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  Hello friends today we will discuss about the concept termed as frustration of contract. It is originated from the Roman laws. In India, it is defined under Sec 56 of the Indian Contract Act, 1872, which says that an agreement to do an impossible act is itself void. Further, in case a contract was possible at the time of agreement but becomes impossible afterwards, it also comes under this purview. Moreover, it also contain provisions for compensation in case the other party having knowledge about the impossibility of a particular act, still enters into a contract for the performance of the same. Sometimes, people get confused between Sec 32 and Sec 56 of the Contract Act, however, there is a thin line between the two. Sec 32 of the Act deals with the contingent contract whereby happening or non-happening of an event governs the contract thereby making it as a void contract in case of such violation, in contrast under Sec 56 of the Act, as already discussed, the performance becom...

Hello friends today we shall talk about various aspects of the limitation act governing the arbitration proceedings. Although there are no specific sections in the limitation act regarding the arbitration proceedings. But still some provisions of Limitation Act are applicable on Arbitration proceedings, let us see how. Sec 21 and 43 of the Arbitration and  Conciliation Act Sec 43 of the Arbitration Act stipulates that the Limitation act will also apply to arbitrations as it applies in Courts.  For purpose of this section, date of commencement of arbitration proceedings shall be computed in accordance with Sec 21 of the Arbitration Act according to which unless otherwise agreed, arbitral proceedings are deemed to commence on the date when a request to refer a particular dispute for arbitration is received by respondent.  Moreover as per Sec 43 , in case an arbitral award is set aside by the court, then time taken during such proceedings shall be excluded for the pur...

H ello friends, today we shall look into the situation where any person is being charged of copyright infringement. In this article we will focus only about one of the specific provisions of the Copyright Act i.e. Sec 63 of the Copyright Act, which defines the copyright infringement to be a criminal offence prescribing both punishment and fine.   SEC 63 OF THE COPYRIGHT ACT As per this provision, it is defined that any person who knowingly infringes or abets infringement of copyright in a work or any other as conferred by this Act except as provided under Sec 53A of the Act (which talks about resale share rights in original copies), shall be punishable with imprisonment of minimum 6 months which can even extend to 3 years. Moreover, such person shall also be made liable to pay a fine of rupees fifty thousand to two lacs rupees as the case may be. Any construction work which infringes or liable to infringe any other work once completed shall be excluded from this section. ...

 Hello friends today we shall talk about the procedure for registration of marriage in Delhi.   ELIGIBILITY The marriage must have been solemnized either under the Hindu Marriage Act or under the Special Marriage Act, The Groom must have attained the minimum age of 21 years. The bride must be of the age of 18 years at least.   DOCUMENTS REQUIRED Photo ID proofs of both the parties like Aadhar card / PAN card / Voter card Date of birth proofs of both parties like 10 th certificate, etc. Permanent address proof must be there . Marriage photographs and Invitation Card. Passport Size Photographs of both parties. 2 witness in case marriage registered under Hindu Marriage Act or 3 witnesses in case it is registered under the Special Marriage Act along with their respective proofs like PAN CARD/ AADHAR CARD etc. An affidavit from both parties certifying the date of their marriage and more specifically stating that the marriage has not been performed between pers...

 H ello friends, today we will talk about few provisions of the Limitation Act, 1963 governing the extension of the time for instituting a case against the person who has committed default in court of law. Normally, the period of limitation in cases for recovery of money is 3 years from the date of accrual of cause of action. However, there are certain provisions mentioned in the limitation act where this period can be extended in certain peculiar circumstances as explained below: Sec 18 of the Limitation Act As per this provision, if there is an acknowledgment made in writing before the expiry of the prescribed period of limitation by the person against whom such right is claimed or by anyone upon his behalf, in such an event a fresh period of limitation is started to institute action. Thus, a suit for breach of contract may be filed even after expiry of prescribed period of 3 years in case it is accompanied by an acknowledgment in writing by the person against whom it is bein...

Hello friends today we shall discuss about the topic “prior user” in context of intellectual property rights. As the name itself suggests the term prior user means the any person/entity etc. who is using a trademark from a long time without even registering it. Due to the recent developments in the area of intellectual property rights, the concept of prior user has gained much importance and in recent case laws, many times it was observed that even if a person is rightful owner of an intellectual property right say for eg a trademark with respect to the particular mark, even then he cannot restrain any person who has been using a similar mark from a long period of time.       Sec 34 of the Trademark Act, 1999 This section aims at providing protection to the users/owners of a particular trademark who has not registered their mark with the Trademarks registry but are using the same before anyone else thereby granted protection under the head “prior user”. However, t...

H ello friends today we will discuss about the copyright law in India. Copyright is a form of intellectual property that gives the rightful owner an exclusive right to make copies of a creative work. Such right given by law to the creators of original work may extend in the areas of literature, drama, music, art, movie, software, sound recordings, etc. In simple words, we can say it is a right to copy. It is governed by the Copyright Act, 1957. Copyright legally protects your work and prevents unauthorized usage with respect to musical works, literary works like books and manuscripts, cinematography films, fashion designs, artistic works like paintings, performances, software and other computer programs and compilations. Work will be protected in several countries although work being first published in India, since India is a part of many conventions.       REGISTRATION   Although registration of copyright is not mandatory in India still it is advisable to g...