limited v. Antox India (P) Limited

Wander Limited v. Antox India (P) Limited Civil Suit No. 1220 of 1988Facts: Wander Limited, one of the defendants claims to be the registered proprietor of the registered trademark Cal-De-Ce came into agreement with Antox India (P) Limited, the respondent on 28-February-1986. Under the given agreement Antox agreed to produce Vitamin Calcium Gluconate Tablets under the trademark Cal-De-Ce and consequently sell the entire produced material to Wander Limited. Consequent to the pursuant and the implementation of the given agreement, Antox India (P) Limited applied for the necessary license from the Drug Controller, registered under the Drugs and Cosmetics Act, 1940....

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Case Analysis: Tata Sons Limited v. Gina Kilindo

Tata Sons Limited v. Gina Kilindo CS (OS) No. 46 of 2014Facts: The Plaintiff is a body corporate founded in the year 1917 and the same is a principal investment holding corporate of the Tata Group. Tata Sons Limited is the founder of the popular trademark TATA along with a T within the circle device mark. While, the defendant is owner of Tata Agro Holding Ltd, another defendant and also a registrant of the impugned domains named, tataagro.com, tataagro.biz and tataagro.net, and tataagro.org. Now, it was alleged by the plaintiff that both the defendants were trying to draw the unwary...

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Case Analysis: S.B.L. Limited v. Himalaya Drug Company

S.B.L. Limited v. Himalaya Drug Company (AIR 1998 Del 126)Facts: The Plaintiff, Himalaya Drug Company, deals in the production and sale of Ayurvedic products since the year 1930. While, the defendant is also engaged in the manufacture and sale of both Homeopathic and Ayurvedic medicines. Now, one of the medicines prepared by the plaintiff company is a liver tonic under the trademark Liv-52. Now, this trademark was registered on 10th July, 1957 and 15th February 1987 in the class five as both medical proponent and medical pharmaceutical for the treatment of liver disease. Now contention of the plaintiff is against...

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Case Analysis: Allied Blenders & Distillers Private. Ltd. v. Shree Nath Heritage Liquor Private. Ltd

Allied Blenders & Distillers Private. Ltd. v. Shree Nath Heritage Liquor Private. Ltd CS (OS) No. 2589 of 2013Facts: The Plaintiff, M/s Allied Blenders & Distillers Private Limited deals in the manufacture and sale of an Indian Made Foreign Liquor, Officer’s Choice which is one of the most known trademarks of the plaintiff company and has thus acquired a goodwill for its premium quality, distinctive packaging and pleasant taste and flavour. While, the defendant, Shree Nath Heritage Liquor Private Limited is also engaged in the business of blending, production and sale of a similar kind & type...

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Steps for Preparing a Non-Disclosure Agreement (NDA): Lawyers Advice

In the 21st century, every business has developed its own proprietary information, strategies, trade secrets, and intellectual property which is confidential to the business. Industries ranging from pharmaceuticals, softwares, cosmetics to food and beverages have businesses who hold a large amount of confidential information. For a business to maintain its competitive edge in the market, one needs to ensure that such sensitive information doesn’t fall in the wrong hands, for example- a rival competitor. A Non-Disclosure Agreement (NDA) is frequently used by businesses to prevent that from happening. A Non-Disclosure Agreement (NDA) refers to a legally binding contract signed between...

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Steps for Preparing a Vendor Agreement: Lawyers Advice

A business procures goods and services to engage in commerce efficiently on a day-to–day basis. Each product or service is acquired by a vendor dealing in the respective category of such goods. When dealings with vendors are frequent and involving transactions worth huge sums, entering into a vendor’s agreement facilitates things for a business. It ensures that the vendors deliver, which facilitates smooth business operations. A vendor agreement is a legal document which stipulates the terms and conditions of the vendor’s services to be hired by the business, outlining the expectations of both the parties. A meticulously drafted agreement...

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When an Application for Rectification of Trademark is Filed: Lawyers Advice

Trademarks are unique names, symbols, phrases or designs that can be represented graphically and can differentiate the business, product or service, of one company or person from that of others. The registration of a trademark of a product or service is significant for preventing any misuse of the same, thereby protecting the goodwill and reputation of the business. Rectification is a legal process through which any error or omission made in the details of the recorded trademark in the trademark registry, is corrected. The Trademarks Act, 1999 provides for rectification of registered trademarks in cases where the mark is wrongly...

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