Different Identities of an NDA

NDA stands for Non-Disclosure Agreement whichis utilised to safely share personal data and information which is confidential such as trade secrets and inventions that are unpatented, with another party. It is also called confidentiality non-disclosure agreements, confidentiality agreements, or proprietary data and information agreements.This kind of agreements allows courts to provide relief for unauthorised data and information which is confidentialin nature.

There are three types of Non-Disclosure Agreements:

1.Unilateral

2.Bilateral

3.Multilateral

Unilateral Non-Disclosure Agreements, also known as one-wayNon-Disclosure Agreements, only require one party to disclose confidential data and information to the other party. They are the most basic type of Non-Disclosure Agreement.

Here are the most basic types of unilateral Non-Disclosure Agreements:

A) Employer-Employee Non-Disclosure Agreements- Employers often require employees to sign these non-disclosure agreements once they are hired. These agreements limit the employees from divulgingimportant company data and information, such as:

• Trade secrets
• Business and development plans
• Pricing data
• Supply sources
• Operation plans
• Merchandising systems
• Technical data and information such as projections and inventions

B) Company-Recruiter Non-Disclosure Agreements- Companies can use these non-disclosure agreements to limit recruiters from sharing confidential company data and information. Like employer-employee non-disclosure agreements, company-recruiternon-disclosure agreements restrict recruiters from sharing critical business data and information that could reduce the company's competitiveness.Companies will add a detailed provision to avoid conflict of opportunities clauses and non-competition clauses to this non-disclosure agreement to limit recruiters from using the knowledge they’ve gained while working at the company. Recruiters are independent workers who have more flexibility and autonomy than employees. Companies will impose more limitations on recruiters to prevent them from using and sharing data and information that could affect competition.

C) Inventor-Evaluator Non-Disclosure Agreements- Inventors can use unilateral non-disclosure agreements to protect their inventions from being patented, used, or marketed by the evaluator. These non-disclosure agreements also limit evaluators from using and disclosing the inventors:

• Business operations, including the inventor’s financial data and information, vendor data and information, internal cost data and information, external business contacts, and the methods and manners of conducting business
• Customer data and information, including the names of the customers, their contact data and information, and the data they provided
• Any intellectual property
• Service data and information, including all data related to the inventor’s products and services
• Accounting data and information, including all balance sheets, company liability data and information, expense reporting, and profit and loss reporting

D) Seller-Buyer Non-Disclosure Agreements- Sellers can use non-disclosure agreements to limit the buyer from sharing confidential data and information that the buyers were exposed to during the sale of goods or services. They usually control the buyers from sharing the following:

• Business operations, such as the seller’s financial and internal data and information
• Any intellectual property
• Processesabout production, including the processes used in the creation, manufacturing, and production of the seller’s products and services
• Computer technology, including all technical and scientific data and information about any process or machine used by the seller

Also known as mutual non-disclosure agreements or two-way non-disclosure agreements, bilateral non-disclosure agreements require both parties to disclose their data and information, which is confidential to each other. Both parties can limit other parties' use and share their data and information.Bilateral non-disclosure agreements are used in situations where parties are required to exchange a lot of personal business data and information during negotiations. It includes all kinds of takeovers in the corporate world, joint ventures, and mergers and acquisitions.

Multilateral non-disclosure agreements or multiparty non-disclosure agreements involve three or more parties where at least one of them will disclose data and information to the other parties. These agreements eliminate the need for separate bilateral or unilateral non-disclosure agreements between two parties. For example, you can enter into a single multilateral non-disclosure agreement with parties A, B, and C instead of entering into three separate bilateral non-disclosure agreements between A and B, B and C, and A and C.Multilateral non-disclosure agreements are often found in complex, negotiation-heavy deals. A typical example of this type of non-disclosure agreement is a multiparty confidentiality agreement. Three or more companies can use this agreement to ensure that each party is only disclosing confidential data and information so that each party can determine whether it is engrossed in entering into further agreements.

·         Non-disclosure agreements are an important legal framework used to protect confidential data and information from being made available by the recipient.

·         Companies and start-ups use these documents to ensure that their good ideas won’t be stolen by the people they are negotiating.

·         Anybody in breach of a Non-Disclosure Agreement will be subject to lawsuits and penalties commensurate with the value of lost profits. Criminal charges may even be filed. Non-Disclosure Agreements may be unilateral, whereby only the recipient of the data and information is required to keep silent, or mutual, where both parties agree not to share each other’s sensitive data and information.

·          Whenever a business entity is engaged in an essential commercial discussion, it is always important to ensure a Non-Disclosure Agreement is signed between the parties,instilling confidence and trust, which can assist in open negotiations.

·         As stated above, signing a Non-Disclosure Agreement grants more trust between the parties signing the agreement and ensures that despite heavy negotiations, agreementsor disagreements, the data and information are always protected. It deters the theft, misuse, and misrepresentation of intellectual property.

·          A non-Disclosure Agreement is signed at the beginning of the negotiations between business entities, even when it is still uncertain whether the parties will agree to come together to enter into a business agreement.

·         In such circumstances, data and information is shared between parties to evaluate and analyse the market and make predictions about future projects.

·         A non-Disclosure Agreement is also essential to protect data and information from being misused or shared with a third party by an intern or an employee of a business entity.

·         The primary intent behind the signing of a Non-Disclosure Agreement is to protect data and information sharing; therefore, it ensures that the privacy and confidentiality of data and information sharing are safe as it reduces the scope of breach of any disclosures, which will give the aggrieved party a resort of suing the other party. Since Non-Disclosure Agreement is a legal document, it is of immense importance for avoiding and resolving any conflict that might arise in the future. In some cases, the party infringing the agreement would be legally liable to compensate for damages.

·          It clearly states (in written format) that anything that comes under the bracket of ‘confidential’ in the long run avoids ambiguity or loss of data and information. Overall, a Non-Disclosure Agreement protects intellectual property disclosures (including trade secrets, proprietary data and information, and other confidential data and information), safeguarding a business entity.

The Confidential Information Clause in the Non-Disclosure Agreement clearly defines the ‘confidential matter’ for which the Non-Disclosure Agreement is entered between the parties.It helps maintain secrecy between the parties by binding them legally through different clauses constituted under the non-Disclosure agreement. This forbids the receiving party from disclosing confidential information.Different clauses of the Non-Disclosure Agreement also draw the timeline up to which the party is obliged to maintain secrecy. This period could be beyond the effective period of the agreement itself.Any kind of Non-Disclosure Agreement is legally binding. Thus the party infringing the agreement would be liable to compensate for the damages to the aggrieved party.

In a land mark judgement, the apex court of the country, Supreme Court of India, has termed  PD (Preventive Detention ) Act as an extraordinary Act and said that the Act can’t be used against the citizens of the country in violation of their fundamental right of personal liberty under normal circumstances. A vacation bench of Justice CT Ravi Kumar and Justice Sudanshu Dhulia made these important observations while dealing with a case involving the invocation of the PD Act against two accused of chain snatching by Rachakonda police of Hyderabad. The police invoked the Act against the two accused in October last year . In their orders, the police said that most of the victims of the accused were women and added that the invocation of the PD Act would act as a deterrent to the accused and prevent them from committing such crimes in future. Arguing the case on behalf of the accused before the vacation bench,  Telangana High Court Advocate D. Sudarshan said that although the accused had 38 pending cases against them, the case related to chain snatching incidents were only four. He also told the SC that the accused got bail in all the four chain snatching cases from magistrate courts from Hyderabad between May 6,2022 to July 26,2022.   Agreeing with the arguments of the counsel for the accused , the vacation bench allowed the petitions of the accused urging it to set aside the orders passed by the Telangana High Court and quash the orders of the Rachakonda  police invoking the PD Act against the two accused. The wives of the two accused approached the SC following dismissal of their Habeas corpus petitions by the Telangana High Court on March 25 this year. The wives of the two accused urged the Telangana High Court to quash the orders of the police sending their husbands to jail under the PD Act and set them free. Speaking on the occasion, the counsel for the wives of the accused D. Sudarshan expressed his happiness at the verdict of the Supreme Court. He said that the police had violated the fundamental right of personal freedom privacy of the accused and added that the police should have invoked the PD Act after the cancellation of the existing bail of the accused, which had already  been granted by the magistrate court in the four cases. He said that the police had not mentioned the names of the accused in the four chain snatching cases cited by them before the Telangana High Court to support their decision for invoking the PD Act .

Eligibility to become  Public Prosecutor in India

Public Prosecutors are the advocates of Government and are in charge of the appeal, trial, and all other court processes. Primarily, conducting a pre-trial investigation in a civil or criminal case, supervising the implementation of penalties, defending the rights and interests of persons and the State by following the measures established by law, and submitting claims and applications to courts in cases as needed by law will be included in your responsibility as a public prosecutor.

A Public Prosecutor should have throughout knowledge of all the laws of India. He should be an expert in studying the cases thoroughly. He should be trained in arranging for the witnesses and the pieces of evidence for any case. He should know all the types of legal notices that can be issued, which may be for and against a government organisation and of course, he should have the skill to advise the Government on different cases. To become a public prosecutor, qualities like persistence, persuasion, focus, hardworking are a must, and they should have good communication skills. In India, the salary for the job of a Public Prosecutor varies according to the jurisdiction in which they are working. These employees working under the Government are qualified to receive income as prescribed by the Government and also receive allowances and incentives. Public prosecutors are sometimes paid a fixed salary without any allowance or perks. Public Prosecutors working in the C.B.I (Central Bureau of Investigation) are paid a fixed salary without any allowances or perks.

Candidates interested in becoming a public prosecutor and making it a full-time career must be law graduates approved to practice in the law field in the given jurisdiction. In many cases, the requirements of experience in this post should be there, and they must go under investigation in a criminal background. From jurisdiction to jurisdiction, the requirements are specific and are different in every jurisdiction, so you should investigate it carefully when they wish to work in those of the jurisdiction. A Public Prosecutor or Assistant Public Prosecutor who is being appointed must have at least seven years of experience as an advocate for the motive of the appointment of a Public Prosecutor or Additional Public Prosecutor. The candidates must have at least ten years of experience as an advocate for being appointed as a Special Public Prosecutor. When the district magistrate is consulting the Sessions Judge, the session judge has to prepare a board of persons qualified to be appointed as the Public Prosecutor at the district level. A Public Prosecutor is appointed by the State Government for the district when a panel of names mentions their names prepared by the District Magistrate under sub-section (3). Among the Asst. Public Prosecutors a Public Prosecutor can benefit by interacting with the Public Prosecutors appointed from the Bar by the Sessions Judge's consultation and vice-versa. The Criminal Procedure Code doesn't explain the extension or renewal of the term of a public prosecutor. The Government has already decided and fixed the term of a Public Prosecutor. The State and the Central Government may appoint a Special Public Prosecutor who has been an advocate for at least ten years for any case or class of cases.

Candidates who aspire to become public prosecutors must appear for the Union Public Service Commission exam (UPSC). There is an interview after the written test. The candidates who will get selected will be informed through email. A candidate must have practised as an Advocate for a minimum of seven years. A Public Prosecutor is also known as a P.P. An advocate who denotes the people of the State or the State in a trial of a criminal case is called a Public Prosecutor. India's current criminal justice system is based on the fact that any crime that any person or group commits against others is considered to have been committed against society. The reproach for any crime and the prosecution is not the victim of the State; instead, it is the responsibility of the State. Any prosecution on behalf of the State is always conducted by the Public Prosecutor. The Prosecutor who works for the public has to play his role critically in maintaining impartiality and purity in the area of criminal justice administration. Prosecutors have been associated either with the adversarial system of common law or the inquisitorial system of civil law. Prosecution means the legal parties who are responsible for presenting the case against any individual, and the individual who's against the case has been presented is called the defendant.Candidate's age must be between 35 years and 45 years of age at the time of applying (The maximum age limit of the candidates belonging to the Scheduled Tribes, Scheduled castes, and Other Backward Classes shall be may be decided from time to time by the Government from)

To become an Assistant Public Prosecutor, Under Section 25 of the Criminal Procedure Code, An Assistant public prosecutor is appointed in all districts to conduct prosecution in the magistrate courts. Candidates who are Law graduates and have experience of a minimum of two years at any bar council at the state level and are not more than 35 years of age can apply for the public prosecutor position. The written and viva examinations are conducted by the respective State Public Service Commission departmentto fulfil the selection criteria. The written examination will include questions from procedural law, general English, criminal law, and some other miscellaneous laws. Direct appointment of Assistant public prosecutors shall remain for two years of the probation period, and those otherwise enlisted will remain for one year as ordered by the competent authority.

In India, there are great opportunities for prosecutors. Positions at entry-level are also available for the new attorneys who have offered their services or gained experience through working as an intern while being in law school. Experience in trial priorly is usually required. Prosecutors who already have state-level experience may desire to move into working as a prosecution at the supreme court. Options like working in a private law firm, working in a corporation, or working as a judge are the other possible career opportunities. The Job of a Public Prosecutor needs a great amount of responsibility. A Public prosecutor is appointed under Section 24 of the Criminal Procedure Code, which comprises any person acting under the commands of a Public Prosecutor.

Assistant Public Prosecuter Syllabus 2022, Exam Pattern, Exam Date 2022

Detail Information about KEA (Karnataka Examination Authority) has published notification 2022 for the recruitment of Assistant Public Prosecutor vacancies. Those Candidates who are Interested to the following vacancy and completed all Eligibility Criteria can read the Notification & Apply Online. In this page we provide the Complete Syllabus of this Recruitment with Latest Update Exam Pattern and the Exam Date also.

KEA Assistant Public Prosecutor Syllabus 2022 - Overview
 

KEA Assistant Public Prosecutor Syllabus 2022

Reasoning & Mental Ability

1. Mirror Images 2. Grouping Identical Figures
3. Figure Matrix Questions 4. Problem on Age Calculation
5. Decision Making 6. Inference 7. Analogy
8. NonVerbal Series 9. Test of Direction Sense
10. Number Series 11. Alphabet Series 12. Arguments
13. Ven Diagram 14. Blood Relations
15. Coding and Decoding  15. Number Ranking
16. Arithmetical Reasoning

Civil Laws & Acts

1. Code of civil procedure 1908   2. Cyber Law
3. Transfer of Property Act,1882   4. Indian Contract Act,1872
5. Specific Relief Act,1963    6. Indian Constitution
7. Limitation Act     8. Code of Criminal Procedure-1973
9. Indian Penal Code-1860 10. Indian Evidence Act,1872

Law Paper-I

1. Framing of issues  2. Framing of charges
3. Principles of Pleading  4. Drafting of pleadings

Law Paper-II

1. Code of Criminal procedure -1973  2. Indian Evidence Act,1872
3. Indian Penal Code-1860

Law Paper-III

1. Constitution of India   2. Cyber laws
3. Code of Civil Procedure-1908 

KEA Assistant Public Prosecutor Exam Pattern 2022

Prelims Exam
 

Main Exam
 

Exam Date : Update Soon

Starting Date of Application Form : 10th October 2022

Last Date of Application Form : 08th November 2022

Total Post : 124

Source :

Karnataka Education Authority (KEA)

http://kea.kar.nic.in/

The idea of a prosecutor working for the public is one of the most important components of the justice system for criminal cases, and most countries follow it. A Public Prosecutor must be impartial, honest, and follow all the law provisions in India. The main objective at the back of all this work is to accomplish the ends of justice fairly and quickly.

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In India, becoming a young judge is considered a prestigious and significant achievement. To become a judge in this country, you must have a certainlevel of discipline and commitment. The Indian judicial system is designed in such a waythat there areseveral courts at various levels in every district of a given state, each with different mandates. Specialized courts exist for certain special purposes or statutes. The district and sessions courts are the highest courts in a district. Each state has its own process for selecting judges, which includes examinations and interviews. There is a lot of similarity in how different states choose their judges, but there are many distinctive aspects. It also appears that the criteriafor becoming a judge have been established to give some advantage to the local candidates. Every year, over 70,000 people apply for the Judicial Services Examination, although only 1% to 2% end up clearing the examinations successfully. Preliminary and major exams are required in all states, followed by an interview process. The entire procedure can take up to a year or more, from writing the preliminary exam to the interview phase and the announcementof the final selected applicants. For people who are interested in serving the public in a high-status position, judicial service is a viable alternative. It provides a secure and safe job opportunity with a competitive wage package.

There are two entry levelsof judicial service examinations: The lower judiciary service and the higher judiciary service.

The Lower judiciary services essentially compriseof three cadres of judges: District Judges, Senior Civil Judges & Civil Judges who are at the Junior Division. These judges have both civil as well as criminal jurisdiction. These exams are administered by public service commissions or the respective state's High Courts. They distribute advertisements and notices.

Higher Judicial Services or HJS is open for lawyerswho have some experienceunder their belt. This is usually a seven-year experience. Typically, the syllabus for these tests is the same. The additional benefit of competing and passing the higher judiciary tests is that the candidate is postedas an additional district judge, which places them above the lowerjudicial service officials. It also allows for promotion to the High Courts of respective states. The Judicial Services Examination, also known as the PCS (J)-Provincial Civil Service-Judicial Examination, is required to become a judge in the Indian Judicial Services. The PCS-J test is for law graduates who want to work as members of the subordinate judiciary. This exam is the only way for new law school graduates to become a Subordinate Court Judge. Preliminary Examination, Main Examination, and Viva-Voce/Interview are the three stages of the Judicial Service Examination.

The preliminary exam is used to screen candidates for the main exam. It consists of multiple-choice questions. For the final selection, the marks obtained in the preliminary examination are not taken into account.Theminimum qualifying marks in the preliminary examination is 60 per cent for general and 55 per cent for reserved categories.State by state, the percentages of qualifying marks differ. The mainexam is a subjective form of test,three to four papers make up the exam,and candidates' scores are used to determine the final selection. Candidates equal to three times the number of vacanciesare called for viva-voce. Candidates are evaluated on general interest, personality, and IQ, among other things, at this stage of the Viva-Voce/Personal Interviewstage. The syllabus varies across states. It is dividedinto three sections: civil law, criminal law, and a language paper.

A degree in LL.B. and enrolment or qualification to be enrolled as an Advocate under section 24 of the Advocates' Act 1961 are the requirements for appearing in the Judicial Services Examination.

For fresh law graduates the minimum requirements to become a judge or apply for the examination, are distinct from others. The minimum age requirement for a fresh law graduate is not less than 21 years and not above 35 years of age. An applicant must have an LL.B degree with all examinations cleared.

For any person who’s already a practising Advocate, Attorney or Pleader, the minimum age requirement is not below 21 years and not above 35 years of age, similar to that of the fresh law graduates, and that similarly applies to the academic qualifications as well. However, the requirements are different when one wants to practise in the High Courts and the Supreme Court.

A.    Direct Recruitment:- (a) Must be holder of a degree in Law granted by a University established by Law in India and must have been enrolled as an Advocate. (b) Must not have completed as on the last date fixed for receipt of applications, Thirty Eight years of age in the case of candidates belonging to Scheduled Caste or Scheduled Tribe and Thirty Five years of age in the case of others.

B.     Scale of Pay :- Rs. 27700-770-33090-920-40450-1080-44770

Apart from the basic salary, the Civil Judge is entitled to get many other allowances such as House Rent Allowance, Dearness Allowance, Travel Allowance, Partial Vehicle Allowance and Pension after Retirement.

C.     Method of Recruitment:- By direct recruitment on the basis of aggregate of marks obtained in a Competitive Examination (Main Written Examination and Viva-Voce) conducted by the High Court. (1) The Competitive Examination for recruitment of Civil Judges shall consist of 3 stages i.e., (a) Preliminary Examination (b) Main Written Examination and (c) Viva-Voce. The marks secured in the Preliminary Examination is considered only for Eligibility for the Main Written Examination. (a) PRELIMINARY EXAMINATION:- The Preliminary Examination shall be conducted by way of Objective Type Question Paper consisting of 100 marks and the syllabi for the said examination shall be the following, namely:- Part-A – Code of Civil Procedure, 1908; Negotiable Instruments Act, 1881; Transfer of Property Act, 1882; Indian Contract Act, 1872; Specific Relief Act, 1963; Indian Constitution; and Karnataka Rent Act, 1999. Part-B – Code of Criminal Procedure, 1973; Indian Penal code, 1860; and Indian Evidence Act, 1872. Part-C – General knowledge – Test of reasoning and mental ability. (b) MAIN WRITTEN EXAMINATION:- (i) Translation Paper (Maximum Marks 100) There will be one translation paper and the candidates will be required to translate passages in English into Kannada and Kannada into English. The Passages will be from (1) Depositions, (2) Judgments and (3) Documents. 12 (ii) Law Paper I (Maximum Marks 100) The Code of Civil Procedure, 1908; The Code of Criminal Procedure, 1973; The Indian Evidence Act, 1872; Principles of Pleading and The Constitution of India. (iii) Law Paper II (Maximum Marks 100) Framing of Issues and writing of Judgments in Civil Cases. (iv) Law Paper III (Maximum Marks 100) Framing of Charges and writing of Judgments in Criminal cases. (c) VIVA-VOCE (Maximum Marks 100) The candidates General Knowledge, grasp of principles of law and suitability for appointment as Civil Judge shall be tested. (d) COMPUTER TEST (Maximum Marks 25) The test of knowledge of computers shall carry maximum 25 marks and such marks secured by the candidate shall be considered for ascertaining the suitability and computer knowledge of the candidates and shall not be aggregated to the total marks obtained in the Main Written Examination and Viva-Voce.

"Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such Judges of the Supreme Court and the High Courts in the States as the President may think necessary," is written in Article 124(2) of the Indian Constitution. The article further specifies that if a judge other than the Chief Justice of India is to be appointed, the Chief Justice of India must be consulted.

Furthermore, these credentials are required:

·         Indian citizenship; and

·         Has served as a judge in a High Court or two or more High Courts in succession for at least ten years; or

·         Has worked as an advocate for at least ten years in one or more High Courts in a row; or

·         From the perspective of India's President, he is a respected jurist.

"Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court," is explained in Article 217(1) of the Constitution of India.

These qualifications are also required, according to Article 217(2) —

·         Citizenship of India; and 

·         has served in the Indian judiciary for at least 10 years; or

·         has served as an advocate in one or more High Courts in succession for at least ten years.

This occupation needslegal knowledge and the ability to comprehend the law from numerous perspectives. A thorough understanding of all areas of law is required. The salary scales for judges differ depending on their position. The retirement age for a Supreme court judge is 65 years, whereas for a High Court judge the retirementage is 62 years. Finally, in India, becoming a judge is not a one-way street. While the profession has a lot of prestige, it also requires a lot of hard work, training, and years of dedication upfront. A person who aspires to be a judge must also contribute to the nation's development, advancement, and a positive attitude, as well as the ability to perform under duress.

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Grounds for refusal of a Trademark application

Intellectual property rights provide for the rights to the owners of intellectual properties to preserve their ownership and to sustain and receive the benefits of their creativity and genius. Trademark is one of the most prominent intellectual property rights. A trademark is a tool that helps a company distinguish itself from other brands to beat the competition. A brand is not necessarily a trademark, but a trademark is always a brand. A trademark is a name, word, or symbol that distinguishes goods from those of other businesses. Marketing goods or services by procedure becomes considerably easier with a trademark because product recognition is secured and made easy. The owner can prevent a competitor from using his mark or symbol.

An Indian Trademark Law was enforced in the 1940s. This law was enforced because of the continuous infringement of the registered and non-registered trademarks. As trade and commerce grew rapidly after the trademark legislation was implemented, demand for trademark protection skyrocketed. The Trademark and Merchandise Act, 1958 replaced the old Trademark law. It provided better protection of trademarks and prevented misuse or fraudulent use of marks on merchandise. This act as well was replaced with the Trademark Act, 1999, by the government of India following the TRIPS (Trade-related Aspectsof Intellectual Property Rights) obligation imposed by the World Trade Organization. The Trademark Act's goal is to protect trademark users by directing property conditions and providing legal remedies for trademark rights enforcement.

Trademark identifies the owner of the product. Trademark piracy is defined as the use of a trademark for commercial gain through unauthorised or illegal means. If a registered trademark is infringed, the owner of the registered trademark can file a case, whereas an unregistered trademark's only alternative is passing off. Anyone claiming to be the owner of a trademark or claiming to have to use it in the future may submit an application in writing to the competent registrar in an authorised manner. The application must include the name of the goods, mark, and services, the class of goods and services in which it falls, the applicant's name and address, and the mark's term of use. A person here refers to a group of firms, a partnership firm, a corporation, a trust, a state government, or the federal government.

Section 9 of the Act defines the absolute grounds for the refusal of registration of the trademark. Trademarks that are devoid of distinguishing qualities or consist solely of marks or signals that might be used in commerce to represent the kind, fine, quantity, alleged grounds, values, or geographical origin, may be rejected. Acreation of time of things or the rendering of offers, or various features of goods or offerings, consisting entirely of signs or signals that have become common in today's language. That trademark is not eligible for registration. Unless it is proven that the mark has acquired a new character as a result of use before the application date. It further provides that a mark shall not be registered as a trademark if:

1.      It deceives or confuses the people.

2.      There is something that can harm religious sensitivity.

3.      It is indecent or scandalous in nature

4.      Its use is forbidden. It states that a trademark cannot be registered if it only contains (a) the shape of products that form the nature of goods, (b) the shape of goods that are required to achieve a technical result, or (c) the shape of goods that gives substantial value to goods.

5.      It is prohibited under the Emblems and Names (Prevention of Improper Use) Act. 1950.

If two marks appear to be deceptively similar, the key qualities of both must be considered. They should not be placed side by side to see if there are any design discrepancies and if they have the same personality to avoid one design being mistaken for the other. It would be sufficient if the challenged mark is so similar to the registered mark that a person who normally deals with one would accept the other if presented to him. Apart from structural, visual, and phonetic similarity or dissimilarity, the question must also be considered in terms of human intelligence and incomplete collecting. The question of his impressions is viewed as an entire third.

"It is general knowledge that 'bidis' are utilised by those belonging to the impoverished and uneducated or semi-literate class," the court said in Mohd. Iqbal v. Mohd. Wasim. Their level of expertise is limited. It is unrealistic to expect children to comprehend and comprehend the subtle differences between the two labels that can be found by comparing the two labels. Given the foregoing, the two labels appear to have a misleading resemblance."

The Act's Section 11 lays forth the relative grounds for a trademark's refusal to be registered. A trademark cannot be registered if there is a likelihood of confusion due to (I) its identity with an earlier brand and resemblance of goods or services, or (II) its similarity to an earlier trademark and similarity of goods. It also states that a trademark that is identical or similar to an earlier brand cannot be registered. Also, if, or to the extent, the earlier trademark is well recognised in India, it must be registered for goods and services that are not identical to those for which an earlier trademark is registered in the name of a different proprietor. It further states that a trademark cannot be registered if or to the extent that its use in India is likely to be prohibited by law.

Intellectual property rights are a new yet booming field of law in today’s time. Trademark is one of the most essential intellectual property rights for a business. It is essential to build their brand, their brand value and their image in the market. People need to know the grounds on which a trademark can be refused. In order to make sure that such grounds for non-refusal are satisfied, which makes it faster for the business to set up and commence their business and function as an independent brand in the market.

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Criminal law in Canada essentially governs all criminal procedures, evidence, investigations, and substantive law about all sorts of crimes in the country. Criminal law, in essence, covers all matters and instances of conduct that are prohibited by law, and not adhering to which can cause repercussions and be stated as a criminal offense.

These laws are put into place keeping in mind the safety and security of the general public, protecting societal norms and morals, and protecting people’s lives, property, and peace. They also focus on the protection of law and order in all public and private institutions and the overall preservation of the state. 

If you are someone interested in understanding Canadian criminal law or what a criminal lawyer in Canada navigates through , keep reading to find a brief guide and introduction:

Provincial vs Federal: Who does what?

While the constitution of Canada rests the power of forming criminal laws and procedures with the federal government, provincial governments also have the power regarding creating laws on certain subjects. However, if the statutes for provincial offenses ever contradict those of federal statutes, the latter always prevails in determining the verdict for the offender. 

Additionally, while provincial governments are charged with the responsibility of policing, hiring prosecutors, and handling administrative works in courts, federal governments are responsible for the appointments of supreme and county court judges. 

Can laws in Canada be changed? 

Laws pertaining to criminal offenses in Canada are also subject to amendments in light of changing societal values such as laws relating to sexual offenses and marriage. They may also change in light of technological advancement such as laws regarding telecommunication, identity theft, and credit card fraud.

Recently, there have been large-scale changes in sentencing in Canadian courts, and much more changes are anticipated. Due to growing awareness in Canadian society regarding the benefits of sentencing offenders with sentences other than imprisonment, these changes have been presenting themselves in courts. Sentences that feature rehabilitation and community service are now preferred over capital punishments.

What is the presumption of innocence?

Under Canadian criminal law, every criminal proceeding and case begins with the essential presumption that the individual that stands on trial is innocent. If court cases begin with the belief that the accused is guilty, the proceedings would be unjust. Counsels that represent the overall community are hence then held responsible to prove beyond a reasonable doubt whether or not the accused party is guilty.

Another concept related to the presumption of innocence is due process, which essentially refers to the thorough examination of all facts of each case. Due process ensures that the legal rights of all parties involved in a case are protected and that no undue damage is done to any party.

What is meant by an independent judiciary?

Any individual who is accused of a crime reserves the right to have their plea and their case be decided by an independent and impartial judge. That is to say, the judiciary should be independent of all other branches of the government so that any verdict or sentence is not influenced by any other irrelevant party in any way.

While decisions under an independent judiciary may not always make all parties happy, judicial systems must run inherently to ensure the safeguard of Canadian law. Canadian courts also believe in the openness and accessibility of courts which ensure public confidence.

Conclusion

The Canadian criminal code and pertaining laws have been established keeping in mind the safety and security of Canadian residents and the public. All of these laws have been put into place after careful consideration, and this is proven by Canada’s high rehabilitation rate for criminal offenders. 

A controversy is raging in America over Justice Alito's leaked draft judgment proposing to overturn the US Supreme Court's verdict in Roe vs Wade delivered in 1973 regarding the right of abortion.It is believed 4 other judges in the court intend to concur with Justice Alito, making it a majority judgment.

I believe Justice Alito's view is correct,and would like to give my reasons. Of course it is only a draft opinion, but knowing the judicial philosophy of the majority judges it is highly likely it will be confirmed in the final verdict.

In Roe vs Wade the US Supreme Court set up a trimester system of pregnancy in women. In the first trimester ( the first 3 months of pregnancy ) no restrictions could be placed on a woman to abort. In the second trimester, too, abortion was permissible, though the state could put some restrictions e.g. it should be done by qualified medical personnel, in licensed clinics, etc.In the third trimester no abortion was permissible unless a qualified doctor certified that the life of the woman would be in danger without abortion.

In Planned Parenthood vs Casey, 1992, the right to abortion enunciated in Roe was accepted, but the trimester system was replaced by the viability test ( i.e. at what stage of the pregnancy would the foetus be able to survive outside the woman's womb ), and the undue burden test ( i.e. does the restriction on abortion place an undue burden on the pregnant woman e.g. taking the husband's consent ).

I am not going into the questions as to when does life begin, when is a foetus viable, what are undue burdens, etc. My simple point is that under the separation of powers theory ( that each of the 3 organs of the state have their own spheres of operation and should not encroach into each other's domains ), it is for the legislature, not the judiciary, to make laws, and both Roe vs Wade as well as Planned Parenthood vs Casey made laws.

I am personally in favour of the right to abortion, but then this right should be enacted by the legislature, not created by judges. There is nothing specific in the US Constitution which gives a right to abortion. Some states in America have enacted this right, but others have not.

The rights of people in the US Constitution are mentioned in the Bill of Rights and several Amendments to the Constitution, e.g. the 14th Amendment, but the right to abortion is nowhere contained therein.

Of course there is a theory of 'unenumerated rights', i.e. there are some rights which though not expressly mentioned in the Constitution can be said to be part of it, but I do not subscribe to this view. To accept it would mean that any judge, according to his whim and fancy, can declare anything as an 'unenumerated right' and enforce it. This would lead to chaos.

In his book, ' The Nature of the Judicial Process ' Justice Cardozo of the US Supreme Court observed " A judge is not a Knight Errant roaming at will in pursuit of his own ideal of beauty and goodness ".

In his dissenting judgment in Griswold vs Connecticut, Justice Hugo Black warned that ' unbounded judicial creativity will make this Court a day to day National Convention '.

In Lochner vs New York the celebrated Justice Holmes of the US Supreme Court in his dissenting judgment criticised the majority of the court for becoming a super legislature by inventing a 'liberty of contract' theory thereby enforcing its particular laissez faire economic philosophy.

The job of a judge is to interpret the law made by the legislature, and apply it to specific cases, but not to make law. Roe vs Wade ( and Planned Parenthood vs Casey ) clearly made law, which was the function of the legislature. Hence it should be reversed.

By Justice Markandey Katju, Former Judge, Supreme Court of India

Lok Adalat has no jurisdiction to decide a matter on merits

The Lok Adalat is a dispute resolution procedure used as an alternative to the traditional court system. To put it another way, it is one method of settling disagreements. It is a venue for the peaceful resolution of disputes/cases pending in a court of law or at the pre-trial stage. Lok Adalats have been accorded legal recognition under the Legal Services Act passed in 1987. A judgment made by Lok Adalats is considered a public court decision and is final and enforceable by all parties. A Lok Adalat verdict cannot be challenged in a court of law because of the Act's provisions.

The Apex Court, in Estate Officer vs. Colonel HV Mankotia (Retired) in Civil Appeal No. 6223 of 2021, delivered a clear and convincing judgement on October 7, 2021, stating unequivocally that Lok Adalat has no authority to rule on the merits if the parties are unable to achieve a compromise or agreement between the parties. It should be noted that an Apex Court bench comprised of Justice MR Shah and Justice AS Bopanna said that the Lok Adalat's jurisdiction would be to determine and reach a compromise or settlement between the parties to a dispute. Following an examination of the provisions of the Legal Services Authorities Act, 1987, the Apex Court also observed that the Lok Adalat's jurisdiction would be limited to determining and reaching a compromise or settlement among parties to a dispute, and that if the aforesaid settlement / compromise fails and no compromise or settlement can be reached between the parties, the Lok Adalat must return the case to the Court from which the reference has been received for disposal, i.e. the High Court.

The original writ petitioner filed this appeal in light of his dissatisfaction with the impugned order dated 30.11.2013 passed by the Madhya Pradesh High Court, Indore Bench in Writ Petition No. 8074 of 2011, in which the Lok Adalat members considered the merits of the writ petition and dismissed it on those grounds.

The following is stated in para 2.1: "Following that, the appellant filed a restoration appeal before the High Court, contending that the order made in the Lok Adalat is beyond the Lok Adalat's authority and, thus, is not valid in the eyes of the law." However, the High Court denied the application, resulting in the current appeal.

The Bench addresses the issue in para five, stating that: "The brief question before this Court is whether, in the Lok Adalat convened by the High Court, was it permissible for the Lok Adalat members to consider the merits of the writ petition and to dismiss it on those grounds in the absence of any settlement between the parties? The Bench states in para six that: In determining the question mentioned above, the relevant sections of the Legal Services Authorities Act, 1987, which would have had an impact on the Lok Adalat's jurisdiction, must be resorted to, which are as follows: -

Following Section 19, sub-section (5), a Lok Adalat has the authority to determine and reach a compromise or settlement between the parties to a dispute in respect of any case pending before it; or any matter falling within the jurisdiction of, but not filed in any court for which the Lok Adalat is responsible;

Sub-section (1) of Section 20 provides that, in any case referred to in clause I of sub-section (5) of Section 19: I (a) the parties agree, or I (b) one of the parties makes an application to the Court for referring the case to the Lok Adalat for dispute settlement, and the Court is prima facie satisfied that there is a possibility of settlement; or I (ii) the Court is satisfied that the matter is appropriate for the Lok Adalat to take cognizance, the Lok Ad

Furthermore, the Act states that no matter shall be submitted to the Lok Adalat under sub-paragraph (b) of clause I or clause II by such Court unless and until the parties have been given a fair and timely chance to be heard.

According to sub-section (3) of Section 20, when a case is referred to a Lok Adalat according to sub-section (1) or when a referral is made under sub-section (2), the Lok Adalat shall proceed to resolve the case or issue and reach a compromise or settlement between the parties. Additionally, sub-section (5) of Section 20 provides that if the Lok Adalat does not make an award because no compromise or settlement could be reached between the parties, it shall return the case record to the Court from which the reference was received under sub-section (1) for disposition in accordance with the law.

According to the provisions of the Act, the Lok Adalat's jurisdiction would be to determine and reach an agreement on a compromise or settlement between the parties to a dispute, and once the settlement above / compromise fails or if no agreement on a compromise or settlement could be reached between the parties, the Lok Adalat would be required to return the case to the Court from which the reference had been received for disposal in accordance with the law.

Accordingly, the Bench concluded in paragraph 9 that, "In light of the above, the challenged decision rendered by the Lok Adalat rejecting the writ petition on merits is unsustainable and needs to be overturned and set aside." According to the experienced counsel appearing on behalf of the respondent, once the case was referred to the Lok Adalat with permission, the Lok Adalat was justified in disposing of the matter on merits. However, his contention is devoid of substance and must be dismissed entirely by the Court. The agreement to bring the case before the Lok Adalat was made to facilitate settlement and/or compromise between the parties, rather than to bring the matter before the Lok Adalat to adjudicate it on its merits. As indicated in Section 20's sub-section (5), if the parties fail to reach a compromise and/or settlement before the Lok Adalat, the case must be remanded to the Court from whence the matter was referred to Lok Adalat for determination on the merits.

As a result, the impugned judgement of the Lok Adalat, Madhya Pradesh High Court dated 30.11.2013 in Writ Petition No.8074 of 2011 is quashed and set aside. The matter has been remanded to the High Court, which will decide the merits of Writ Petition No. 8074 of 2011 in accordance with the law. As a consequence, the appeal before us is allowed. No costs order will be made based on the facts and circumstances of the case. Any outstanding petitions must also be dealt with.

Finally, the inevitable conclusion from the above reasoning is that the Lok Adalat lacks jurisdiction to hear the issue on its merits if the parties cannot negotiate a compromise or settlement. This is precisely what the Apex Court Bench of Justices MR Shah and AS Bopanna declared unequivocally, as previously discussed in detail above.

*****

Early disposal of pending cases by the High Court – Time limit to dispose Civil Cases

In multiple cases across multiple courts, the constitution of India recognises the need and right to speedy justice, which can only be achieved by quick disposal of cases from the court. In the past years, there has been an increase in the sudden need for speedy justice due to the increasing number of pending cases at all levels of the judiciary, starting at the lowest and going up to the Supreme Court. The Supreme Court has recognised a matter of fundamental right as a speedy trial, but there is no such redressal. By 2021 more than four crore cases were pending in the Subordinate courts.[1] There is a state of helplessness amongst the courts and the people due to the lack of a substantial number of judges and the large pendency of courts. The concept of speedy trial roots in the idea of a reasonably expeditious trial that follows all the essentials of a trial but is faster than the usual course of litigation. In this case, the judiciary would need centuries to clear its backlog. With the tremendous backlog in pending cases, the legal and judicial systems have agreed that the judicial system cannot cope until the number of judges is expanded by two or three. It looks as though it has been decided that a legal system capable of delivering timely justice is improbable.

Speedy justice and judiciary

Lord James Bryce once said that “There is no better test of excellence of a government than the efficiency of its judicial system, for nothing more merely touches the welfare and security of average citizen than his sense that he can rely on the certain and prompt administration of justice”.[2] Faith in the judiciary as an essential organ of the government stems from its cost-effective, accessible and speedy administration of justice. Speedy justice should create a sense of security among the citizens by assuring them that the one who does the wrong or goes against the laws of the country will be punished, and all their just grievances will be redressed so that they may not be tempted to resort to violent self-help and take law in their own hands.

The courts and tribunals of the country, in multiple cases, have established that it is essential as a matter of right of its people that speedy justice is rendered to them. However, to put into the context the utter practicalities of the functioning of the courts, the case is subjective, and so is the idea of speedy justice. This idea or right of speedy justice is primarily discussed in the context of Criminal cases, especially when imprisonment or custody is involved. It is crucial and necessary to maintain a reasonable balance between the considerations of speed and justice. A speedy trial of cases favours both the prosecution and the accused. It favours the prosecution as it does not face the problem of the disappearance of witnesses, evidence, etc. And it is in favour of the accused because if he is innocent, he will not suffer for a more extended period.  There have been cases in the past that have emphasised the need and importance of the right to Speedy justice: -

1.      In the case of Vakil Prasad Singh v. State of Bihar[3], the court has emphasised the judicial protection of the right enshrined in the constitution under Article 21 through speedy investigation and speedy justice. They believed that it is essential for the right to life and personal liberty to be protected, especially in the judicial sense and, as previously mentioned, to put into context the criminal cases pending before the courts.

2.      In the case of Santosh De v. Archana Guha,[4] the court observed that the case had been going on for 14 years, and hence, they were quashed. Furthermore, there was an unexplained delay for eight years, and the court held that it infringed the right to a speedy trial. This case well explained the need for speedy justice in such cases where there is no advancement in the proceedings for an extended period, and the accused/convict has been suffering due to the lag in the proceedings in regards to their case, which violates a person's fundamental right to life and personal liberty.

3.      In the case of Raghubir Singh v. State of Bihar[5], the court held that the infringement of the right to speedy trial could not be inferred merely from delay in the police investigation. The court pointed out that the delay was due to the nature of the case and the general situation prevailing in the country. Through the way of this case, the court rightly mentioned the need for more judges throughout the fraternity along with better redressal mechanisms and alternate redressal forums for disputes of different regards so that it can reduce the burden of the courts and increase their efficacy of work along with the lessened pendency of the cases and better quality of the judgement, since, the court will have more time to pay attention to disputes grave in nature.

Assume an in-depth examination of the evolution of swift justice. In that case, it highlights a highly pertinent and unresolved issue of pendency and a sense of confusion among the courts regarding the gravity of cases and which ones do and do not require a more rapid functioning of the law, which is caused by the judiciary's overwork at the subordinate levels. As a result, measures were enacted allowing a party to petition the High Court for an order directing the early disposition of a matter in the interest of expedited justice.

Procedure to move to HC for fast disposition of a case

There have been multiple tries to lessen the burden of the courts and the pendency of the trials, so there has been increasing focus on the idea of speedy justice in recent times. Such emphasis on this matter was done taking the help of the upper courts to help with the problem of delayed justice.

In the case of Anil Rai v. State of Bihar,[6] the Hon’ble Supreme Court laid down that if the judgment, for whatever reason, is not pronounced within six months, any of the parties to the case shall be allowed to bring an application before the Chief Justice of the High Court with a motion to withdraw the said matter and to hand it over to any other Bench for new arguments. It is up to the Chief Justice to grant the abovementioned petition or give such a different ruling as he thinks proper under the circumstances.

Sethi, J., has enumerated certain points as remedial measures that have to be considered as instructions for courts to be followed that are:

1.      Appropriate directions to the Registry may be issued by the Chief Justice of the High Court; in cases where a judgement is reserved and subsequently pronounced, a column be added to the judgement on the first page, after the cause-title, where the date of reserving the judgement and the date of pronouncing be separately mentioned by the court officer concerned.

2.      The Chief Justices of the High Courts should instruct the Court Officers/Readers of various Benches in the High Courts to provide a list of cases in which the reserved judgments have not been pronounced within that month.

3.      The concerned Chief Justice will bring the pending matter to the attention of the concerned Bench if the judgement is not pronounced within two months after the conclusion of the arguments. The Chief Justice may also determine that it is necessary to circulate the statement of such cases in which judgments have not been rendered within six weeks of the conclusion of the arguments among the High Court Judges for their information. This type of communication is sent in a sealed envelope with "confidential" written.

4.      Where a judgment is not pronounced within three months from the date of reserving judgment, any of the parties in the case is permitted to file an application in the High Court with prayer for early judgment. As and when filed, such application shall be listed before the Bench concerned within two days, excluding the intervening holidays.

Application to be made to the HC

A person can file an early application before the High Court, seeking to dispose of a certain case within a specific time limit. The High Court can give directions to the subordinate to dispose of the case quickly and can even prescribe directions to the subordinate to conclude a case within a certain time limit.

After receiving such directions from the High Court, the subordinate court considers such a case as a priority case and will make sure that such a case is disposed off at the earliest, without compromising the due care taken by the courts and following the requisite procedures. However, an exemption to this clause exists if the matter has been pending before the court for an extended period of time and has been stagnant or if the case has made no definitive progress.

The stage of the case is also essential because the application can only be moved after evidence has been gathered, cross-examination has been completed, and the case has reached its final argument stage. The Constitution of India under Article 227 empowers every High Court should have authority over all courts and tribunals in the territories over which it has jurisdiction.

Karnataka Case Flow Management Rules

The said circular bears No. LAW 294 LAC 2005 dated 18.03.2006 issued by Law, Justice and Human Rights Secretariat, Government of Karnataka, Bengaluru

SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS
the Karnataka High Court has launched the Case Flow Management system.

The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.

It divides cases into four tracks. 

Disposal in 9 months:

In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.

Disposal in 12 months:

In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.

Disposal in 24 months:

Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights. 

Disposal in 24 months:

Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier. 

The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.

The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.

Conclusion

To conclude, it is essential to mention that inordinate delay has become a common feature of the Indian legal system. There is a need to enact a new comprehensive law on the speedy trial of cases, and laws should be suitably amended to achieve the object of speedy trial of offences. There should be an awareness campaign for speedy trials of offences.

Delay in the dispensation of justice is not good for any society. It leads to distress, damage, and resentment. It can ultimately lead to anarchy and chaos. As a result, people take the law into their hands and try to be vigilant. So justice in general and speedy justice, in particular, is essential for the system to survive and run.

******

[1] https://prsindia.org/policy/vital-stats/pendency-and-vacancies-in-the-judiciary.

[2] https://thenationonlineng.net/imperative-of-an-independent-judiciary/.

[3] Criminal Appeal No. 138 of 2009.

[4] 1994 SCR(1) 549, 1994 SCC(2) 420.

[5] 1987 AIR 149, 1986 SCR(3) 802.

[6] Appeal (crl.) 389 of 1998.