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CRYPTOCURRENCY, CLAMORING FOR REGULATION
Legal Info

CRYPTOCURRENCY, CLAMORING FOR REGULATION?

Block chain is the mechanism under which virtual currencies are navigated, now these virtual currencies in modern-day we term it as cryptocurrencies. In India, there is huge spike in use of technology and enhancement of same. The monetary anatomy of India is under the authority and ombudsman ship of Reserve Bank of India which regulates all the banks and financial institutions as such. RBI’s reaction to cryptocurrencies is always dealt with caution and sternness. Whereas, if we look at it from another angle there are millions of users who are trading and accessing cryptocurrencies in India. Indian Monetary anatomy has been also effected by such new virtual currencies where authorities like Income tax and Enforcement directorate has strictly restricted the use of such currencies. The way income tax authorities look at virtual currencies is very restricted to a certain sense and reasoning of such restrictive sense is that Income Tax authority would not able to trace the respective cryptocurrencies. In the budget of 2018 it was stated by the finance minister that the government of India along with RBI has constituted a committee which will examine such crypto currencies and issues dealing with same. Still there is no sign of any robust step taken to address the issues. If we look upon the government’s behavior to cryptocurrencies, it seems that government is not in support of such block chain mechanism and wants to implement their own sort of virtual currency known as e-rupee. Draft Banning of cryptocurrency & Regulation of official digital currency Bill of 2019 is still in hold, and such bill clearly shows the intent of Government that they don’t want any the use of cryptocurrencies. Despite of all this, still the market share of cryptocurrencies is booming at very high rates and many users are accessing such technology in India & around the world. Such reasons have validated the need of regulations and clamoring for a new law which will look over the aspects of use of cryptocurrencies in India. If we follow up the recent chronological build up in where a circular was issued by RBI (Reserve Bank of India) in 2018 stating and directing the banks and entities under it that they should prohibit themselves in dealing with any sort of virtual currencies, including cryptocurrencies. Such directives were substantiated by Section 18 of Payment Settlement’s act, which states that RBI can issue directives to the entities under it to not deal with any sort of crypto currencies. Such circular was termed as unconstitutional by the Hon’ble Supreme Court of India in Internet and mobile association of India Versus Reserve Bank of India. The reasoning backed by such judgement was that a prohibition on banks and entities by RBI is of incongruous nature because crypto currencies are not actually banned in India. Supreme Court biffed the circular issued by RBI as unconstitutional and inappropriate as of now. After such Supreme Court ruling, the question which lays in front of authorities and government is that whether cryptocurrencies should be subject to regulations or not? And whether cryptocurrencies are legitimate and legal to use now after above-forth judgement by the Hon’ble Supreme Court? Such legal questions may arise very soon as there are millions of people already trading in cryptocurrencies and if such people are subject to any dispute in near future then which law is to be followed & what procedural implementation should be followed as there are none in case of such virtual currencies. If we take up an illustration in a hypothetical fashion, assuming A who is dealing in crypto currencies, whereupon he en cashes such crypto currencies into Indian rupees and keep such amount in one of the bank accounts in India. The problem in the above scenario may arise if Bank seizes such bank account which is having en-cashed cryptocurrencies. Where does remedy lie? Who has authority to solve such issues? Where does the jurisdiction lies? And many more issues which still stand stall. Presently such issues and complaints can be made to online portal of RBI in where a user of such currency can state their grievance regarding such freezing of bank accounts. A user under the grievance of above-forth can also complaint to bank initially. User may refer and attach the judgement of Internet and mobile association of India Versus Reserve Bank of India in where SC which held circular of RBI as invalid (circular stated that banks should restrict the flow of cryptocurrencies) along with such complaints. A user may seek remedy under Consumer Protection act 2019 too, as such freezing of account can brought under the ambit deficiency of service by bank. The major issue today, is that even though there are existing remedies available, but these remedies do not guarantee relief to person in dispute with respect to cryptocurrency as discussed in above stated scenario. Still Indian Monetary Anatomy is clamoring for legal recognition of cryptocurrencies and before answering to demand of such legislation Government should clarify over the standpoint of legal validity with respect to cryptocurrencies. By, Yashraj Srivastava Posted on 24.10.2020

THE GAME OF TRP's
Legal Info

THE GAME OF TRP’s

The TRP (Television Rating Point) aspect of news channels are under scrutiny and highlights of current deliberations. Advertisement Market amounts to mammoth of approx. 24,000 crore rupees, in where various TV channels are vetted and selected to advertise on basis of TRP ratings which is issued by BARC (Broadcasting Foundation and the Advertising Agencies Association of India). The basic nature of business revolves around three parties majorly, the Corporates, Advertisement agencies and Television channels. Rhetorically, if we analyze the procedure, these Corporates (who wants to advertise its products/services) contacts ad agencies who sets up advertisement and decides over which TV channel such advertisement will be exhibited. Such decision is solely on the basis of TRP ratings issued on daily basis by BARC. The functionality aspect of TRP is glued by the guidelines issued by I&B ministry in order to establish a clear image of viewership of a particular channel. BARC determines such TRPs by evaluating and monitoring the viewership with the help of meters which is installed over 44,000 households in whole of India. Such households are selected on a random basis. The information to such installations is discrete and kept in secrecy. This is what procedural guidelines states, but ground reality is way different than rhetoric which is instated through these guidelines. Realistically, the accusations over a TV News channels over manipulating and tainting the TRP ratings is not a new deliberation, it has been happening since a long time. TV news channels are majorly accused of TRP manipulation and tainting, the accusations revolve as such that these TV news channels bribe and manipulate the authorities which alter the working of the Meters which is installed to calculated TRPs. Another problem which is hoisted by such scenarios is that there is in investment of Rupees 24,000 Crores which is solely on basis of viewership of 44,000 households. In many cases households are paid and bribed by some influential Television Channels to increase the TRPs of their respective channels, eventually such action leads to more profit generation. A huge lacuna and numerous loopholes is induced within the anatomical nexus of TV channels, TRP rating and functioning of BARC. Is there any solution to such problem? Yes, there should be stringent inducement of various Codes of Conduct which will eventually guide the functioning and anatomy of Advertisement Industry. There should be a regulatory body constituted under such code which will act as an ombudsman and watchdog to the activities of advertisement agencies and TV channels. Such code will amplify the power of authorities by the way of enhancing and inducing penal consequences. Functioning of BARC should be monitored and should be keenly scrutinized where there is suspicion detected. Media, is referred as the third pillar of democracy and in order to enhance its functioning, a proper check and thwart over the industry is much needed. Yashraj Srivastava (Intern at LEXAMEET) 5th Year Law Student, School of law, CHRIST (Deemed to be University), Bangalore.

CHANGES BROUGHT UNDER NEW CONSUMER PROTECTION ACT, 2019
Consumer Rights

CHANGES BROUGHT UNDER NEW CONSUMER PROTECTION ACT, 2019

Consumers in a particular society play an essential role in the economic system of the nation, and their consumption system affects the economy, therefore a country needs a law to protect the interests of the consumers, for this purpose Consumer Protection Act formulated in the year 1986. However, with the industrial revolution, development in the international trade and commerce and opening of various domains in business (eg. e-commerce), there was an urgent need for a new Act which would address new types of grievances of the consumers. The Consumer Protection act, 2019 was introduced in the Lok Sabha on 8 July 2019 by the Minister of Consumer Affairs, Food and Public Distribution, Ram Vilas Paswan. It was passed by Lok Sabha on 30 July 2019 and later passed in Rajya Sabha on 6 August 2019. The bill received assent from President Ram Nath Kovind on 9 August, and was notified in The Gazette of India on the same date. The Act came into effect by 20 July 2020, while certain other provisions of the Act like establishing the Central Consumer Protection Authority came into effect from 24 July 2020. CHANGES BROUGHT UNDER THE NEW ACT ​KEY POINTS ​OLD ACT NEW ACT ​Pecuniary Jurisdiction District Forum: up to 20 lacsState Commission: from 20 lacs to 1 croreNational Commission: from 1 crore and above ​District forum: up to 50 lacsState Commission: from 50 lacs to 2 croresNational Commission: from 2 crore and above Basis to decide pecuniary jurisdiction In the case of Ambrish Kumar Shukla & Ors v. Ferrous Infrastructure Pvt. Ltd it was settled that for the purpose of determining the pecuniary jurisdiction of a consumer forum under 1986 Act, the consideration paid or agreed to be paid by the consumer at the time of purchasing the goods or hiring or availing of the services, as the case may be, plus the amount of the compensation, is to be considered. ​In the case of M/s Pyaridevi Chabiraj Steels Pvt. Ltd. v. National Insurance Company Ltd. & Ors. the NCDRC held that under the provisions for determining the pecuniary jurisdiction of the District Commission, State Commission or the NCDRC, the value of the goods or services paid as consideration alone has to be taken, and not the value of the goods or services purchased/taken Territorial Jurisdiction ​Where seller has his/her office ​Where complainant resides or works Appeal Within a period of 30 days from the date of order of District ForumProvided 50% of award amount or Rs 25000 to be deposited whichever is less Within a period of 45 days from the date of the order of District ForumProvided 50% of award amount to be awarded ​Unfair Trade Practices ​Section 2(1)(r) of CPA, 1986 provides six types of unfair trade practices ​Section 2(47) of CPA, 2019 adds 4 more types of unfair trade practices to the list Authority ​District consumer forumState consumer forumNational Consumer Dispute Redressal Commission District commissionState commissionNational Consumer Dispute Redressal Commission Composition of State Commission ​President and 2 other members ​President and 4 other members Appointment ​Selection Committee (comprising a judicial member and other officials) will recommend members on the Commissions ​No provision for Selection Committee. Central Government will appoint through notification. Penalties ​If a person does not comply with the orders of the Commissions, he/she may face imprisonment between 1 month and 3 years or fine betweenRs 2000 and Rs 10000 or both If a person does not comply with the orders of the Commissions, he/she may face imprisonment up to 3 years or a fine not less than Rs 25000, extendable to 1 lakh or both NEW PROVISIONS INCORPORATED UNDER CONSUMER PROTECTION ACT Ayush Khare Symbiosis Law School Nagpur

Why PF and ESI Registration is compulsory for Organization ?
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Why PF and ESI Registration is compulsory for Organization?

Provident Fund (PF) and Employees’ State Insurance (ESI) registration are compulsory for organizations in India because they provide important social security benefits to employees. PF is a retirement savings scheme that is jointly managed by the employer and the employee. Under the scheme, both the employer and the employee contribute a certain percentage of the employee’s salary towards the fund, and the employee is eligible to receive the accumulated amount upon retirement or termination of employment. The purpose of the PF scheme is to provide financial security to employees during their retirement years. ESI is a health insurance scheme that provides medical coverage to employees and their families. The scheme is funded by contributions from both the employer and the employee, and it provides a range of benefits, including hospitalization, outpatient treatment, and maternity care. The purpose of the ESI scheme is to provide affordable and accessible healthcare to employees and their families. Both PF and ESI registration are compulsory for organizations because they help to protect the welfare of employees and ensure that they have a safety net in case of unforeseen circumstances, such as illness or retirement. By providing these benefits, organizations can also improve employee morale and retention, as employees feel more secure and valued. In addition, compliance with these regulations is mandatory for all organizations, and non-compliance can result in penalties and legal action.

Is Trademark Registration protect your Brand
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Is Trademark Registration protect your Brand?

Yes, trademark registration can help to protect your brand. A trademark is a unique symbol, word, or phrase that is used to identify and distinguish a particular product or service from those offered by others. By registering your trademark, you can protect your brand and reputation, and prevent others from using a similar or identical trademark for their own products or services. Trademark registration grants the owner exclusive rights to use the trademark in connection with the products or services covered by the registration. This means that others cannot use the same or a similar trademark without the owner’s permission. In the event that someone else uses a similar or identical trademark, the owner of the registered trademark can take legal action to stop the infringing use and seek damages. In addition to providing legal protection, trademark registration can also help to build credibility and trust among customers, as it demonstrates that the business is serious about protecting its brand and reputation. A registered trademark can also be easily sold or licensed to others, which can provide an additional source of income for the business. Overall, trademark registration is an important aspect of protecting and promoting a brand. If you are a business owner and have not yet registered your trademark, we encourage you to consider doing so to protect your brand and reputation.

What to do when your Cheque get Bounced ?
Legal Info

What to do when your Cheque get Bounced ?

A cheque bouncing means that the cheque was not able to be processed or cleared due to insufficient funds in the account from which it was written. This can occur when the account holder does not have enough money in their account to cover the amount of the cheque, or when there are other issues with the account that prevent the cheque from being processed. Bouncing a cheque can have serious consequences, including fees from the bank, damage to the account holder’s credit score, and legal consequences if the cheque was written with the intent to defraud. The process for legal action on cheque bouncing can vary depending on the laws of the jurisdiction in which the cheque was written and presented for payment. In general, however, the process may involve the following steps: It’s important to note that cheque bouncing can be a criminal offense in some jurisdictions, and the account holder may also face criminal charges in addition to civil action.

TRADEMARK IN THE WORLD OF INTELLECTUAL PROPERTY RIGHTS
Property Rights

TRADEMARK IN THE WORLD OF INTELLECTUAL PROPERTY RIGHTS

Introduction Trademark is an emerging concept which earlier many people did not know. Trademark as the name suggests is any kind of mark which represents a company or a brand or a business. For example, McDonald’s, Dominos, KFC, etc. A mark should be unique and different from other marks. It should not be identical or similar. In present time, it is important for a brand to has its own mark which should be different so that no confusion is created among the public. Trademark is defined under Section 2(zb) of the Trademarks Act, 1999. It states some following essential elements of trademark- A company’s or a brand’s mark should be a unique one in the market especially for well-known brands so that it’s easier for the public to remember the same and to differentiate from other marks. The role of trademark is important because if there will be a greater number of similar marks in the market, it can create confusion and can also mislead public. Not only this, if anyone infringes the right of the owner regarding trademark, then he will be liable under Trademarks Act, 1999. The registration of trademark is very important to claim damages if anyone has infringed the owners right. Trademark include- Word mark, Device mark, Shape mark, Colour mark and Dimension mark. The most used marks in today’s time are Word mark and Device mark. The procedure as well as the registration of Trademark is not easy as it seems like. One main thing to remember in Trademark is that it has total number of 45 classes which is divided into two classes- from class 1 to class 34 (Goods) and from class 35 to class 45 (Services). Stages of Trademark- To apply for trademark, it is important to remember that TM-M is the application form for trademark. Both the Word and the Device mark have same stages but with some slight differences. For DEVICE MARK (include both word and any picture or shape or colour mark) SENT TO VIENNA CODIFICATION The application is first sent to Vienna codification, where Vienna codes are given of around 12 digits for specific marks. These Vienna codes are different from each mark and cannot be repeated again. FORMALITY CHECKPASS/FORMALITY CHECK FAIL The second stage is formality check pass/formality check fail where if everything is correct, and all the documents are attached, it will be Formality check pass. When all the documents are not attached and any other formality is pending, then it will be considered as Formality check fail. MARKED FOR EXAMINATION The third stage is marked for examination where the examiner checks that the applied mark is right or not, whether is there any other similar mark or not. ACCEPTED & ADVERTISED Now, the fourth stage is an important stage because here the trademark is accepted & advertised in the trademark journal but not registered. The trademark is published in the journal after all the above formalities are done. During this stage, when the trademark is advertised in the journal, a person can file for opposition within 4 months of advertising the trademark. opposition is done by the third party. there is a certain procedure of opposition. OPPOSITION REGISTRATION When the mark is accepted it is registered for 10 years. For WORD MARK, the procedure is same with the difference that the procedure for word mark will start from FORMALITY CHECKPASS/ CHECK FAIL. The Ministry has the right to OBJECT the mark under Section 9 & Section 11 of the Act during ACCEPTANCE AND ADVERTISED. The Ministry will send the NOTICE OF OPPOSITION to the party and if the party HAS NOT REPLIED WITHIN 1 MONTH, then the application will get ABANDONED. The trademark application can be- Abandoned, objected, refused, withdrawn, opposed, accepted & advertised depending upon the circumstances of the same. At last, when everything is done, the trademark is finally registered for 10 years and after 10 years it can also be renewed. Trademark is playing an important role to protect Intellectual property of a company, brand or business and it avoids to create likelihood or confusion in the market.

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