Atif Shaikh
04 March 2016 at 16:02
IN WHAT CLASS OR CLASSES OF GOODS OR SERVICES DOES A WEBSITE FOR ONLINE SHOPPING FALL?
KISHORE KUMAR JOSHI
26 February 2016 at 17:33
Can a director of a Pvt.Ltd company pay rent from his account by cheque to the landlord on behalf of the said company ?
Mohit Singh
25 February 2016 at 18:39
Hi,
can I please get information for any good lawyer delaying into property related matters based out of Rajasthan?
Prasad
20 February 2016 at 10:00
Sirs.
i have an uncle aged 80 cardiac patient unmarried .He have 3 sisters by name x,y,and z aged 84 82 79. his sister X stays in same district which is 27 km from ancestral house and she has 3 daughters and 1 son ( stays along with uncle--man described as above) His sister y aged 82 stays in pune with his only son . His sister Z aged 79 stays 27 km from ancestral house and a BP patient too have 5 sons- 2 employed in Bangalore comes once in month or before and 2 son employed in US and 1 son in same place as of uncle. As this uncle as stated above have cardiac probs aged and NOW okay . In future if he is bedridden or even tomorrow bedridden who has to look after him
Now also nobody bothered to look after him . i being a neighbour give food to him for dinner( as i am employed after leaving service and wife working as teacher comes home only in eve). Uncle takes breakfast and lunch in near by hotel . Please guide me who has to look after this uncle
Tanu
18 February 2016 at 17:14
Sir I have purchase a piece of land which is agricultural and mutation is done on my name but he is not ready to give possession on that land what should I do??
Roshini Arya
18 February 2016 at 15:01
Hello Experts
I would like to know what is the procedure for filing a new patent in India and if the same can be also granted a patent globally.
As for India is there a fixed procedure or different for patent types.
Also what is the process to file an international patent for an invention made in India.
Post filing of the patent how soon is applicable to the patent holder
Please guide me
Brahm Prakash
16 February 2016 at 12:35
Hello All, Hope you are doing well. I have a query regarding copyright of the contents of website of the company. Acquisition of copyright is automatic and it does not require any formality. Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright. Can the Company use the following on its website, without getting registration of copyright under copyright act: Copyright @ 2016, ABC Limited
Regards, Brahm Prakash
KUMAR
10 February 2016 at 10:09
Sir,
i had gone through your several posts and i m very much impressed with your logics and way of answering.This is the reason why i m sending you this mail in my hours of crisis.My Grandfather was serving as a teacher and
he had four children, two sons and two daughters. My father is elder amongst all sibling.since my Grandfather was working as a teacher , so he use to come home town occasionally.In the absence of my Grand father ,my
father was performing the role of guardian(KARTA OF A HINDU FAMILY).My father had performed all his duties and responsibilities with honesty.He never used any means to get personal property.As a KARTA of a Hindu
family he had done the rituals of my Grandfather and Grandmother, done the marriage of both his sisters and brother(my uncle),built a house on ancestral land and supported whole family by all means(my mother was
a teacher and she had paid for all those things).Even my father helped my uncle financially when he was studying(now he is a professor in a college).My father sold some pieces of land at the same time he purchased
some pieces of land also, when my Grandfather was alive(he done all these things with the permission of my Grandfather only and all purchased land is registered in the name of my Grandfather only). Now the situation
has changed and my uncle has filed a partition suit in the court of SDM and made his both sisters shareholder in the ancestral land(Although sisters are not in the favour of taking any share as they are satisfied with what they
got during marriage and they are in the favour of my father,they can give it in written also).
NOW MY QUESTIONS ARE:-
(1)My father has not received the partition suit notice filed by my uncle because he was not available that time(although my father has a copy of that).what happen when he will not receive notice again and again??how he can
avoid to receive the notice???
(2)My Grandfather`s Grandfather had 120 acres of land and he had two sons (one my Grandfather`s Father and one more).60-60 acres of land were divided between my Grandfather`s father and his brother.my Grandfather was
two brothers and each of one got 30-30 acres of land.but all the partition was done verbally and not by any court also there was no written agreement made.Till now even mutation was not done and all the lands are in
the name of my Grandfather`s Grandfather only.In this situation how partition will take place??will it start from my Grandfather`s Grandfather???
(3)My uncle wants to get 1/4th share in the land which my father had sold when my Grandfather was alive(with my Grandfather`s permission only and sold land value was used to purchase other land).
Is it possible that my uncle will get share in that sold land???
(4)My father`s both sisters are not interested to get any share in any land.They are willing to give it in written also.but my uncle had made both of his sisters share holder without their knowledge.in fact by doing this
he wants to pressurise us.How my father should go ahead in this case???
(5)What remedial actions should be taken by my father in this situation??From where to start and to whom he should approach??
(6)We want to settle this matter first through talk and then by court.but my uncle is very egoist, he does not want to talk.he wants to pressurise us by partition suit filed by him.how the process of partition can be delayed
(so that,He can come to know the practical thing)s???how much time we should take to respond his notice???
(7)My uncle had occupied the house built by my father on ancestral land also and not willing to give our share(land is registered in the name of my Grandfather`s Grandfather only).what course of action should be taken
in this situation??
Thanking you and waiting for your precious reply.
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Moot problem
Rahul Publishers Inc. v Modi Jadeja
Rahul Publishers Inc. is a world renowned publisher of expensive educational textbooks, which are purchased by some of the best universities all over the world. Rahul Publishers Inc. also gives books to distributors in India, at a much cheaper price than its American Counterpart. The quality in the books is the same, except for very few spelling changes and illustrations. In other words, the Indian books can be used by American students for educational purposes without compromising on the quality of education.
Modi Jadeja, an Indian citizen, seizing this opportunity, legally purchases these books in India and exports these books to the United States of America. He then sells them at a cheaper price in America, while still making a reasonable profit. Rahul Publishers Inc comes to know of the same through their agent in America, after their sales dip by 3%. However, Rahul Publishers Inc unable to take action against Modi Jadeja in America, following the United States Supreme Court Judgment in a case known as Kirtsaeng v John Wiley and Sons Inc., files a suit for temporary injunction and infringement of copyright against Modi Jadeja in the Madras High Court. Rahul Publishers Inc also claims more than 10 lakh rupees worth of damages from Modi Jadeja, for loss of sales caused by copyright violation.
Modi Jadeja raises the defense of the First-sale doctrine and states that the doctrine is implicitly recognized by Section 14 of the copyright Act, and that due to political considerations, the same was left out of the Copyright Amendment Bill, 2010. The First-sale doctrine basically says once a copyright owner makes a sale, he loses his exclusive right to lease, re-sell, or lend. The new copyright owner cannot however reproduce the same. Further, Modi Jadeja states that due to the latest decision of the US Supreme Court, which has been relied upon by the courts in India on previous occasions, Indian courts need to take a closer look at the First-sale doctrine and set right the previously much criticized decisions on the issue.
The Madras High Court grants temporary injunction, and nominal damages of Rs. 50,000 stating that the First-sale doctrine can only be implemented if the same has been expressly mentioned in the Copyright Act, or in previous decisions of the Indian Courts, and that relying on a latest US judgment would be averse to public policy.
Modi Jadeja has appealed the decision to the Indian Supreme Court.
I am on behalf of Rahul Publishers.WHAT POSSIBLE ARGUEMENTS CAN I MAKE IN THIS CASE? please help