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The Fashion Industry’s Confluence of Infringement and Inspiration

Abstract
Taking inspiration from a celebrity’s dress or look at a fashion event is the newest and most popular trend of dressing up like that celebrity on social media. The fashion sector, which is renowned for its dynamic and trending nature, frequently has difficulties when it comes to protection and upholding the intellectual property rights.
Laws related to Intellectual property and fashion industry are twisted together, forming a vast and reforming landscape. Due to its relative lack of research, intellectual property law has many unanswered questions that could be answered with careful consideration and analysis. Fashion and how to protect it.
It is not surprising to know that people get same logo and design by local tailors or boutique designer as original. Accepting this demoralizing status of fashion in India, for it`s protection under intellectual property rights, merits, demerits and solution are provided below.
This paper will provide you the general review on the history, origin and background of intellectual property rights in relation to fashion industry followed by legal aspects. The aim is to lay down the essence of law and statutes governing the same.
This paper will provide a brief definition of the terms, listing the merits and demerits of the same. In last conclusion is provided which will give solution and suggestions for this not so explored loophole in this sector.

Introduction
Fashion is something which does not exists in dresses only, it`s in sky, street, fashion is everywhere. Fashion laws and intellectual property rights are the only laws which protects design. Given how innovative and creative the fashion industry is, it is imperative that designers’ rights and interests be protected. IP regulations are essential for safeguarding the fashion industry’s intellectual property rights, which include designs, patents, trademarks, and copyrights. It is not necessary that the IP laws which applies on other industries applies on fashion industry, for example Garment design may be protected under design pattern where as fabric patterns may be protected under design patent. Intellectual property rights and fashion laws have become increasingly intertwined in the recent years. This focus of IP and fashion laws has led to the development of specific laws and guidelines aimed at the fashion industry.
For example “DesignEuropa Awards,” is organised every two years by the European Union Intellectual Property Office (EUIPO).This event celebrates excellence in design brought to market with Registered Community Design (RCD) protection. Similar to this Indian Indian government has launched several safeguard to protect traditional work, handicrafts and others works but counterfeiting is one of the biggest problem which is faced bi IP and fashion law. Counterfeiting is the major issue which is harming the fashion sector’s financial stability.
To remove the counterfeiting and to protect the rights of the individual, IP laws are very necessary which will be the safeguard of the fashion sector. At last, fashion industry is a crucial intersection between intellectual property and fashion law. Fashion industry need laws to protect its uniqueness and ensure the profitability and expansion of fashion sector without getting counterfeited.

Laws Protecting Fashion Industry

Lots of laws are there which are protecting fashion industry under IP some of are listed below:-
• Copyright Act, 1957
• Trade Marks Act, 1999
• The Geographical Indication Act of Goods Act, 1999
• The Design Act, 2000
The Copyright Act provides exclusive rights under section 14 to the owner of the copyright. This section provides rights to copyright owner or another person who has permission of the owner may exercise these rights. These rights include the ability to adapt, reproduce, publish, translate, and communicate with the public, among other things. Copyright registration just establishes an entry for the work in the Copyright Register kept by the Registrar of Copyrights and does not grant any rights.
When a design is transformed from a simple to unique, it’s uniqueness is obvious from its existence, it comes under the category of creative work, which comes under section 13 of Copyright Act 1957.
Section 2(c) of copyright act defines “artistic work” which means designs in any form such as sketches, painting, patterns of cloths, sculptures, costumes and accessories are capable for copyright protection.
Trademark is an Intellectual Property Right which protects logos, names, words, shape, symbols, configurations, symbols of colour, packaging etc. Protection against trademark becomes essentials so that consumer can easily differentiate between the goods. Under section 103 and 104 of Trademark act 1999 strict punishment is given for trademark infringers.
Meaning of design is laid down under section 2(d) of The Design Act 2000, design means configuration, patter, shape, ornaments, composition of lines, colours applied on any article, whether in 3 dimensional or 2 dimensional or both forms etc. it is clearly stated that a design which is registered under Design Act 2000 will not be eligible for protection under copyright act. Copyright in any design which is capable for registration under the act but does not registered shall cease as soon as the design is reproduced more than 50 times by the owner of the copyright or by any person authorised by the copyright owner. According to Copyright Act of 1957, design registration and copyright over an item cannot be coexisted.

Differentiate between Inspiration and infringement

Inspiration is an act of being enthusiastic to act, think or produce in a way that it is creative or original. It is a condition in which new ideas, behaviours, or artistic expressions are produced as a result of being moved, inspired, or propelled by an external or internal force. There are different sources of inspiration, such as reflection, people, events, books, artwork, music, and much more. The process of being inspired to create or invent is called inspiration, and it needs to be closely studied to prevent infringement. If original and distinctive works are to be protected by IPR, it must distinguish between inspiration and imitation rather than exact or counterfeited copies.
At the time of deciding a work whether it violates a pre-existing invention which is protected under Copyright act, Trademark Act or Patent Act, inspiration enters into intellectual property right. Courts and legal systems often compare the works to see if the allegedly infringing creation was directly inspired or developed from the original.
The word infringement means the action of breaking of agreement, law etc. it may refer to :-
1. IP infringement :- it violates an owner’s exclusive rights to his intangible assets like musical work literary work or artistic work.
• Copyright infringement :-it is the use of work under copyright, including reproducing, distributing, performing or displaying the copyrighted work without permission
• Patent infringement :- it means using or selling a patent invention without the permission of the patent holder, typically for commercial purposes.
• Trademark infringement:- it is the violation of the exclusive rights attaching to a trademark without authorisation of the trademark licensees.
• Summary offence :- it is a crime that can be proceeded against an indictment in some jurisdiction.
According to section 27 and 29 of Trademark Act 1999, infringement can be done either by passing off, in line with the principle of trinity or it can be compensatory and preventive in nature.
Section 52 of Copyright Act 1957 plays an important role, it states the fair dealing in a wide exception in this regard, in the same way that cases of inspiration being an infringement defer in terms of the facts, issues, and verdict, it will also defer.
All in all, the overall situation remains the same, judges have the discretion to grant or reject the exception based on each case individually.This paper aims to establish a standard guideline, scheme, policy, or any other government schemes in order to maintain Pan-Indian uniformity and give the court’s jurisdiction a primary and prominent role in deciding the cases.

• Inspiration in connection with IPR and Fashion Law Industry

The fashion industry is always changing, bringing new trends and styles that are imposed all over the world. The rights to IP that arise from these creations must therefore be preserved. This covers a number of additional intellectual property rights that can be safeguarded, such as the protection of each garment’s unique industrial design and the name or trademark that helps people realize these products. Intellectual property has turned into a crucial component of the multimillion-dollar fashion industry, strengthening the value of businesses in the marketplace and encouraging business growth.
Section 15 of Copyright Act lays down two important provisions regarding the counterfeiting of designs which are capable of being registered under the Design Act. The design must be protected as an artistic work under the copyright act or it should be registered under the Design Act 2000. If design is not registered under the design act then the copyright act will be used to settle the legal disputes.The copyright protection for a design expires if it is copied more than fifty times through an industrial process by the owner of the copyright or by someone else with permission from the owner.
In the fashion industry, designers’ and brands’ creative processes heavily rely on inspiration. But sometimes it’s difficult to differentiate between inspiration and infringement when it comes to intellectual property rights (IPR).
It is essential for designers to exercise caution in order to prevent their works from infringing the copyrights, patents, or trademarks of other designers or brands. Fashion designs are generally not protected by copyright laws in many countries unless they satisfy specific requirements. For fashion brands to maintain their unique identity and safeguard their distinctive names, logos, or symbols, trademarks are essential.
The term “trade dress,” describes a product’s overall visual identity and packaging and may be used as a source identifier, is also important in the fashion industry. Trade dress protection can cover things like distinctive color schemes, patterns, or particular product packaging. When designs or components of fashion creations are too closely modeled after or resemble already-protected works, intellectual property rights (IPR) issues may arise in the fashion industry.

Merits of recreation

Under the laws controlling the fashion industry and intellectual property rights (IPR), inspiration can have various benefits. They include :-
• Protection of original designs, the promotion of creativity and innovation, and the interchange and influence of cultures.
• In the fashion industry, inspiration serves as a stimulant for creativity, inspiring designers to create original and innovative styles, trends, and designs.
• It protects original designs legally and encourages diversity, innovation, and cultural trade. In the fashion industry, IPR offers original designs legal protection.
• Use of intellectual property laws like copyright and design rights, designers can prevent unauthorized use or counterfeiting of their creations. This encourages designers to dedicate their time, energy, and resources towards crafting novel and distinctive fashion designs. Differentiating a brand and its reputation: One can use inspiration effectively.

Demerits of Recreation

• As of 2023, there has been little research done in the field of intellectual property law. And this is a serious demerit. Recreation being an infringement is a species under this large genus of problem or loophole. It is illegal to copy another person’s design since original designers own the rights to their creations. The law protects fashion details and designs, such as when a designer brand has a registered trademark. No other company can match its methods of branding or designs.
• Counterfeiting fashion designs of another brand to suit a different branding strategy can be challenging. Growing the work and starting more campaigns with the same idea can also be challenging. This may result in a dispersion of the same message and a loss of visionary meaning and context. The infringer’s brand may suffer if they steal another company’s trademark.
• Counterfeiting competitors’ work can lead customers may become less confident in the copied company and may decide to use an alternative brand. In addition, it keeps one from testing their own designs and marketing plans, enabling them to build their business on reliable client feedback.

Conclusion

The act of being inspired to create, think, or act in an unique, innovative, or remarkable way is known as inspiration. It is the state of being propelled, motivated, or pushed by an internal or external force that gives rise to original ideas, actions, or creative expressions.
There are many different places to get inspiration, such as within oneself, other people, experiences, books, artwork, music, and much more. It is important that we understand and recognize this idea. On the other hand, this should respect the earlier art and not be offensive to it. It is considered an infringement of the latter when someone attempts, with due knowledge and intent, to mimic, copy, embody, or replicate a well-known work of art.
If it satisfies the Section 52 of the Copyright Act, 1957’s fair dealing requirements, it cannot be considered an infringement. First of all, the fair dealing clause should be interpreted literally rather than liberally. Second, the work of art should be maintained on file, rather than the inspiration author remaining unknown or posing as anonymous. Thirdly, because the scope of exceptions is broad, a department inside the Patent Office specifically handles these kinds of matters.
Important persons who may be covered by the department include a patent agent, a retired first-class judicial magistrate who deals with civil matters involving intellectual property, and a part-time professor of intellectual property. Fourth, the Central Government can issue a notification containing guiding principles in the official gazette.

About the author –

This article is authored by Abhinav Saxena, LL.B (Hons) 5th semester student at Uttaranchal University, Dehradun.

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LEGAL FORMATS

Suit to declare missing person dead after passing of 7 years

IN THE COURT OF CIVIL JUDGE, (SENIOR DIVISION), City

Civil Suit No ______ of 202..
1. ABC
2. DEF
3. GHI
_______ Plaintiff.
Versus

1. General public.
2. Deputy Commissioner, City.
3. Registrar of Birth and Death, City
__________ Respondents

Suit for declaration to declare that brother of the Plaintiffs    namely RRRRR s/o Shri SSSSSS aged …. years, as dead who is missing since …….. and not traced out till date on the basis of oral and documentary evidence under order 7rule 1 C.P.C.
AND
Suit for mandatory injunction for directing the defendant No 2&3 to issue Death Certificate on the name of RRRRRR

Respectfully Showeth:
1. That the Plaintiffs are the legal heirs of RRRRRs/o Shri SSSSSS and are the real brothers and sisters. Plaintiff No 1 namely….. Father (since deceased) has been expired on ……….. and the hence the suit has been filed through his legal heirs. The said RRRRR was remained unmarried throughout his life and the Plaintiffs are the only legal heir of him and except the Plaintiffs there are no other lineal descendants of the said Sh.RRRRRR. The mother and father of the said RRRRRR namely Smt. …… and ……….. died on ………. and ……. respectively at …………. Copy of death of the same is annexed with the suit as Annexure P-.

2. That the Respondent no. 1 is general public as the relief claimed is applicable in remedy and respondent no. 2 is the administrative officer and collector of the area in which the brother of the plaintiffs resided at …………… and was gone missing. Copy of his Aadhar card is annexed as Annexure P-

3. That the said RRRRRR was 54 year old in the year …… and was not having good mental health and used remained inebriated. On ………., the brother of the Plaintiffs left the house without informing anyone and never returned back or found despite the best efforts of the Plaintiff to trace him out. However, the matter with regard to his missing was also reported to the concerned Police and D.D.R vide No….. dated …… was got registered at Police station, Sector…., …….. Copy of said D.D.R is annexed with the suit as Annexure P- .

4. That on …….. the said Official of concerned Police Station has also issued the non traceable report on the application filed by the Plaintiff for the submitting of Non-traceable report in respect of RRRRRR. Copy of application is enclosed with this suit.

5. That the brother of the Plaintiff namely RRRRRR during his lifetime invested in investment scheme i.e. Fixed deposit Saving account from time to time. The Plaintiffs being the only legal heirs wants to withdraw the said investment schemes amount from the concerned bank which is lying on the name of their brother.

6. That there is no other legal heir except Plaintiffs stated above and the mother and father is deceased.

7. That no earlier proceeding between the same parties on the same cause of action is pending in any court of law.

8. That the cause of action has arisen to the plaintiff after the passing of seven years of the missing of the brother of the Plaintiffs i.e. …… and on the receiving of non traceable report from the concerned Police Station i.e. …………………..

9. That the Defendant No. 2&3 is authorised for issuance of Birth Certificate or Death Certificate of a person under the procedure and provisions of the Birth & Death Registration Act, 1969 read with the relevant rules.
10. That this Hon’ble Court at ……….has got the jurisdiction to try the present suit as the father of the Plaintiff residing within the local limits of this Hon’ble Court at the time of going missing.

11. That the value of the suit for the purpose of Jurisdiction and declaration is assessed at Rs……/- on which Court Fee of Rs. ……./- is levied and being so, stands affixed hereto in the shape of Court fee Stamps….
It is therefore respectfully prayed that a decree for declaration may please be passed declaration to declare that brother of the Plaintiffs namely Sh. RRRRRR s/o Shri SSSSSS aged 54 years, is dead who is missing since 19.06.2014 and not traced out till date and directing the defendant No 2&3 to issue Death Certificate on the name of RRRRR.

Any other relief to which the plaintiff is entitled may also be granted by this Hon’ble Court.

Dated: . .                                                                             Plaintiffs.
                                       through counsel

Advocate

VERIFICATION:
Verified that the contents of the above said suit from para no. 1 to 6 are true and correct to the best of my knowledge and belief and those of para no. 7 to 10 are believed to be correct on the legal advice received and nothing has been concealed therein.

Verified at Chandigarh on __ of ….., 202…..

Plaintiffs.

Categories
LEGAL FORMATS

Complaint under Section 138 Of Negotiable Instruments Act

IN THE COURT OF CHIEF JUDICIAL MAGISTRATE (CJM), City

Complaint No. ________of 202_

ABC son of Sh. …….. aged years,R/…………………………. ……..                                                               ………………….Complainant

Versus

XYZ son of …………….. R/o # ………………………………                                                                              ………… Accused

COMPLAINT ON BEHALF OF THE DEPONENT UNDER SECTION 138 READ OF THE NEGOTIABLE INSTRUMENT ACT AS AMENDED UPTO DATE.

RESPECTFULLY SHOWETH:
1. That the complainant has a friendly relations with the accused and in the month of ………, the accused approached the complainant for friendly loan of Rs. 50,000/- as the accused was facing great financial hardship due to his family need and the accused requested the complainant for a friendly loan of Rs. ……….. Being a good friend of accused, the complainant arranged a sum of Rupees …………../- in the first week of …………….

2. That in discharge of his liability pay the amount of friendly loan to complainant issued a Cheque bearing No. …………….. Dated ……. for Rs. ……./- drawn on Bank Branch ……………. in favour of complainant. Copy of original Cheque is annexed as Annexure C- 1.

3. That the complainant presented the above said cheque issued by the accused for encashment in his banker i.e. . Bank Branch …………….but the complainant was shocked to know that the said cheque was returned back dishonoured vide dishonouring memo’s dated ………… with remarks ‘Funds Insufficient” which was received by the complainant thereafter. That infact the accused had cheated the complainant by inducing with the knowledge that the cheque would be dishonoured on its presentation. Memo is annexed as Annexure C-2.

4. That the Complainant on receipt of the information from its bankers regarding the dishonoring of the cheque and in compliance of the Negotiable Instruments Act, got issued a legal demand notice dated ………….. through Registered Post calling upon the accused to clear the outstanding amount of said dishonoured cheques within fifteen days from the receipt of notice as required under the law and the same is presumed to be received by the accused. The accused has failed to make the payment of the said Cheque amount within stipulated period, despite the receiving of said notice. Copy of legal Notice and postal receipts are annexed as Annexure C-3 and C-4.

5. That it is quite clear from the aforesaid that the accused, with a dishonest intention to have wrongful gain for him and to cause wrongful loss to the Complainant, issued the cheque knowing fully well that the cheque would not be honour and hence exposed for the commission of offence U/s 138 of the Negotiable Instruments Act 1881 as amended up to date.

6. That this Hon’ble Court has got jurisdiction to entertain and decide the present complaint as the cheque in question is presented and issued at ……….. and received back dishonored at ……………… through his banker’s. Hence this Hon’ble Court has got the jurisdiction to try and entertain the present complaint.

7. That the Complainant has not filed any similar complaint related to said dishonored cheque against the accused nor is pending in any court of law.

It is therefore, respectfully prayed that the accused may kindly be summoned, tried and punished in accordance with the provision of law under Section 138 of the Negotiable Instrument Act. As well as fine/compensation to the extent of double the amount of the Cheque be imposed upon the accused and ordered to be paid to the Complainant, compensating the Complainant in the interest of justice.

City                                                                               Complainant
Dated

Through Counsel

Advocate

LIST OF WITNESSES:
1 Complainant
2 Official concerned with the relevant record from the accused’s banker.
3 Official concerned with the relevant record from the banker’s of Deponent.
4 Any other witness with prior permission of this Hon’ble court.
LIST OF DOCUMENTS ATTACHED:
1. Copy of Bills
2. Original Cheque
3. Copy of Dishonoring Memo
4. Legal Notice and Postal receipt
5. Any other document with the Deponent with the permission of court.

City                                                                                    Complainant
Attach alongwith this Complaint: Preliminary Evidence by way of Affidavit

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LEGAL FORMATS

DRAFT OF LOAN AGREEMENT

DRAFT OF LOAN AGREEMENT

LOAN AGREEMENT BETWEEN
________________________AND______________________

THIS AGREEMENT made and entered into at _______ this ____ day of_______, ______ BETWEEN __________________ hereinafter called “the Lender” AND ________________________ hereinafter called “the Borrower” and reference to the parties hereto shall mean and include their respective heirs, executors, administrators and assigns;

WHEREAS the Borrower is in need of funds and hence has approached the Lender to grant her an interest-free loan of Rs.________/- (Rupees ____________________ only) for a period of ____ years;

AND WHEREAS the Lender has agreed to grant a loan to the Borrower, free of interest, as the Lender and the Borrower have known each other since several years;

AND WHEREAS the parties hereto are desirous of recording the terms and conditions of this loan in writing;

NOW THIS AGREEMENT WITNESSETH and it is hereby agreed by and between the parties hereto as under:-

1. The Borrower hereto, being in need of money, has requested the Lender to give her an interest-free loan of Rs.___________/- (Rupees _________________________ only) to enable her to purchase a residential flat, to which the Lender has agreed.

2. The said loan is required by the Borrower for a period of ____ years, commencing from __/__/___ and terminating on __/__/_____.

3. The Borrower hereby agrees and undertakes to return the loan of Rs.___________/- (Rupees ____________________only), in instalments, within the aforesaid period of ____ years and gives her personal guarantee for the same.

4. The terms and conditions of this Agreement are arrived at by the mutual consent of the parties hereto.

IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands the day and year first hereinabove written.

SIGNED AND DELIVERED by the Within-

named Lender in the presence

SIGNED AND DELIVERED by the Within-

named Borrower in the presence of

Categories
LEGAL FORMATS

Criminal Revision before High Court under Sections 397 and 401 of Cr. P.C.

Criminal Revision before High Court under Sections 397 and 401 of Cr. P.C.

IN THE HIGH COURT OF JUDICATURE AT ……………..
Criminal Revision No. ………………………. of …….
(Under Section 397 and 401 of Criminal Procedure Code)
District……………

Sh……………………… …Petitioner

Versus

Sh……………………… …Respondents

Revision against the order dated ……..20……… passed by the Special Judge (E. C. Act) ………………in Criminal Revision No. ………… of 20….. ………………….v. ……………………………… and others.

The Relief sought for by this Revision is that the Hon’ble Court may be pleased to allow the Revision on quash the order dated …………….. passed by the Special Judge (E.C. Act) ……………….. in Criminal Revision No. ………. of 20…….. with costs throughout and to pass such other and further orders as it deems fit in the circumstances of the case.

The present Revision is being filed inter alia on the following

GROUNDS

1. Because while discharging the accused under Section 245 (2), Cr.P.C. it was not mandatory for the trial Court to records evidence under Section 244 Cr.P.C. The view taken by the Court below to the contrary is erroneous in law.

2. Because the alleged offence being non-cognizable and compoundable, the trial Court could legally discharge the accused under Section 249, Cr.P.C. on complainants failure to attend the court.

3. Because the present complaint was the second complaint and the complainant was deliberately keeping herself absent from the Court on the dates fixed, showing the non-seriousness of the respondent to pursue the matter.

4. Because the order of the court below is otherwise erroneous on facts and in law.

Dated…………….
Advocate for the Revisionist

Categories
LEGAL FORMATS

Civil suit for permanent prohibitory injunction…

Civil suit for permanent prohibitory injunction…
IN THE COURT OF CIVIL JUDGE AT ……………

In Civil Suit No.: ______ of …………

…………………………………………………………………Plaintiff
Versus

…………………………………………………………………Defendants
Civil suit for permanent prohibitory injunction for restraining the defendants from interfering in any manner whatsoever particularly ________________________ situated over No. __________No. ______________________ more particularly depicted in rough plan of the sight and photograph excepting in accordance with Law.

Respectfully Sheweth:

1. That the plaintiff is resident of ______

2. That the plaintiff is presently working as _______ with the department.

3. That in the month of ____________ the state of ___________ has orally granted the suit land in favour of the plaintiff and allowed the plaintiff to raise construction for his residential house over the same. The plaintiff has spent major portion of his hard earned money for the construction of the said shed house situated over ————————————— No. after getting the ……………………..……..constructed over the suit land by the plaintiff the state government/ department has also recognized the legal possessor status of the plaintiff over the suit land. The plaintiff has also been given …………………..……… from ………………..…………..department and he has also got his ………… on the same address. The name of the plaintiff and other persons of his family members are also figuring in the ………………………………..of the said ward.

4. That till…………………………………… nobody has objected to and raised any objection regarding the raising of construction of the house of the plaintiff over the said and the plaintiff lived there peacefully, openly and to the very constant of the owner of the property. The possession of the plaintiff is long standing a one and the same has not been disputed/ disturbed by any one till date.

5. That no show cause notice of any proceedings for the eviction of the plaintiff from the land and from the house raised by the plaintiff over the same has ever been initiated.

6. That on ______ some of the officials from ______ department came on the spot and threatened to dispossess the plaintiff from the suit land and also threatened to dismantle the house/shed of the plaintiff without any legal orders that too illegally and wrongly. As no order of eviction has been passed against the plaintiff till date by any competent authority/Court as such plaintiff has got prima facie a very good case in his favour since he is in possession of land for the last more than _____ years. The balance of convenience is also in favour of the plaintiff and against the dependent and in case the suit of the plaintiff is not decreed the plaintiff will suffer irreparable loss and injury which can’t be compensated in terms of money, rather it will lead to multiplicity of litigation between the parties and the plaintiff will come on roads as he has no other residential house except the present one.

7. That there are as many as ________________________ residential house constructed by some other people over the adjoining land of the present plaintiff which is also owned by _______ government/department. That till date no show cause notice has been issued to them nor any proceedings for eviction has been started/initiated against them in the competent Court of law. The wrongful all illegal dispossession/dismantling the house of the plaintiff is arbitrary, malafide, illegal and even discriminatory.

8. Jurisdiction.

9. Cause of action.

10. Limitation.

11. Valuation.

……………… Plaintiff
_________ ______

Through, Advocate

Categories
LEGAL FORMATS

Bail application format to file before High Court

Bail application format to file before High Court

How to prepare bail application under CRPC 439 before the High Court. What are the documents to be attached
Section 439 of Code of Criminal Procedure , 1973 contemplates that the Sessions Court or the High Court can grant bail to a person who has been arrested
BAIL FORMAT INDIA TO BE FILED BEFORE THE HIGH COURT IN THE EVENT OF THE APPLICATION FOR BAIL BEING DISMISSED BY THE SESSIONS COURT

BEFORE THE HIGH COURT AT (give the name of the High Court where the bail application format India is being filed)
IN THE MATTER OF

STATE

VS

(Mention the name of the accused)

FIR Number: (Mention the FIR number)
Under Section: (Mention the sections under which the FIR has been filed)
Police Station: (Mention the name of the Police Station)
Accused in custody since: (Give the date since when the accused is in custody)

APPLICATION U/S 439 CRPC FOR GRANT OF ANTICIPATORY BAIL ON BEHALF OF THE ACCUSED (name of the applicant of the bail)

MOST RESPECTFULLY SUBMITTED AS UNDER:
1. That the present FIR has been registered on false and bogus facts. The facts stated in the FIR are fabricated, concocted and without any basis.
2. That the police has falsely implicated the applicant in the present case, and has arrested him. The applicant is a respectable citizen of the society and is not involved any criminal case.
3. That the facts stated in the complainant against the applicant are civil disputes and does not constitute any criminal offence at all.
4. That the applicant is not required in any kind of investigation nor any kind of custodial interrogation is required.
5. That the applicant is having very good antecedents, he belongs to good family and there is no criminal case pending against them.
6. That the applicant is a permanent resident and there are no chances of his absconding from the course of justice.
7. That the applicant undertakes to present himself before the police/court as and when directed.
8. That the applicant undertakes that he will not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
9. That the applicant further undertakes not to tamper with the evidence or the witnesses in any manner.
10. That the applicant shall not leave India without the previous permission of the Court.
11. That the applicant is ready and willing to accept any other conditions as may be imposed by the Court or the police in connection with the case.
12. That the Court below has failed to consider all the facts and circumstances of the case and has wrongly dismissed the bail application.
It is therefore prayed that the court may direct the release the applicant on bail in the interest of justice.
Any other order which the court may deem fit and proper in the facts and circumstances of the case may be also passed in favor of the applicant.

APPLICANT

THROUGH

COUNSEL

IMPORTANT POINTS FOR FILING OF BAIL FORMAT INDIA UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE:
The bail format India under Section 439 of the Code of Criminal Procedure can be signed by any close relative or Parokar of the accused.
An affidavit in support of the bail format India is also to be filed alongwith the main application.
A readable copy of the FIR is also to be filed alongwith the bail format India.
All relevant documents are also to be filed alongwith the bail format India on the basis of which the applicant is seeking bail from the court.
The bail format India is also to be signed by the Counsel who is filing the bail format India either through his memo of appearance or power of attorney.
The details of the FIR, name of the accused, fathers name of the accused should be properly mentioned in the bail format India so that the said contents are properly mentioned in the release order and the Jail authorities are able to identify the accused properly.

Categories
LEGAL FORMATS

FAMILY SETTLEMENT (BETWEEN THE HEIRS OF DECEASED)

FAMILY SETTLEMENT (BETWEEN
THE HEIRS OF DECEASED)

THIS FAMILY SETTLEMENT is made the _________ day of _________ in the year 20 _________,

BETWEEN

AA.,………………………………………………..
age _________ year

alleged adopted son of E.F ________________________________ (hereinafter called the First Party) of the one part

CC………………………………………..

age…………………………………..
alleged daughter of FF.
(hereinafter called the Second Party) of the second part;

And

BB………………………………………………….,
Age……………………………………….
alleged widow of E.F.
(hereinafter called the Third Party) of the third part,

all residents of ____________________________in the city of _________

WHEREAS

the said FF. (hereinafter called the Deceased) died on the ________________, at his residential house in _________________________, leaving considerable property all detailed and described in Schedules A and B attached hereto;

AND WHEREAS the said AA., CC. and BB. claim and allege heir ship to the Deceased in their respective rights as described below and the said Second Party has served the other parties with a notice dated _________, and the Third Party has also served a notice dated ____________, to the other parties claiming ownership and possession of the properties left by the Deceased;

AND WHEREAS it is alleged by AA. that he was duly adopted by the Deceased on the _________ day of _________, 20 _________, before the Deceased with his wife GG. left for Burma and settled down in that country;

AND WHEREAS it is alleged by CC. that she is the natural-born daughter of the said GG. and the Deceased, GG. having died soon after delivery in hospital in _________ on the _________ day of _________, 20 _________ when the said CC. was born;

AND WHEREAS it is alleged by BB. that she was duly married in Burma on the _________ day of _________, 20 _________ and is the lawful widow of the Deceased;

AND WHEREAS each party vehemently denies the claim of the others and it is evident that the family properties will be lost in the litigation which is imminent;

AND WHEREAS on the intervention of friends and well-wishers of the family;

THIS SETTLEMENT is made for the benefit of the family generally and for the purpose of avoiding family disputes and litigation whereby the parties are irrevocably bound as below:

1. That the First Party, the alleged adopted son, is in sole possession and occupation of the properties detailed and described at items 1 and 2 of Schedule A (List of Immovable Properties), which said properties the Deceased had acquired prior to his departure to and settlement in Burma and which said properties have ever since remained in the exclusive use of the said AA. shall continue to be held by the First Party, but now as heir of the Deceased in ownership and possession of the same.

2. That the Second Party, the alleged natural-born daughter of the Deceased by his Indian wife GG. is in sole possession and occupation of the properties detailed and described at items 3 and 4 of Schedule A and items 1 and 2 of Schedule B (List of Movable Properties) being fixed deposits standing in the joint names of the Deceased and CC. payable to either or survivor shall be retained by CC. as the Deceased heir in ownership and possession of the same.

3. That the Third Party, the alleged wife, now widow of the Deceased residing with the Deceased in the residential house described as item 5 of Schedule A, together with items 3 and 4 of Schedule B shall retain, own and possess the said properties as widow and heir of the Deceased.

4. That it is further hereby declared and agreed between the parties that this FAMILY SETTLEMENT ends all disputes between the parties relating to the respective rights and claims of the parties to the property of the Deceased and that each party for the purposes of this settlement admits the claim of the other.

IN WITNESS whereof the said AA. (the First Party), CC. (the Second Party) and BB. (the Third Party) have hereunto at _________ signed this deed the day and the year first above written.

Witnesses:

1. Sd. _________

First Party.

2. Sd. _________

Second Party.

3. Sd _________

Third Party

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Entry of Foreign Law Firms in the Indian Legal Market: Opportunities and Limitations

Foreign law firms have been seeking access to the Indian legal market for several years. In 1995, the Indian government enacted the Advocates Act, which allowed only Indian citizens to practice law in India. As a result, foreign law firms were barred from practicing law in the country. However, over the past few years, there have been several developments that have paved the way for foreign law firms to enter the Indian market.

The Indian legal market is one of the largest in the world, and it presents a significant opportunity for foreign law firms. The legal sector in India has been growing rapidly, and it is estimated to be worth around $3.5 billion. In addition, the country’s economic growth and increased foreign investment have created a significant demand for legal services. Foreign law firms have recognized this potential and have been lobbying for access to the Indian legal market for several years.

In 2015, the Indian government took a significant step towards liberalizing the legal sector by allowing foreign law firms to set up offices in the country. The government’s decision was based on a report by the Law Commission of India, which recommended that foreign law firms be allowed to practice in the country. The report stated that the entry of foreign law firms would promote competition, improve the quality of legal services, and provide more opportunities for Indian lawyers.

Despite the government’s decision, there are still several restrictions on foreign law firms practicing in India. For example, they cannot offer litigation services or represent clients in Indian courts. Foreign law firms can only provide legal advice on non-Indian law matters, such as international trade and investment, and can only do so through a registered liaison office.

In addition to the restrictions on the type of legal services that foreign law firms can offer, there are also limitations on the number of lawyers that they can employ. Foreign law firms are only allowed to have a maximum of 20 lawyers in their Indian offices, and they must have been practicing for at least 10 years in their home country.

Furthermore, foreign lawyers cannot be partners in Indian law firms. This restriction has been a significant stumbling block for foreign law firms looking to enter the Indian market. Indian law firms are required to be owned and operated by Indian citizens, and foreign lawyers cannot hold equity in them. This means that foreign law firms cannot form partnerships with Indian law firms, which is a common practice in other countries.

The restrictions on foreign law firms have been a subject of debate in India. Proponents of liberalizing the legal sector argue that it would promote competition, improve the quality of legal services, and provide more opportunities for Indian lawyers. They also argue that foreign law firms would bring in new technology, knowledge, and expertise that would benefit the Indian legal sector.

Opponents of liberalizing the legal sector argue that it would lead to the exploitation of Indian lawyers by foreign law firms. They also argue that allowing foreign law firms to practice in India would be detrimental to the Indian legal sector, as it would result in the loss of business for Indian law firms.

Despite the restrictions, several foreign law firms have set up offices in India in recent years. Some of the prominent foreign law firms that have established a presence in India include Allen & Overy, Clifford Chance, and Linklaters. These firms have mostly focused on providing legal advice on non-Indian law matters, such as international arbitration and corporate transactions.

In conclusion, access for foreign law firms in India has come a long way since the enactment of the Advocates Act in 1995. While the government has taken some steps towards liberalizing the legal sector, there are still several restrictions that need to be addressed. The restrictions on the type of legal services that foreign law firms can offer, the number of lawyers that they can employ, and the prohibition on foreign lawyers being partners in Indian law firms are.

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ARTICLES

Concept of Justice

Introduction

Man has been continuously struggling for the maintenance of justice. In democratic systems, justice is given the highest place. One of the most important functions of states is to ensure justice to their citizens. Every state must always possess the capability to administer justice according to its legal system. Even in ancient states, one of the primary duties of rulers was to guarantee justice to their subjects. Justice is one of the most important moral and political concepts. The word comes from the Latin jus, meaning right or law. … Aristotle says justice consists in what is lawful and fair, with fairness involving equitable distributions and the correction of what is inequitable. Concept of justice is as old as the political theory itself. Different interpretations are given to justice from time to time. Some writers regard justice as virtue while others hold it for equality’ Some consider it as rule of law’. Justice is not only an integral part of political but also of ethics, law, philosophy, etc.

Meaning of Justice

In the most typical terms, justice is an ideal representing something that’s just and right. It primarily means being just, impartial, honest and right. what’s just could rely upon the context, however, its demand is important to the thought of justice. For example, the natural law school of jurisprudence believes that justice means that the implementation of nonsecular laws. On the opposite hand, modern jurisprudence says justice suggests that the implementation of ideas like equality and liberty. However, in each of these examples, justice just suggests that social control of what the law perceives to be right. In the modern context, justice primarily suggests that the popularity and implementation of laws created by legislatures. furthermore, within the modern context, in contrast to ancient states, this performance lies largely on judicial organs. According to Salmond, laws are the bodies of principles that tribunals acknowledge and apply whereas administering justice. Even Roscoe Pound defines laws to mean principles that public tribunals acknowledge and enforce. Therefore, justice generally means the recognition, application, and enforcement of laws by courts. this is often totally different from the understanding of justice within the ancient period when it was given a religious and moralistic meaning. Justice is the most important and most discussed objective of the State, and Society. It is the basis of orderly human living. Justice demands the regulation of selfish actions of people for securing a fair distribution, equal treatment of equals, and proportionate and just rewards for all. It stands for harmony between individual interests and the interests of society. Justice is of central importance to political theory. In defending or opposing laws, policies, decisions and actions of government, appeals are made in the name of justice. Persons involved in every agitation for securing their interests always raise the slogan: “We want Justice”. All civil rights movements are essentially movements for justice

Types of Justice

Distributive justice

Distributive justice, also referred to as economic justice, is regarding fairness in what people receive, from goods to attention. Its roots are in social order and it’s at the roots of socialism, wherever equality may be a fundamental principle.If people don’t assume that they’re obtaining their fair share of something, they will look for first to achieve what they believe they deserve. they’ll well also seek other kinds of justice.

Procedural justice

The principle of fairness is additionally found within the idea of fair play (as hostile the justifiable share of distributive justice). If people believe that a fair method was utilized in deciding what it to be distributed, then they may well accept an imbalance in what they receive as compared to others. If they see each procedural and distributive injustice, they’re going to likely seek restorative and/or retributive justice.

Restorative justice

The first factor that the betrayed person could seek from the betrayer is a few forms of restitution, putting things back as they ought to be. The simplest form of restitution could be a straightforward apology. Restoration means that putting things back as they were, therefore it’s going to include some act of contrition to demonstrate one is really sorry. this might include action and even extra payment to the offended party. Restorative justice is additionally known as corrective justice.

Retributive justice

Retributive justice works on the principle of punishment, though what constitutes fair and proportional penalization is widely debated. whereas the intent may be to dissuade the offender or others from future wrong-doing, the re-offending rate of the many criminals indicates the limited success of this approach. Punishment in practice is more concerning the satisfaction of victims and those who care regarding them. This strays into the realm of revenge, which might be repeatedly more severe than reparation as the hurt party seeks to make the opposite person suffer reciprocally. In such cases ‘justice’ is often outlined showing emotion rather than with intent for fairness or prevention.

Conclusion

We can conclude that justice is concerned with human welfare and the protection of reasonable interests. It can be experienced only when each citizen will perform his duties in the right perspective. A just society is a society where every individual gets legal. Political, social, economic justice. For every just society, there should be a proper combination of equality liberty, and justice. Because there is a close relationship between them and in the last individual is the subject matter of these concepts.

About the author –

This article is authored by Prabhjot Singh, third year B.B.A. LL.B. (H) student at Galgotias University, Greater Noida.

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