This Constitution Day, let us thank lawyers | Lawyered.in

This Constitution Day, let us thank lawyers who have worked with integrity and justice in their minds, for the sake of making the society a better place.

Advocate Harish Salve

In a profession often perceived to be money-grubbing, a few lawyers reinstall the faith of a common man in the noble profession by setting an example of public duty.

Advocate Harish Salve, one of the finest brains in the legal circles, represented India in the ICJ to successfully defend the execution of Kulbhushan Jadhav for a fee of Rs. 1.

This Constitution Day, let us thank Advocate Harish Salve and other lawyers who continue to work with dignity, keeping the nation's interest ahead.

Advocates Arundhati and Menaka spearheaded the fight for the rights of the LGBTQ community that has battled on both social and legal fronts for their freedom to express love.

The revolutionary advocates were successful in striking down the 158-year old British law. Their relentless fight for justice inspires the community to progress collectively and to make an effort to understand, accept, and love.

This Constitution Day, let us take a moment to thank these lawyers for their noble contribution to the democracy of India.

Advocate Shreya Singhal, a 28-year old lady left no stones unturned to restore the faith of a common man in the noble profession.

In quashing Section 66A, in Shreya Singhal, the Supreme Court has not only given afresh lease of life to free speech in India but has also performed its role as a constitutional court for Indians. Freedom of speech and expression is our fundamental right under article 19 of the Indian constitution.

Let us come together to thank Advocate Shreya and all other lawyers for their contribution towards society.

Click the link and join us in thanking our lawyers: http://bit.ly/thankyoulawyers

Corporate Law is not only About Drafting Agreements?

The general perception of corporate law is that it involves drafting various legal agreements such as joint venture agreements, shareholders agreements, licensing agreements and government contracts. Since this work depicts a major portion of the practice of corporate law, it leads one to think that this is what corporate lawyers must be doing. This assertion is partly correct and partly incorrect. It is incorrect because corporate law is much more than only drafting agreements. It is an entire field of law that governs corporations and ensures that they run their business smoothly. This article highlights other aspects that come under corporate law and puts forward the case that corporate law goes beyond merely drafting agreements.

CORPORATE LAW- AN OVERVIEW

In a general sense, corporate law governs the working of corporations and their businesses. Corporate lawyers deal in a host of areas such as setting up a corporation, organizing its structure, ensuring compliance with relevant laws and regulations, raising capital, restructuring liabilities and protecting intellectual property. In addition to this, they also advise their Read More 

Case Study On Contract Arising Out Of A General Offer

Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1 is one of the most leading matters relating to the contract arising out of a general offer law of contracts under common law. This case is known for both its academic importance as well as its contribution to the expansion of the laws regarding unilateral contracts.

The contract arising out of a general offer: Carlill v. Carbolic Smoke Ball Co

In this matter, the defendants had advertised their product Carboli Smoke Ball for a preventive remedy against influenza and in the advertisement, they offered to pay £100 as reward towards anybody who contacted influenza, cold or any other disease caused after having used the product in the set manner. The petitioner depending on the advertisement bought a Smoke Ball and utilized the same as per the directions, nevertheless, she still caught influenza. Therefore, she charged the defendants to claim the reward of £100. It was stated that this being a general offer furnished to all the world had developed into a contract with the petitioner by her action of performance of the essential conditions and therefore accepting the offer. Hence, the petitioner was held eligible to Read More 

Concept of White-Collar Crime

Almost all societies have certain norms, beliefs, customs and traditions which are implicitly accepted by its members as conducive to their well being and healthy development

White-collar crime can be referred to as the crimes which are done as a motive of financial benefit in business and there is an absence of any violence. Such crimes are committed by the people who are highly educated and belong to the high-class of society.

It can be defined as the crimes that are committed by the highly professional and reputed people. These people, who are committing such crimes, are educated and intelligent people, who are well researched and have a better knowledge of technology and other resources. We will usually find these white-collar crimes happening in a big reputed organization which are involved in various activities. When we talk about professional groups the very obvious fields that pop into the mind are the medical, legal, engineers, trade, etc.

Such crimes deal with such high profile fields. White-collar crime majorly can be differentiated by the class of the people-crimes committed by the low class or uneducated group of people are regarded as ordinary crimes whereas the crime committed by educated or high-class people are referred to as white-collar crimes. These people execute crimes in a very well planned manner so that they can escape and maintain the dignity and self-respect that they have in society.

Let us first understand as to who first introduced the concept of white-collar crime and what he meant by the concept of white-collar crimes:

American sociologist Mr Edwin Sutherland in the year 1949 defined white-collar crimes as ‘‘approximately as a crime committed by a Read More 

Intellectual Property and Startups: Correlation and Impact

In the present aggressive condition, advancement is the pillar for each business that prompts the improvement of protected innovation. Recognizing, creating, and utilizing development gives a focused edge and helps in long haul accomplishment of the organization. Protected innovation isn't constrained to innovation organizations, yet is profitable for each business which puts enormous aggregates in innovative work for making indigenous items and administrations.

An organization ought to be proactive in executing IP answers to distinguishing novel developments and increment incomes. A well-characterized IP objective can bring about accomplishing business targets and help position the business as a pioneer in the commercial centre. With the development in business incomes, the IP procedure can incorporate ensuring the novel parts of the advantages and encourage advancements to investigate new geologies.

An organization must assess its current licensed innovation to decide if it is by business goals. This encourages the organization to recognize better approaches to use protected innovation through authorizing openings. Fruitful organizations must search for new roads to extend their item contributions, increment their business income, and attack into new advertises.

An association's patent portfolio is imperative for its future accomplishment along with its different protected innovation resources as Read More 

The Importance of Intellectual Property Rights to Businesses

‘Intellectual Property’ extensively refers to the fabrication of a rational human mind. Intellectual Property Rights or Intangible property rights rifely refer to those rights awarded to a person on such creation. It is a hamper consisting of many rights. A business organization is an economic system where goods or services are exchanged for money.

The world economy has witnessed unfathomable transformation due to the changing conditions which help in the determination of the wealth of nations. These changes have led to an increase in commercial flow whereby the interest in Intellectual Property has increased and the activities related to their protection. The technological advances in areas such as computing, chemistry, interalia have led to the demand for the creation of new forms of protection and the acclimation of existing ones.

Intellectual Property plays a pre-eminent role in any business entity and lies at the core of it. A business entity should be driven in identifying and implementing IP solutions which will, in turn, help the company reach new heights of success. The myth that only lawyers can handle or deal with IP assets is a hoax because in order for a company to position itself as a leader in the marketplace it is of utmost importance that its IP assets are managed and strategized as required. Development of skills and competence to manage intellectual property assets has become mandatory for sustainable competitiveness. Management professionals are best suited to manage and commercialize these assets in order to generate revenue.

Knowledge has become a crucial factor in differentiating enterprises from their competitors. 21st century has been called the century of knowledge. As Henry Ford has aptly stated that the only real security a man has in today’s world is the reservoir of knowledge. However, it is of Read More 

Different Types Of Website Policies

A website contract is crucial for any business to keep the business people connected with the users. There are various types of agreements such as Website terms & conditions and privacy policies.

Each website's T&C's and privacy policies are different and, need not be the same. The right to decide the policies rests with the website owner. The policies must be adaptable, easy to understand and, acceptable by law.

Terms and conditions for a website act as a basis for a website, before getting into a final agreement with the user. They help in imparting the knowledge of the rules and regulations and business risks involved. Sometimes, the user may be required to sign a disclosure form.

There are two approaches to make users agree to the terms and conditions. These are Browse wrap and Clickwrap, and the second is preferred over the first. This is due to the confirmation by the user that he has agreed to the specified terms and conditions. The latter does not provide any Read More