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INTRODUCTION  Hello Friends, today we shall talk regarding the steps one should take once a court decree / order is being passed in favor of a litigant. This happens once a particular litigant eventually wins a case filed before the court of law. The process of realizing the fruits of the case can be termed as execution. Now, in simpler terms it can be understood that broadly two types of execution may take place:- 1. WITH RESPECT TO CERTAIN SUM OF MONEY e.g. a MONEY DECREE; 2. WITH RESPECT TO A CERTAIN IMMOVABLE PROPERTY   Let us discuss the above two scenarios one by one: If A files a case against B for recovery of sum of money and eventually wins the case, in such a scenario, B has to pay the said amount to A. However, if despite the said order, B refuses to pay the said amount or delays the payment, in such an event, A can file a case for execution against B for executing the said amount. This can be done either by attaching the movable properties of B or attaching the imm...

Hello Friends, today we shall know about the basic difference wrt the said topic in terms of a trademark application. As you all know, for using a particular mark, it's better that the same is to be registered. For registering a trademark, one needs to file an application before the trademark registry. Now, when the said application is under process, the applicant might come to encounter certain specific terms, the two of which mentioned above are being discussed herein :- 1. OPPOSITION  2. RECTIFICATION  Once a particular mark / logo has undergone the initial scrutiny, the same is shown as ACCEPTED & ADVERTISED" in the status of the particular application. After this stage the said mark is generally kept open to opposition from any third party for a certain period say about 4 months, and in case no opposition is filed, the said mark is granted registration. However, in case any of the public at large found the said mark to be in conflict with any of its marks, the said ap...

Hello friends, today we shall talk about some of the differences between co-owner and concept known as a derivative title. In simplier language, a co-owner is a person who shares the joint right/title in a property. On the other hand, a person enjoying the derivative title, is the person who also enjoys a right in a property however it enjoys a right which is only inferior or to a lesser extent than that of the original owner. Secondly, the persons share in a co-ownership does not come in way to restrict his / her right in terms of enforcing the same against any third party. eg, suppose a person A and B are co-owners of a piece of land, wherein A has major share of say 70% & B has a share of 30%. Now say a person C has come and is trying to trespass in the said property without any authority. In such event, either A or B has full rights jointly as well as severally to institute a case in court of law and restrict C from entering. Here, either A or B can file a case and extent of th...

Hello friends, today we shall discuss about the electronic evidence which is produced in court of law. Before moving ahead, we need to know what is exactly be defined as an electronic evidence in common terms. Let us understand it with an example. Suppose in a case there is a sale deed which is filed during the course of proceedings. Now at the time of evidence, the said party is required to produce before the court the original of the said sale deed. Now for e.g., in case any information is in form of electronic evidence, i.e. to say that a print-out or a recording in form of CD or pen drive etc., in such an event, the said CD or pen drive, contains the information, which is generally stored in an mobile phone or in an computer. Now, in common parlance it is not feasible to bring the said device before the court of law. Thus, the question arises as to how to prove the said document stored in an electronic device? To answer the same, we need to discuss regarding Sec 65 of the Indian Ev...

Hello friends, today we will see how the stipulated period / cooling off period of 6 months can be waived off fighting a case for mutual divorce. Generally when parties come to an agreement that they shall be seeking divorce on mutual terms, the same is completed through court of law by filing two motions / petitions commonly termed as First Motion and Second Motion. Now, what is important here to note here is that there are certain conditions and only upon fulfilment of the same, these 2 motions be filed and the same is enumerated as hereunder:- Both husband and wife before filing a petition for mutual divorce i.e. First Motion are required to be living separately for atleast a period of 12 months. Living seperately here means that both the parties have not lived as husband and wife for the last 12 months. Even if both parties are residing under the same roof, it can be said that they have lived separately provided that they have not lived as husband & wife i.e. not cohabitated fo...

Hello friends, today we shall talk about the necessary pre-requisites a young lawyer shall take into account before arguing a matter at the stage of final arguments. This is one of the most crucial stages of the case in deciding the final outcome of a particular case. Generally, not much of a time is given to argue a particular case. In other words, a limited time is allotted to address your arguments. Thus, the arguments is to be prepared in such a manner that the important points to be addressed in most concise manner so as to clearly convey your point with utmost clarity. Hence, following are some of the most relevant points one should keep in mind before preparing for arguments:- Firstly , you should be well aware of all the facts and circumstances of the particular case file. This means that you must have gone through the entire case file in detail before the day of the matter. It includes reading of the plaint/complaint, written statement, replication. This can be followed by a l...

Hello friends, today we shall discuss certain points to be kept in mind before drafting a written statement. Normally when a civil case is filed in a court of law, the person against whom the same is filed is required to file a written statement. In simple terms, it can be referred to as the reply. TIPS TO DRAFT A WRITTEN STATEMENT/REPLY 1.  First of all, just read the case which has been filed and ensure that the same is complete in all   respects. 2.   Then it is to be seen what all legal defects the particular case has and same has to be mentioned in written statement under the head "Preliminary Objections". The said objections can be anything which is inconsistent with existing law. For e.g, it can be relating to the law of limitation, other party not coming with clean hand and suppressing vital facts, for example case under reply been filed in wrong court   having no jurisdiction, etc. 3. After that the written statement be continued by replying to the fact...

INTRODUCTION   Hello friends, as already discussed in our earlier blog that after filing an application for trademark in India, it can be followed by a report of the examiner pertaining to the objections if any regarding acceptance/refusal of the particular mark. Today we shall discuss about the plausible deniability of the objections which might be raised by the examiners by filing detailed reply. HERE ARE SOME TIPS FOR DRAFTING A REPLY TO THE EXAMINERS REPORT    Firstly , Peruse the examiners report very carefully and analyze, on what grounds the particular mark has been objected. In other words, check whether the mark is objected on absolute grounds or on relative grounds.  Secondly , in case the mark is objected only on absolute ground, in such case, kindly check whether your mark is objected for want of distinctiveness or on account of being descriptive in nature. In both cases, you may draft the reply in such a way that the examiner is convinced that your ...

INTRODUCTION  Hello Friends, today we will discuss on the kind of objections one might encounter while registering a trademark in India. The objections are usually communicated to the applicant through an examiners report. As very clear from the name itself, examiners report simply means the report which is prepared by the examiner once an application for registering a trademark is being filed. The said report contains different objections with regard to the registration of the said mark. The detailed analysis of objections that might be put forth by way of the examiners report is discussed below: TYPES OF  OBJECTIONS 1. ABSOLUTE   2. RELATIVE  Absolute Grounds of Refusal Such type of objection is taken when the applied trademark is incapable of distinguishing the goods or services of one person with those of another. In other words, such objection is taken when such mark does not contain any type of inherent distinctiveness of its own. This type of objection is...

HELLO FRIENDS, today we shall delve into the process of executing a money decree awarded by a civil court. It is hard reality that even after obtaining a favorable order from the court of law, the interested parties need to wait for the real receipt of the money i.e. to say for the execution of the decree. Stages / steps for the realization of actual money are as under: Immediately after passing of the decree, the person in whose favor the order is passed i.e. the plaintiff has to apply for the certified copy of the decree / order  / judgment. Thereafter the said person is required to wait for the realization of the decree. Normally, the period of payment of money is mentioned in the order. Even otherwise, the plaintiff needs to wait for a period of atleast 90 days before filing the petition for execution in case the other party fails to pay the said amount. The said time of 90 days is basically the time period within which the other party against whom the order is passed can appro...