LawBrush

05/01/2023

The Model Groundwater Bill-2016 drafted by the Department of Water Resources, River Development and Ganga Rejuvenation (WR, RD & GR) under the Ministry of Jal Shakti, titles the proposed Act as "The Act for the Conservation, Protection, Regulation, and Management of Groundwater, 2016". The key terms included in the Act's name reflect its dominant tone. The goal is to ensure…...

The Model Groundwater Bill-2016 drafted by the Department of Water Resources, River Development and Ganga Rejuvenation (WR, RD & GR) under the Ministry of Jal Shakti, titles the proposed Act as “The Act for the Conservation, Protection, Regulation, and Management of Groundwater, 2016“. The key t...

04/12/2022

Tapping groundwater for optimal use In a previous post , we took a bird’s eye view of the current scenario of groundwater in India. We revisited the legal journey of groundwater from being in private bo***ge with landowners to being recognized as a shared resource under public trust doctrine. In 2015, the United Nations declared an all-encompassing agenda for people, planet and prosperity: …...

In a previous post , we took a bird’s eye view of the current scenario of groundwater in India. We revisited the legal journey of groundwater from being in private bo***ge with landowners to being recognized as a shared resource under public trust doctrine. In 2015, the United Nations declared an ...

22/11/2022

Groundwater - the elixir of life and primary source of drinking water in India. Ground Water – A shared resource for humanity The very mention of water resources conjures up visions of gurgling rivers, sprightly waterfalls, and serene lakes. Yet, right beneath our feet, invisible and inaudible, the mightiest of them is omnipresent – underground water! As rainfall trickles down layers of permeable rocks and soil, as river water penetrates the bed below and seeps into its banks, and as magma from volcanic eruptions cools down to discharge water, a vast reservoir of ground water builds up....

Ground Water – A shared resource for humanity The very mention of water resources conjures up visions of gurgling rivers, sprightly waterfalls, and serene lakes. Yet, right beneath our feet, invisible and inaudible, the mightiest of them is omnipresent – underground water!  As rainfall trickles...

05/11/2022

Modern constitutions have evolved from a wealth of ideas obtained from different ancient civilizations. In an earlier post, we visited ancient Indian constitutions. These compendiums gifted us the principles of Dharma, that is, righteous conduct of kings and citizens to establish peaceful co-existence within the boundaries, with the environment, and with other states. In this post, we take a bird-eye view of classical Greek constitutions, which seeded the core ideas of democracy....

Modern constitutions have evolved from a wealth of ideas obtained from different ancient civilizations. In an earlier post, we visited ancient Indian constitutions. These compendiums gifted us the principles of Dharma, that is, righteous conduct of kings and citizens to establish peaceful co-existen...

25/10/2022

We ride on the shoulders of giants. Today, nation states and sovereign states are governed with extensively well-deliberated systems that enhance both individual and society, but let us not forget that they evolved from the ideas, experiments and meticulous recordings of the past and their transmission through generations. All ancient civilizations adopted the notion of governance whereby rules were developed systematically and followed by the society as a whole. ...

We ride on the shoulders of giants. Today, nation states and sovereign states are governed with extensively well-deliberated systems that enhance both individual and society, but let us not forget that they evolved from the ideas, experiments and meticulous recordings of the past and their transmiss...

19/10/2022

In an earlier series of posts found here, we revisited the preamble of the Indian constitution to understand the genesis, meaning and implications of its key phrases. We start a series of posts, through which we will take a tour of the fascinating domain of constitutions across the world. The constitution of a country embodies its identity. It binds together citizens within a sanctified legal framework and provides the foundation for social and economic prosperity....

In an earlier series of posts found here, we revisited the preamble of the Indian constitution to understand the genesis, meaning and implications of its key phrases. We start a series of posts, through which we will take a tour of the fascinating domain of constitutions across the world. The consti...

23/09/2022

This post discusses about Indemnity Contracts, along with illustrations, and on guarantee contracts

This post introduces the indemnity contract along with illustrations and the related guarantee contracts

21/09/2022

In a case involving multiple sub-contracts, the Petitioner (supplier to a sub-contractor) relying on an indemnity clause of a contract between the parent contractors citing sub-contractors, sought to implead the parent contractor to claim recovery of money for non-payment of dues. The court dismissed the claim citing no privity of contract between the supplier and the Petitioner, and the inapplicability of the Clause qua the Petitioner....

In a case involving multiple sub-contracts, the Petitioner (supplier to a sub-contractor) relying on an indemnity clause of a contract between the parent contractors citing sub-contractors, sought to implead the parent contractor to claim recovery of money for non-payment of dues. The court dismisse...

16/09/2022

The previous post on this case, highlighted the significance of geography-based reputation of mark and requirements for interim injunction. The defendant’s mark containing a single star logo, despite being used worldwide, was held to be deceptively similar to the plaintiff’s mark and infringing on its rights, as the plaintiff had been using the logo consistently in India, much before the defendant....

The previous post on this case, highlighted the significance of geography-based reputation of mark and requirements for interim injunction. The defendant’s mark containing a single star logo, despite being used worldwide, was held to be deceptively similar to the plaintiff’s mark and infringing ...

13/09/2022

In a case concerning two sports channels, the Delhi High Court granted an interim injunction to Plaintiff, Star Television Productions Ltd. protecting its use of the “Star” Device (see Figure 1) against Defendant Eurosport’s use of the star in its trademark (see Figure 2) and its variations embedding the star. This post covers the three aspects of granting an interim injunction to a Plaintiff against a Defendant using a deceptively similar mark....

In a case concerning two sports channels, the Delhi High Court granted an interim injunction to Plaintiff, Star Television Productions Ltd. protecting its use of the “Star” Device (see Figure 1) against Defendant Eurosport’s use of the star in its trademark (see Figure 2) and its variations em...

09/09/2022

This post talks about the effect of the expiry of the “limitation period” barring contractual claims concerning compensation for breach of contract, to arbitration. Limitation, in the context of arbitration, refers to the maximum period by which civil disputes may be referred to arbitration. Limitation periods, arising out of contractual disputes for compensation for breach of contracts, are limited to 3 years from the date of cause of action, per the Limitation Act, 1963....

This post talks about the effect of the expiry of the “limitation period” barring contractual claims concerning compensation for breach of contract, to arbitration. Limitation, in the context of arbitration, refers to the maximum period by which civil disputes may be referred to arbitration. Lim...

07/09/2022

Minority Institution has right to choose staff on community considerations. Read More: https://www.lawbrush.com/minority-institution-has-right-to-choose-staff-on-community-considerations/