Adv. Rashmi Acharya, Author at Lead India

Legal Remedies For Wrongful Termination Or Forced Resignation

General Legal issues / By Adv. Rashmi Acharya

Sudden dismissal is never easy, but when it happens unfairly, it can be devastating. In India, many employees are subject to wrongful termination or forced to resign under duress, which is referred to as forced resignation. Such acts for unlawful termination interrupt career progression and threaten livelihood, the very constitutional for the deprivation of which …

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How Does The Cryogas Vs. Inox Ruling Impact Businesses On Copyright, Design, And Trademark?

General Legal issues / By Adv. Rashmi Acharya

If you run a business in manufacturing, engineering, fashion, or consumer goods, you may often ask: Should your product drawings be protected by copyright or design law? The Supreme Court of India, in Cryogas Equipment Pvt. Ltd. & Others v. Inox India Ltd. & Others (2023), has finally settled this confusion. The judgment harmonizes the …

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Supreme Court Defines Interim Injunction Criteria In Trademark Cases

General Legal issues / By Adv. Rashmi Acharya

In a recent and most famous judgment, the Supreme Court of India clarified the criteria for granting interim injunctions in cases of trademark infringement and passing off. The dispute arose between Pernod Ricard India Pvt. Ltd. (“Pernod”), owner of brands like Blenders Pride, Imperial Blue, and Seagram’s, and a local seller marketing whisky under the …

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Trademark Disputes Arising From Contracts Are Arbitrable: SC

General Legal issues / By Adv. Rashmi Acharya

In India, the resolution of commercial litigation is now dominated by arbitration because it is faster. Private, expert arbitrators can be hired, and it is less formal and more efficient than litigation. As provided in the Arbitration and Conciliation Act, 1996 (Arbitration Act), arbitration may be sought for any civil or commercial disputes under the …

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What Are The Issues Related To PF, ESI, And Employee Benefits?

General Legal issues / By Adv. Rashmi Acharya

Any and every monthly payslip in the country observes deductions towards Provident Fund (PF) and Employees’ State Insurance (ESI) for any salaried employee. These deductions therefore offer future security to the employees PF for retirement and ESI for medical and social security. PF withdrawals, transfers from one account to another, and other such requests by …

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What To Do If Salary Or Wages Are Not Paid On Time?

General Legal issues / By Adv. Rashmi Acharya

Payment of salary on time is not only a basic expectation but a legal right of the employee. Timely payment of wages is the subject matter of labour laws in India, which include the Payment of Wages Act, 1936; the Minimum Wages Act, 1948; and various state Shops and Establishments Acts. The courts have held …

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Procedure For Cheque Bounce Cases (Negotiable Instruments Act- Section 138)

General Legal issues / By Adv. Rashmi Acharya

Have you ever been in a situation where your cheque bounced? In India, cheque bounce cases happen frequently, and they carry significant legal repercussions. The law provides for stringent measures to ensure trust in business and personal transactions between parties. The drawee has an empty account, or there has been no arrangement with the bank …

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Amardeep Singh V. Harveen Kaur Case 2017: Supreme Court’s Decision On Removing The Six-Month Waiting Period In Mutual Divorce

Divorce Issue / By Adv. Rashmi Acharya

On September 12th, 2017, the Supreme Court of India rendered a very significant judgment in the case of Amardeep Singh v. Harveen Kaur (AIR 2017 SC 4417; (2017) 8 SCC 746). As a matter of importance, the Court answered: Is the 6-month cooling period in accordance with Section 13B (2) of the Hindu Marriage Act, …

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How To Transfer Your Case From Another State To Your State: Know The Supreme Court Procedure And Rules

General Legal issues / By Adv. Rashmi Acharya

If your case remains pending in some other state, but you want for it to be heard in your own state, it is the Supreme Court of India to be approached, as only it has the authority to transfer cases from one state to another. Transfers usually proceed in matrimonial disputes, criminal trials, consumer cases, …

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What Are The Legal Issues Related To Income Tax?

General Legal issues / By Adv. Rashmi Acharya

Income tax is a major source of revenue for the Government of India, governed mainly by the Income-tax Act, 1961. It applies to individuals, Hindu Undivided Families (HUFs), firms, companies, and other entities, taxing income earned in a financial year. Although the Act clearly sets out rules for assessment, collection, and enforcement, practical challenges arise …

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