Monday, February 18, 2013

SC- Hindu Woman Entitled to Same Property Rights as other Male Siblings

The Supreme Court in the case of Ganduri Koteshwaramma & Anr. vs Chakiri Yanadi & Anr. held that a Hindu lady will have equal property rights as her other male siblings, for partitions made in intestate succession after September 2005.

A Division Bench of Justice R.M. Lodha and Justice Jagdish Singh Khehar upheld the order of the trial court while also setting aside the judgment of the Andhra Pradesh High Court’s decision which did not recognize the same property rights of Hindu daughters as their brothers. The Apex Court held that

Tuesday, February 12, 2013

Trademark Dilution: Yea or Nay

(Also read our previous post on the basics of 'Trademark Dilution')
“None should be continued to be allowed to use a world famed name to goods which have no connection with the type of goods which have generated the world wide reputation.”[1]
-         Justice M. Narain

In today’s world, where consumers purchase products not based on quality or usefulness, but instead are carried away by the brand name and trade symbol which accompany the product, protection of the distinctiveness of a trademark is of the utmost importance. Trademark dilution is a claim which the owner of a famous trademark can make to prevent others from using a mark which decreases the value or distinctiveness, or tarnishes the reputation, of the famous mark.[2] Many scholars argue

Saturday, February 9, 2013

Cash Compensation Received by a Member of Housing Society Under Redevelopment Scheme, “Capital Receipt” not “Revenue receipt”

The Income Tax Appellate Tribunal at Mumbai, in the case of Kushal K Bangia, Mumbai v. Assessee  (ITA/No. 630/Mum/2006) (the entire case can be found here.) ruled that the cash compensation received by a member of the housing society under a redevelopment scheme from a developer should be treated as a “capital receipt” and, therefore, would not be taxable as “revenue receipt” in the hands of the member. As a result, the compensation would reduce the cost of acquisition of the new flat at the time of computing the capital gains in respect of the said new flat. The brief facts

Sunday, February 3, 2013

Bringing Home the Law: Getting Domestic Workers within the Ambit of Labour Law

Also read our other article on Bringing Domestic Workers within the Ambit of Labour Law by Shashank Sahay

§  Introduction:-
 Domestic workers carry out a range of household services, from providing care for children and elderly dependents to cleaning and household maintenance. In India, It is one of the largest sectors of work in urban areas and an important source of employment for women. These workers are many times deprived even a single day off in the entire month. Some domestic workers are live-in and may be made to