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It has become clear now that the outcome of the EU referendum on June 23 is that UK should be set apart from the EU. After this made clear, now it's time to have a look at the implications on the employment read more
It has become clear now that the outcome of the EU referendum on June 23 is that UK should be set apart from the EU. After this made clear, now it's time to have a look at the implications on the employment law in the UK and how law firms in London would deal with this change.
Parliament is not legally destined by the result of the referendum, but it seems highly improbable that there would be any action. Certainly, the new Prime Minister, Theresa May, has already assured that Brexit will go as planned - further indicated by her appointment of a Secretary of State for Exiting the EU in David Davis.
In order to separate from the EU, the UK will have to inform the European Council of its decision in accordance with Article 50 of the Treaty on the European Union. This step has not yet been taken - David Cameron indicated that it wouldn't happen before the new Prime Minister had been appointed. We shall now have to wait and see what Theresa May proposes as to the next steps.
There will be no immediate impact on UK legislation. At present all UK legislation, whether EU-derived or not, remains in place.
The future influence of Brexit on the legislation will rely on the terms of its future relationship with the EU, which is doubtful to become clearer until the end of the year. However, in theory, the withdrawal will enable the UK to repeal or modify any UK employment legislation derived from EU law.
Withdrawal will also make an impact on the standing of European Court rulings on employment concerns. Past decisions of the UK courts which have followed European decisions will remain binding on them - employment tribunals won't be able to depart from existing case law unless or until there is a change in the underlying legislation. However, future decisions of the European Court won't be binding - although they are still likely to be influential where the UK courts are applying the EU-derived law which is retained.
The free movement and working rights of EU citizens, for the time being, would also remain intact. As recently guaranteed by the Cabinet Office in a press release, the referendum has not changed the rights or status of EU citizens currently living and working in the UK or those of UK nationals in the EU.
It is necessary for law firms in London to keep abreast of these changes while adopting a new case of the employment matter. A careful and through a look at these changes would result into the precise handling of those cases.
One of the fastest growing area of criminal activity in America is Juvenile crimes. Juvenile crimes are measured those crimes committed by people who are under the age of eighteen. Juvenile offenders, read more
One of the fastest growing area of
criminal activity in America is Juvenile crimes. Juvenile crimes are measured
those crimes committed by people who are under the age of eighteen. Juvenile offenders,
or “juvenile delinquents,” as they are sometimes referred to, are usually
handled differently than adult offenders, but an increasing trend toward
harsher sentencing may erode this distinction in the near future.
The Juvenile Justice System
The juvenile justice system strives to rehabilitate and treat juvenile
offenders, rather than incarcerate and remove them from society. Depending on
the type and seriousness of the offense, and the offender's age and past record
of criminal activity, the state may prosecute an individual under the age of
eighteen as a juvenile or as an adult. This is usually accomplished through a
series of diversion programs, alternative sentencing structures, and even the
use of peer run “teen courts” in a number of jurisdictions. On the federal
level, the Juvenile Justice and Delinquency Prevention Act targets juvenile
crimes by assisting state and local governments in providing preventative
services to high-risk youths. Additionally, individual states have enacted
their own statutes to regulate, punish and prevent juvenile delinquency.
As distinguished, a rising trend is to treat juvenile offenders as adults more
often. If the state tries the minor as a juvenile, the case will be adjudicated
in juvenile court. Juvenile courts have specific rules and procedures that are
unique to the juvenile law system, and often designed to expedite the process,
minimize exposure of the juvenile record to the public, etc.
The punishment of juvenile offenders also differs significantly from the
punishment of adult criminals. Because the juvenile justice system seeks to
rehabilitate juvenile delinquents, juvenile courts may impose a variety of
flexible sentences, such as rehabilitation programs, payment of restitution to
victims, imposition of court-determined curfews, mandatory school attendance,
or placement in a juvenile detention facility.
The levels of security in juvenile
detention facilities vary depending on the threat that the juvenile poses to
the community, with some functioning as group homes while others resemble adult
prisons. Even when juveniles are tried as adults, they may still be given the
benefit of more lenient juvenile sentencing laws. Conversely, if a crime is
serious, juveniles as young as sixteen may be sentenced to adult prisons.
Types
of Juvenile Crimes
Juveniles are capable of committing the same crimes as adults, with a few
exceptions. On the other hand, some acts are considered delinquent simply
because of the offender's status as a minor. These "status" offenses
include underage consumption of alcohol, driving without a license, truancy
from school and running away from home. Status offenses are typically dealt
with by social services agencies and do not require intervention from the
juvenile court. Certain other status crimes can expose others to criminal
liability, but often not the juveniles themselves.
For illustration, juveniles are usually
not considered to be able to consent to sexual acts, so any sex act may result
in a statutory rape charge against a person over the age of consent, but
generally not against the minor, even if the act was consensual. This can apply
to situations where the minor is engaged in prostitution, as well.
More serious offenses may be charged as felonies or misdemeanors. While minors
may be involved in all types of crime, the Office of Juvenile Justice and
Delinquency Prevention (OJJDP) documents three major categories of juvenile
crime: violent crimes, crimes against property and drug-related crimes. Other
common juvenile crimes not indexed by the OJJDP, but common examples include
loitering, vagrancy, vandalism, and weapons possession. The OJJDP defines
violent crimes as those that result in bodily injury (such as assault, rape,
and homicide), property crimes as situations where a juvenile uses force, or
the threat of force, to obtain the property of another, and drug-related crimes
as those involving the possession or sale of illegal narcotics.
If you or your child has been charged with a crime, it is important to
immediately contact a local attorney who is experienced in juvenile crimes.
Because the juvenile laws differ from those for adults, not every attorney will
be qualified to handle these types of cases. Due to the far reaching
consequences of juvenile crime and the increasing tendency to treat these
crimes more like adult crimes, it is very important to have the assistance of a
qualified attorney.
Introduction: In the event of a decree in favour of the creditor read more
Introduction:
In
the event of a decree in favour of the creditor against the principal debtor the
wings of the decree can also be extended against the sureties as their liability
in coextensive with the principal debtor. A surety is a person who comes
forward to pay the amount in the event of the borrower failing to pay the
amount .It means that on a default having been made by the principal debtor the
creditors can recover from the surety all what he could have recovered from the
principal debtor. For instance, the principal debtor makes a default in the payment
of a debt of Rs. 10000/-.
Surety:
A surety is a person who comes
forward to pay the amount in the event of the borrower failing to pay the
amount. In the event of a decree in favour of the creditor against the
principal debtor the wings of the decree can also be extended against the
sureties as their liability in coextensive with the principal debtor. But when
a suit against the principal debtor was dismissed for default and the decision
became final there being no liability surviving against the debtor the surety’s
liability gets automatically terminated.
Surety's
liability:
The liability of the
surety is co-extensive with that of the principal debtor, unless it is otherwise
provided by the contract. The provision that the surety’s liability is
coextensive with that of the principal debtor means that his liability is
exactly the same as that of the principal debtor. It means that on a default
having been made by the principal debtor the creditors can recover from the
surety all what he could have recovered from the principal debtor. For
instance, the principal debtor makes a default in the payment of a debt of Rs.
10000/-.
Rights
against the principal debtor
Rights of
subrogation(Section 140):
When the
principal debtor makes a default in the performance of his duty, and on such a
default, the surety makes the necessary payment or makes performance of all
what he is liable for he becomes invested with all the creditor had against the
principal debtor. In other words, the surety steps in to the shoes of the
creditor and by an action against the principal debtor, he can recover from him
all that, which could have been recovered by the creditor. This is known as
surety’s right of subrogation.
Rights of indemnity against the principal
debtor(sec.145):
In a contract of guarantee, when the
principal debtor makes a default, the surety has to make payment to the
creditor. This payment is make by the payment to the creditor. This payment is
made by him on behalf of the principal debtor. After making such payment, he
can recover the same from the principal debtor. Such a claim can be made by the
surety only in respect of the sums he has rightfully paid under the guarantee,
but not the sums which he has paid wrongfully.
Right
against the creditor
Right to securities
with the creditor (Section 141):
It has
been noted above that after the surety has performed his duty under the
contract of guarantee, he is subrogated to all the rights which are available
to the creditor against the principal debtor. Section 141 makes a further
provision in that regard, according to which a surety is entitled to the
benefit of every security which the creditor has against the principal debtor
at that time when the contract of surety ship is entered into. It is, however,
not necessary that at the time of making the contract, the surety should be
aware of the securities which the creditor had.
Loss of securities
without creditor’s negligence.
Loss of the securities by the creditor
results in the discharge of the surety. If, however, the hypothecated
securities are lost without any fault of the creditor, the surety is not
discharged thereby.
Securities received by
the creditor after the contract of guarantee:
It has been noted above that according
to section 141, a surety is entitled to the benefit of every security which the
creditor has at the time when the contract of surety ship is entered into. It
means that the surety has no right to those securities which the creditor
obtained from the principal debtor after making the contract of guarantee.
Therefore, if the creditor parts with the securities which he had obtained
subsequent to the making of the contract of guarantee, the surety will not be
discharges as a consequence of the loss of such securities
\Surety has no right to
goods in hypothecation.
It may be noted that according to section 141, the surety is entitled to
the benefit of such good which are with the creditor. It covers situations
where the goods are pledged to the creditor and he has the possession of the
goods. If he loses or parts with the
goods, the surety is discharged thereby. In case there is hypothecation of the
goods, the goods remain in the possession of the goods and there is no question
of his losing or parting with the same. If, therefore, hypothecated goods are
lost without any fault of the creditor that will not discharge the surety. In
other words, since in the case of the hypothecated goods, the creditor does not
have the possession of the goods, the surety cannot invoke the provision of
section 141 in such case.
Conclusion: After studying the whole topic we would like
to conclude that a surety is a person
who comes forward to pay the amount in the event of the borrower failing to pay
the amount. In the event of a decree in favour of the creditor against the
principal debtor the wings of the decree can also be extended against the
sureties as their liability in coextensive with the principal debtor. The
liability of the surety is co-extensive with that of the principal debtor,
unless it is otherwise provided by the contract. A surety has certain rights
against the principal debtor, the creditor and co-sureties.
The decision of the Supreme Court of India, the apex court of the country, to dismiss the petition filed by Indian National Congress urging it to direct the Election Commission of India to read more
The decision of the Supreme Court of India, the apex court of the country, to dismiss the petition filed by Indian National Congress urging it to direct the Election Commission of India to verify at least 25 percent of the Voter Verifiable Paper Audit Trail (VVPAT) with votes cast by citing it without merits, has sparked off a nationwide debate on the issue. The legal experts from the country, have now come forward and advocating the universal usage of the VVPAT in all the polling booths of the country instead of confining them to only some booths. They feel that there is an urgent need to universalize the use of VVPAT in all the polling booths of the country. " According to the current stand of the election commission, the VVPAT are being verified by it in only one polling booth in a constituency. This does not give the accurate picture of the polling held in the entire constituency. If the the application of VVPAT is implemented in every polling booth, then, we will get accurate and exact results without casting any doubt about the voting process. By doing so, we can also put a full stop to to the existing rumors of rigging of votes and automatic casting of votes to only one party," said senior advocate and BJP Karimnagar district president Kotha Srinivas Reddy. The member of Telangana State Advocates Welfare Board Boodidha Mallesh also expressed similar views. He said that the country needs comprehensive usage of the VVPAT. " It is a revolutionary technology. This will also satisfy the conscienceless of the voters, who are often bombarded with several conflicting reports related to the voting process. " Every voter considers his vote as a tool to transform his life and the conditions of the society and votes accordingly. He will get complete satisfaction when he is handed over with a slip of VVPAT that consists all the details like the party and the leader he voted for," he noted.
One reason women are accusing men of sexual harassment in the press, rather than the courts: The legal system that’s thought to investigate, address, and prevent sexual harassment has failed them for read more
One reason women are accusing men of sexual harassment in
the press, rather than the courts: The
legal system that’s thought to investigate, address, and prevent sexual
harassment has failed them for decades.
The conclusion from a review of 1,000
above job discrimination cases by two law professors: Sandra Sperino at the University of Cincinnati, and Suja
Thomas at the University of Illinois. Sperino and Thomas set out to understand
how judges view discrimination cases.
Sexual harassment is
illegal in all workplaces and in every state. It's a form of gender
discrimination prohibited by the Civil Rights Act of 1964, and it's illegal
whether the assumed perpetrator is a person's co-worker or supervisor. But Sperino
and Thomas argue that federal court judges frequently dismiss sexual harassment
cases that likely meet the requirements under the law.
In the past 40 years,
they say federal judges across the country have developed an extremely tapered explanation
of what sexual harassment is under the law, and which behaviors create a
hostile work environment. Repetitive groping, sexual propositions, and
sexualized comments at work usually don't meet that high standard.
"It's
shocking," said Sperino. "You read about women being groped or rubbed
against a lot at work, and judges don't think that creates a hostile work
environment."
The federal courts have
repeatedly dismissed women's well-documented claims of sexual harassment at
work - the same kinds of alleged actions that have surfaced in media reports in
recent weeks.
That helps explain why
less than 2 percent of job discrimination lawsuits - a category that includes
sexual harassment - make it to a jury, and why only about 4 percent end up
awarding damages to victims.
The roadblocks to getting justice start with an unusually complicated and strict process to file a complaint against an employer in the first place.
Employees who think
their employer has discriminated against them - including through sexual
harassment, which is legally considered sex-based discrimination - have to
start by filing a complaint with the US Equal Employment Opportunity
Commission, which enforces federal civil rights laws.
Requiring people to go
through an administrative agency before filing a lawsuit is highly unusual. In
most civil cases, including personal injury or negligence claims, anyone can
file a lawsuit in court at any time. Congress also placed a strict time frame
on when employees can file job discrimination complaints with the EEOC: no
later than 300 days after the alleged discrimination happened. Then the agency
has six months to review the case before an employee can sue in court. Once the
EEOC gives an employee a Right to Sue notice, they have three months to file a
lawsuit.
All through the EEOC's
review of the case, the commission investigates and tries to resolve the
dispute through mediation. About half the time, investigators are unable
to determine if an employer engaged in sexual harassment, and the EEOC notifies
workers that they can sue their employer in court. Sometimes the complaints are
settled during this process, and sometimes the EEOC will sue the employer in
the most serious cases.
In 2016, for example,
the EEOC received 6,758 sexual harassment claims, and
resolved 23 percent of the cases in favor of employees, adding up to $40
million in relief for workers. In 54 percent of their investigations, EEOC
staff was unable to gather enough evidence to determine if harassment occurred.
In those cases, employees are given permission to sue in court.
The details of these
cases are never made public, unless an employee decides to sue in federal
court. And their chances of any success in court are slim.
Even if a case gets to
court - meaning that the employee went through the six-month EEOC review
process and chooses to sue their employer - federal judges dismiss job
discrimination claims at a much higher rate than other civil lawsuits.
Only about four out of
100 job discrimination lawsuits that aren’t settled or voluntarily dismissed
end up providing any kind of relief for workers, according to Katie
Eyer, a law professor at Rutgers.
This is highly unusual
in the world of federal litigation, “exceeding the negative outcomes faced by
other litigants in both scope and degree,” she wrote in a 2011 Minnesota
Law Review Journal article. In other words, the odds are stacked against
victims of discrimination more than victims of medical malpractice or consumer
fraud, for example.
The high dismissal
rates aren’t for lack of evidence. When deciding whether to dismiss a case
through synopsis judgment, a judge needs to determine if a reasonable person
would consider the alleged actions to be a violation of the law. More often
than not, judges don't think the behavior is bad enough or persistent enough to
be illegal.
Through their repetitive
dismissals, federal judges have narrowed the definition of illegal sexual
harassment so much that a woman (or man) would basically have to accuse her
boss of rape to present a clear-cut case of illegal sexual harassment.
The high courts have defined
two forms of sexual harassment that are illegal at work. In both, the behavior
must be unwelcome to be against the law.
The first is called
quid pro quo harassment. In these scenarios, a person in a position of power
demands that a subordinate tolerate harassment (like groping and sexual
requests) to keep his or her job, or to get a salary raise or other job
benefits. These are the most obvious cases and the easiest to prove. It only
has to happen once to be illegal.
The second form of
illegal harassment is more subjective. It's behavior that is "severe or
pervasive" enough to create a hostile work environment for the victim.
This is open to interpretation, because there is no definition as to what makes
harassment (like groping and sexual requests) severe or pervasive enough to
create a hostile work environment. Instead, juries and judges are supposed to
consider how often the behavior happened, whether it was physical or verbal,
whether the perpetrator was a supervisor, whether more than one person participated,
and whether a reasonable person would view the behavior as unpleasant.
The second type of case
is the one that federal judges are most likely to dismiss, because they might
not think someone's actions are all that bad. And when one judge decides that a
co-worker's repeated requests for sex don't count as sexual harassment, and if
that dismissal is upheld by an appeals court, it creates a legal rationale for
other judges to dismiss similar cases.
This is how federal
judges created a high bar for what the courts consider harassment that is
"severe and pervasive" enough to create a hostile work environment.
If they don't believe that someone’s allegation rises to the level of severity,
then they can dismiss a case before it goes to trial.
The federal judges do
not believe women's claims meet this standard, said Sperino. This is the main
reason so few sexual harassment lawsuits go to trial when they aren't settled
beforehand, she says.
Here are a few cases
that federal judges have dismissed in recent decades because they didn't
believe a reasonable person would consider them bad enough to create a hostile
work environment. The dismissals were later upheld by the appellate courts,
creating legal precedent for other judges to dismiss similar cases.
These cases have been
cited as the legal reasoning for dismissing later lawsuits describing similar
behavior.
Sperino calls this a "domino effect" that has led judges across the country to throw out other similar cases. "Judges feel compelled to follow these older cases, even though many cases in the ’90s were probably wrongly decided and haven't aged well," she said.
In 2016, about two-thirds of federal judges at the trial and appellate court level were male. Twenty years ago, when many sexual harassment cases were first heard, the imbalance was even worse.
This is one reason it’s
so hard for victims of sexual harassment to get justice. Research shows that a
judge's gender plays a significant role in the outcome of sexual harassment
cases. A Yale Law Journal article analyzed more than 500 sexual
harassment case appeals in 1999, 2000, and 2001 and concluded that plaintiffs
were twice as likely to win their appeal when a female judge was on the bench.
Researchers at the
University of Minnesota analyzed 62 studies of how women and men view sexual harassment,
and found that women were far more likely to consider a broader range of
actions as sexual harassment. Women considered groping and recurring requests
for dates to fit the label; men were less likely to think so.
Women were also much
more likely to consider dating pressure and physical sexual contact as behavior
that creates a hostile work environment. This distinction is important. For a
plaintiff to prove they were subjected to illegal harassment, they have to
persuade a jury that it created a hostile work environment for them. So it
makes sense that a male judge would be more likely to dismiss a case for not
meeting that standard than a female judge.
Yet federal judges are
supposed to define "severe and pervasive" sexual harassment the way a
"reasonable person" on the jury would, not the way they might view
it. That is such a subjective standard. Different people have different views
about what is reasonable, just as men and women have different views about what
behavior creates a toxic work environment.
Federal judges, who are
appointed by the president, are overwhelmingly white, male, and from privileged
backgrounds. On the other hand, juries represent a wider range of American
society.
"Because of these
differences, it is possible for a jury to believe the discrimination did occur,
while a federal judge may think that discrimination may not have occurred.
These differences make it even more important for these disputed cases to be
left to juries," Sperino and Thomas write.
Juries rarely get that
chance. It's no wonder so many women and men have decided instead to tell their
experiences to the press in recent weeks - they have no other option. The
justice system has failed to give sexual harassment victims their day in court.
A recent case in Kerala state upheld and gradually supported the power of school authorities to suspend someone out of the school on the basis of taking out their privacy. Article 21 of Indian read more
A recent case in Kerala state upheld and gradually supported the power of school authorities to suspend someone out of the school on the basis of taking out their privacy. Article 21 of Indian constitution says that right to life and personal liberty must be given to every individual, also they cannot suspend these rights whatsoever.
A 16-year-old boy showing affection to opposite-sex of the same age is not a crime rather tells the world that humanity is alive despite all the suffering world is facing. Kerala high court restricting the powers and functions of KSCR organization and giving the power to various schools for adolescent behavior processes and such cases as to which students were punished for something or did wrong.
Being a private school, they must be having internal policies which every student must follow else school authorities may take any action against the same for non-compliance of the same. The question comes whether private schools have the power to take into account students online profile like Facebook, Instagram and various other social sites in which they post their private pictures?
In my view, right to privacy is violated here by the school authorities and this case must be filed above for appeal. Life of a student must not be deprived of taking its personal liberty from him.
Introduction: Concept of trans-border reputation brings back copyright rules and regulations to its inception in India, such was the judgement in case Toyota Jidosha Kabushiki Kaisha V. M/S Prius Auto read more
Introduction:
Concept of trans-border reputation brings back copyright rules and regulations to its inception in India, such was the judgement in case Toyota Jidosha Kabushiki Kaisha V. M/S Prius Auto Industries Limited[1] where supreme court held that registration of a trademark is of importance simultaneously with its local or town reputation. Fact of the case being plain and simple, where plaintiff Toyota Jidosha Kabushiki Kaisha did not register trademark ‘PRIUS’ in their domain but defendant M/S Prius Auto Industries Limited did. Toyota claimed that they were the first users of ‘PRIUS’ and had every right to claim trademark but the court ruled their judgement in favor of defendant holding that Toyota motor corporation could not produce enough local customers for their minimum local reputation, also they didn’t have any registration with the name ‘PRIUS’.
Analysis of court ruling:
Worldwide reputation of trademark became a question of fact in various cases of apex court, N.R. Dongre v. Whirlpool Corporation[2], where supreme court ruled their judgement in favor of corporation enlightening the concept of trans-border reputation, here as “Whirlpool’ was deemed to have trans-border reputation therefore its trademark was protected in India as well irrespective of its market base or registration in India. In Pfizer Ireland Pharmaceuticals v. Intas Pharmaceuticals and Anr[3] petitioner pleaded that opposition was infringing their registered trade mark ‘ANTI THYROX’, to which court said that it is upon the will of trademark owner to have a territorial/local reputation of the same for it to have a trademark ownership.
In a landmark judgement delivered by supreme court in Ruston & Hornby Ltd. v. Zamindara Engineering Co. [4] held that “there does not seem to be any requirement that the plaintiff must carry on business in India before bringing an action for passing off for he can prove that he has otherwise acquired reputation in the country.”
In the case of Milmet Oftho Industries & Ors. Vs. Allergen Inc[5]. supreme court finally said that "the mere fact that the respondents have not been using the mark in India would be irrelevant if they were first in the world market”. This judgement rules out every possible protection that may be granted to Toyota motor corporation due to their world-wide reputation, a local reputation must be established on part of Toyota corporation so that to attain protection of trademark in Indian market or soil.
These decisions were upheld in further cases stating that, delay in approaching the court could not justify the use of the trademark which was a worldwide famous name Daimler Benz Aktiegesellschaft and Anr. v Hybo Hindustan[6].
In this present case, as presence of internet was not there back in year 2001 when Toyota started selling cars in name of ‘PRIUS’ therefore not many people would have known of its existence. Also having appearance of same in various news article would not suffice the conditions of having a goodwill in its local territory, minimum number of customers within that local jurisdiction is necessary which was stated in Starbucks Limited and another v British Sky Broadcasting Group PLC and others[7] case as well.
Conclusion:
Shifting of copyright laws to US law ground is happening with respective to trans-border reputation as was in the prime case involving ITC and its BURKHA mark, to which court stated that as ITC did not use its BURKHA mark in United States therefore they had no trademark protection there and a possible territorial reputation must be maintained so was the application of ruling in our present case here.
In my view supreme court ruling is very well reasoned in every way possible in this case, where it gives a true example of sweat of brow concept. Plaintiff even being on the upper hand couldn’t protect their own inventive product ‘PRIUS’ trademark name which redefines law in a good way and give true hope to various such defendant organizations around globe which is in turn the beauty of law.
[1] Civil Appeal Nos.5375-5377 of 2017
[2] 1996 5 SCC 714
[3] 2004(28) PTC 456(Del)
[4] 1970 2 SCR 222
[5] (2004) 12 SCC 624
[6] AIR 1994 Delhi 239
[7] [2013] EWCA Civ 1465-Appeal
Abbreviation used FTC- Federal Trade Commission Digital marketing is a current boon to this 21st century. All marketing utilities and their uses are particularly done majorly in internet these read more
Abbreviation used
FTC- Federal Trade Commission
Digital marketing is a current boon to this 21st century. All marketing utilities and their uses are particularly done majorly in internet these days therefore there must be some organization which helps in implementing guidelines and strategies for efficient functioning of these digital markets for which role of FTC’s come into play.
Moral conduct by business people may make some advertisement that are defying their own business work so as to attract customers and for this if any injury occurs to consumers FTC makes sure that they can be sued for misconduct of their advertisements.
Privacy of purchase online is one method by which protection may be granted to customers as well as business that is selling products simultaneously (e.g, secure socket layer for credit card payments).
Unfair and deceptive ads must not be permitted and for this to happen FTC play an important role. Any product that may harm customers in any form must be described fully in their selling campaigns (brochures) so as to prevent any lawsuits from happening.
Building a website by a professional web designer must be done and all the requirements must be reviewed and taken into consideration by matching its requirements imposed by FTC and similar other organization.
DOMESTIC VIOLENCE IS ON THE PEAK Writing something on a paper to bring change is something far more easy than to face that incident live, in front of you. All that abusive language, all that nagging, read more
DOMESTIC VIOLENCE IS ON THE PEAK
Writing something on a paper to bring change is something far more easy than to face that incident live, in front of you. All that abusive language, all that nagging, name-calling, character assassination of a woman by her owner, or I must tag him as HUSBAND.
It’s horrible when a man says that her wife is her property. He gives her clothes, food and shelter and that’s why, he’s got all the rights to scratch her body the way he likes. May it ….
Beating
Name-calling
Marital Rape
Or Abusive behavior
No one, no law can stop him!!!
That happened yesterday when someone very close to me, in friend circle got into this trouble of domestic violence where at the age of 45, her husband only wants her to be her sex-slave, because he wants it.
That lady has two daughters, aged 18 and 14, and belongs to a very good background, a middle-class family. Going to malls for shopping and movie, spending good amount on education and living in a good house in a good area.
Problem arose almost six years back when that lady got her seventh abortion as her husband’s urge for a boy. Her body aches increased after that too much. She stopped thinking of taking another risk but her husband kept on pushing her to this situation where her body is denying everything now.
A woman’s body does also have limits but man like her husband, doesn’t agree to that. He kept on beating her, torturing her and instead of talking to someone or taking someone’s help, she always kept her mouth because in her views,
“meri do betiyan hain, agar baat ghar se bahar gyi to badnaami hogi!”
And that encouraged her husband more that he started bringing unknown women at her house, in her absence. And whenever he got caught by her parents and well-wishers, his answer was ….
“She cannot have sex with me because now she’s useless and me being a man, can do anything and no one can stop me!”
I always thought that those stories of these kind, I read or listen are biased on man’s side. But while it was happening to my closest, I was shocked that…
Yes …this is real!!!!
Still, his words about his wife, mother of his two girls, giving me “what the hell” king of feeling and I wanted to slap him when he said all that shit about that lady who is very religious and socially praised. Her house is cleaner more than mine, honestly! Her girls have more etiquette. And both of the girls are very intelligent.
But problem is............They’re Girls!
Still, this problem remotely exists where the bread-winner is the god and everyone else, his slave.
No matter what the woman in the house does for him, he only wants her for his own needs, but not hers!
And no one comes for her help because she always thinks for the betterment of other’s future whereas her own present is more than HELL.
Well, in her case, she is being guided now with the help of family and friends.
But the question remains,
“How many get that HELP???”
Most of these kind of incidents don't get reported...Mainly!!!
And women suffering domestic violence don't even tell or discuss but keep on suffering with a smile on their faces as they don't have anywhere else to go.
The question here is whether in our present era law is that grown enough to provide surname, religion and sect as a trademark. To answer this question a proper understanding of each of these terms is read more
The question here is whether in our present era law is that grown enough to provide surname, religion and sect as a trademark. To answer this question a proper understanding of each of these terms is needed. Trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colors. Now here there are various essentials of a trademark which needs to be completed so as to consider that in trademark.
Under U.S law any surname if attached with some advertising purpose is considered to be a trademark however this is not the case in India as various precedents of Supreme court cases held that surnames cannot be trademarked due to various problems.
Religious symbols on the other hand can be trademarked as long as it doesn’t hurt any sentiments of people whose respected religion comes in. Once one of these religious symbol is used by an individual then other cannot use the same one mere for competitive purposes however without any concern can use for off-competitive purposes any time.
Conclusion
Herewith after a qualitative analysis it can be said that surnames and religious part can be trademarked subject to certain conditions and the nature of surname and religious sects.
Navi Mumbai, India
Asansol, India
Guwahati, India
Gurugram, India
Chennai, India
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SECONDS
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Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
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Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
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In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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