Marriage, Divorce and Name Change in India

While marriage is an auspicious and life changing event in one’s life, divorce is also life changing but heartbreaking. India is one country where most of the females change their surnames to that of their spouses post marriage. They even change it in their identity document like Voters ID, Pan card, Aadhar Card and more. Though, it is not mandatory to do so for a female and is done as a gesture of companionship, doing it and undoing it post a divorce is a matter of choice and involves a systematic legal procedure. Here is a sneak peek into the procedure to change name post a marriage and a divorce.

Name Change in India

Post Marriage
As a proof of your marriage you need to submit the marriage certificate along with the application to state government gazette office. You can get the form from the office or the online website of State government. It is chargeable and post verification of the proof attached, your name change appears in the published gazette. Copies of the same are couriered to you and you may use them as a legal proof. You also have to publish the name change news in the local newspapers, English and local language preferably.

Post Divorce
Post divorce if you want to retain your earlier identity, you will have to apply for the same with a divorce order copy.

Name Change
In India there is freedom of having any name of your choice and changing it while following legal procedures. You can not only change your name, surname, but a female can use two surnames as well one her maternal and one post marriage together as well. Furthermore, you can even change the surname of your child post divorce unless your husband approves of it.

Having said that, due care has to be taken to ensure the name change is applicable in all the legal and official documents.

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Dissolving of Intellectual Property Rights

Many brands and companies protect their products with copyright, trademark or other intellectual property rights, the recent one being the Taj Mahal hotels. It is now protected with Trademark under private construction category. But, many of us are not aware of the twist to the law wherein once the property is sold, wherein the rights that it had prior to the sale are nullified.

Intellectual Property Rights

Here is a simple example to explain the law. For example a well known company sells house paints. Once the cans of the paint are purchased by customers, used and discarded, there’s this other company that collects to cans, refills them with a low quality of paint and resells them at a much lower rate. Now, the inventor of the paint or the authentic owner faces competition and is likely to come up with attractive offers and discount to fight the competition back as he cannot do anything about it. There are no repercussion on what happens once the product is sold. The patent rights extends only through production, creation, manufacture to sale. Once someone purchases the product, the patent is exhausted.

There has been a lot of misconception or confusion with the law of intellectual property rights and due to the same a lot of infringement cases wherein the exhaustion principle applied to products once they were sold become invalid. The supreme court has even re-explained the whole exhaustion principle in a short format that clearly states that the exhaustion principle is applicable to products that are purchased and resold later. But, they have to get into a contract with the customer under refill to do the same and comes with restrictions like one time use and no resell of container or sharing of the ink container, but to name a few.

To combat this issue many companies have adopted various methods like return policy’s around used products. In case of ink as a product, some companies have gone to the extent of installing a chip to track the location of the refilled ink container.

To fight an infringement case in a way that the outcome is positive the company or person filing the infringement needs to keep the design or the item and prove to the court that the design or the process was stolen, copied or reproduced. A legal counsel needs to be hired to litigate. The claim only proceeds after the litigation is attempted through a legal counsel and shows signs of clear violation of intellectual rights. Otherwise if is against to what the Supreme court has explained and re-explained, the case is rejected.

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All You Need To Know About Power Of Attorney

There are times or rather unavoidable circumstances, when you are not able to process important legal transactions. These circumstances could be illness, foreign travel, serving prison or more. Power of Attorney is a legal pact that provides the right to do a legal procedure on your behalf for your properties or do decision making about anything on your behalf. This can be done with a simple legal procedure where in a legal document, mentioning the rights provided to the person, you have assigned the power of attorney to has to be made and duly signed by both.

POWER OF ATTORNEY

Here is how you can use Power of Attorney to your advantage –

Health Concerns – Critical decisions related to health need to be taken with great presence of mind. With a medical attorney, you may might as well give the power to take any crucial decision concerning your health, when you are ill and not medically capable of taking them.

Legal Transactions – Whether is is about selling or buying a property or any legal transactions that involves money related transactions, it provides them the right to manage your assets on behalf of you.

Family Matters- A power an attorney is of a great help in circumstances where couples are married but are not able to move in because they work at different locations of the country or may be one of them is serving in the defense and is posted in some other location or remote area.

Business Decisions – It is quite helpful to businesses in situations when decision making authorities are not in a position to take decisions due to international travel or illness with inability in decision making, etc. For examples in a company with five board of directors, if one of them is unable to be present at the board meeting on a vital decision making subject, he can assign someone known to him to take a decision on his/ her behalf by providing them a power of attorney. Also, sometimes a busy schedule of the director does not permit him/ her to be present at each and every meeting that needs his/ her presence. Even in such cases, assigning a power of attorney for the same to could be quite useful.

Having said that, before assigning power of attorney to someone, you need to be very careful and choosy because the assigned person needs to be a loyal and honest person. Otherwise, he might as well misuse the same in the best of his/ her interest and you might end up in a soup. So, assign your power of attorney to an extremely reliable and trustworthy person and keep yourself fraud safe.

Why is KLE One of the Best Law Schools in India

The Significance of a Business Transaction Lawyer For Businesses in India

When it comes to business decisions that involve legal procedures and monetary transactions, and any issues arising due to legal inability or ignorance can cost you a fortune for sure or land you in a legal soup. So, it is important for a business to have a business transaction lawyer. This is not just true for large companies but also for start ups. In future when the need of merger with some company or selling the company arises, a business transaction lawyer could be of utmost help.

Like when you don’t feel well you seek a doctor and you find specialists around every health concern, today you find specialist lawyers as well and one of the area of specialization besides crime and civil is business transaction. Here are a few benefits of hiring a Business Transaction lawyer for your business.

Inception – When you start a business, the lawyer can help you organize your business under a relevant category. For example business lawyer helps you on deciding whether to go for a corporation

Licenses and Taxes – You would be definitely having an accountant to take care of your business tax returns, but understanding the business transactions and consequences tax frauds as well as registrations like state tax identification numbers is very important. Business transaction lawyers can help you with that.

Intellectual Property – Intellectual properties include your logos brand names and other creative or idea based exclusive intellectual properties which need to be copyrighted or trademarked. Lawyers can help you with the procedures related to getting your stuff protected against copy or duplication.

Real Estate Dealings – For a business infrastructure, you might as well need to buy or lease some commercial space or land and here is when a business transaction lawyer comes in the picture. Documentation of such transactions or deals requires an eye for legal detailing or else the landlord could devise the documentation the best of his/her interest only.

Contractual Documents -There are certain legal procedures that need to be followed while getting into contractual agreements. In such situations when you need help in contract matters While dealing with suppliers, distributors, clients or customers, its always smart to avail the services of a business transaction lawyer.

Well, these are just few of the benefits that business transaction lawyers provide with respect to your business big or small. So, keep yourself at bay from the stressful encounters with law and even unnecessary and unexpected monetary losses. Just one last say, choose a lawyer based on expertise and thorough knowledge of the business transaction or legal sector.

Legal Education Reforms in India with respect to Globalization

Globalization has by far affected every stream of education and has led to reformation in the fields of higher education across the globe. Reformation in legal education being need of the hour as well, requires focus on making it even more flexible by giving more freedom to the legal education organizations and establishing law schools of international standards besides addressing fundamental issues related to legal education including necessary amendments and changes in the existing law education curriculum and methodologies. The academic standards need to be raised besides providing state of the art infrastructure and research facilities. It also includes providing a good governance model and better job opportunities to the passing out law students. Legal Education Reforms in India

Well, the challenges for reformation in legal education are big particularly when it comes to promotion of judicial and legal reforms. Apparently, for establishing a rule of law society, the lawyers and judges have to play a crucial role in the future, towards governance. It thus requires the law students in law schools to be imparted with quality training in the present. A re examination of each of them needs to carried out so that these future lawyers and judges sync in well with the undergoing socio-economic transformation.

The times when the focus of legal education institutions was on issues relating to India and Indian law only are long gone. Today, students are inquisitive and interested in studying international law as well as comparative law. Obviously, there is a dire need to make reformations in the existing legal education of Indian law through excellence in teaching and research but at the same time it is vital to focus on globalization challenges.

Keeping up with the need, even law schools today are shifting their focus on incorporating international law curriculum, with an objective of providing a fair mix of programs that strike the right balance on Indian and foreign laws. Even students are highly alert and informed about the latest in law on the international circuit due to the vast exposure available through international moot competitions. The information base of students on international law varies from dispute resolution topics to marine time law, humanitarian law and more.

Thus, it can be aptly said that establishment of law schools of global standards has become necessary today. Setting up law schools with world class infrastructure would also mean attracting students from across the world and the best faculty in law because even today sourcing good faculty with experience and expertise in the field isn’t easy. The law schools for long have been facing issues in acquiring or sourcing qualified faculties, not only in India but abroad as well. But, these issues can be resolved by offering better incentives and promotion of institutional initiatives and legal education reforms mentioned above.

As the possibilities of international interactions increase with time, law schools need to get all set to match-up. This includes activities like setting up a legal database for reference to the students from across the world and keeping it updated consistently, conducting knowledge exchange programs with legal education colleges worldwide and more.

Having said that, realizing all these reforms is not child play and requires mammoth funding. Hence, creating philanthropic initiatives for acquiring funds becomes one of the preliminary steps to be taken in the direction of raising the legal education bar in India.

Why KLE Law College is one of the best law schools in India

Why is KLE One of the Best Law Schools in India

 

Arun Jaitley at KLE LAW School in Bangalore

Law as a profession is gaining popularity and no longer bears the stamp of being a legacy profession. There were times this profession was also deemed as a mediocre one, but times have changed and for good. Today, there is a huge influx of students willing to make a career in law. Globalization has brought about a reformation in the field as well, with law schools focusing on designing a legal education curriculum that is a balanced blend of Indian and International Law.

For all the passionate aspirants wanting to take up Law education, the preliminary task that lies ahead is getting into a top class law school after clearing CLAT examinations with good marks. The undergraduate degree course choices offered to them range from three year bachelors degree courses to five year integrated degree courses. Though there are numerous law colleges across the country, choosing the ultimate one requires indepth research backed by a visionary approach. Besides, a lot of other secondary points have to be kept in mind like college and course fees, location and feasibility, to name a few.

When considering the various top ranked colleges, as an aspirant you are sure to come across the name KLE society’s law college. Obviously because, it is one of India’s renowned colleges for pursuing legal education. KLE Society’s law college has been instituted as a nursery and training ground of students seeking quality legal education and is ranked amongst the top 5 law colleges in South India for a while now. Established in the year 1975, KLE’s society Law School has been continuously fostering the future lawyers with indepth knowledge and professional skills in the field of jurisprudence for over 4 decades now.

KLE society’s law academy offers state of the art infrastructure which includes a wide spanning campus with spacious classrooms. The classrooms are fully equipped with interactive teaching tools like LCD’s and more. A well stocked library and e-library providing access to a mammoth research database both online and offline, moot court hall and IT resources for staff makes KLE stand out as a law academy of international standards.

The college also supplements its academic and professional training programs with guest lectures for its students by prominent judges, lawyers of the Supreme court and High Court. The law courses on offer include undergraduate, diploma and certificate programs. KLE’s commitment to excellence in law education has gained it a reputation for delivering excellence in field of academics of Law in India. No wonder, KLE society’s Law College is ranked as the 2nd best private law college in South India by ‘the Week’ and 8th best in India by Career 360. It also holds the recognition of being ranked as the best law college in India for the year 2015 by India today.

So, if you are an aspiring lawyer, KLE society’s Law college is undoubtedly an alternative you consider for a high flying career in Law.