Kapeesh Law Chambers

Introduction In the realm of business partnerships, a "sleeping partner," also known as a "silent partner," refers to an individual who invests capital into a partnership but does not take an active role in managing the business. Unlike active partners who are involved in the daily operations and decision-making processes, a sleeping partner's involvement is primarily financial. Despite their lack of participation in the day-to-day running of the business, sleeping partners play a crucial role by providing the necessary capital, which can be vital for the growth and stability of the partnership. Rights of a Sleeping Partner 1. Right to Profits: A sleeping partner is entitled to a share of the profits generated by the business. This share is typically proportional to their investment in the partnership, as agreed upon in the partnership deed or agreement. 2. Right to Information: Although they do not actively manage the business, a sleeping partner has the right ...

Introduction The Legal maxim " Ignorantia juris non excusat” or “Ignorance of law is no excuse” is a fundamental principle in Indian jurisprudence, ensuring that ignorance of the law does not exempt individuals or entities from legal liability. This doctrine is crucial for the maintenance of the rule of law, ensuring uniform application and enforcement. Concept The principle that ignorance of the law does not excuse wrongdoing has its origins in Roman law and is firmly embedded in common law traditions. The assumption is that laws are publicly accessible and that all individuals have a responsibility to inform themselves about the legal requirements governing their actions. In India, this principle is a cornerstone of the legal system, upheld consistently across various legal forums, including the Supreme Court. Recent Supreme Court Judgments A notable reaffirmation of this principle came in the Supreme Court's decision in M/s. Sun Pharmaceutical Industries Ltd. v. Union of ...

Introduction Bail is a fundamental legal concept, deeply rooted in the principles of justice and human rights. It serves as a safeguard against arbitrary detention and ensures that an accused person can maintain their liberty while awaiting trial. The maxim "Bail is the rule, jail is the exception" encapsulates the essence of this principle, emphasizing that the norm should be the release of an accused person on bail, with detention being a last resort. In recent years, the interpretation and application of bail have come under scrutiny, particularly in cases involving serious offenses under laws such as the Prevention of Money Laundering Act (PMLA). The Supreme Court of India has played a crucial role in clarifying the jurisprudence around bail, reaffirming the importance of personal liberty even in cases involving grave economic offenses. This article delves into the concept of bail, the nature of PMLA offenses, and the evolving jurisprudence around bail, with a focus on a ...

The Divorce by mutual consent is a process under Section 13B of the Hindu Marriage Act, 1955, which allows both spouses to mutually agree to dissolve their marriage. This method is usually quicker and less contentious than contested divorce cases. The process under Section 13B is designed to be amicable, provided both parties have agreed on all relevant matters such as child custody, alimony, and division of assets. Stepwise Procedure:  Step 1: Filing the First Motion (Motion 1) The divorce process begins with the filing of the First Motion petition before the appropriate Family Court. This petition is jointly filed by both spouses. The petition must clearly state that: 1. The couple has been living separately for a period of at least one year. 2. They are unable to live together. 3. They have mutually agreed that the marriage should be dissolved. The petition should be accompanied by affidavits from both parties attesting to the above facts. Draft for the First Motion: IN THE FAM...

The European Union’s Cyber Resilience Act (CRA) is expected to significantly influence global cybersecurity standards, much like the GDPR did for data privacy. While primarily affecting the EU, the CRA’s impact extends globally, particularly to countries like India, where it has several important implications for businesses and regulatory frameworks. For Indian companies that export digital products and services to the EU, the CRA presents both challenges and opportunities. Compliance with the CRA’s stringent cybersecurity standards, including long-term security updates and vulnerability management, will require significant investment. However, this also offers Indian businesses the chance to innovate in cybersecurity, potentially positioning themselves as leaders in a global market increasingly focused on security. The CRA could also inspire India’s evolving regulatory landscape. As India develops its cybersecurity laws, such as the Personal Data Protection Bill and the Digital Person...

Introduction In an increasingly interconnected global economy, the challenge of handling insolvencies involving parties across multiple jurisdictions has become more prominent. To address these complexities, the United Nations Commission on International Trade Law (UNCITRAL) formulated the Model Law on Cross-Border Insolvency in 1997. This framework aims to assist countries in managing insolvency cases that involve debtors, assets, and creditors spread across different nations. This article explores the definition, purpose, and global adoption of the UNCITRAL Model Law, along with recent judicial observations, judgments, and landmark precedents that have shaped its application. Background and Definition UNCITRAL Model Law on Cross-Border Insolvency: This legislative framework provides procedural means for dealing with insolvency cases involving debtors who have assets or creditors in more than one country. The Model Law aims to: - Facilitate cooperation between domestic and foreign cou...

Misleading advertising and deceptive marketing practices are major issues addressed under various consumer protection laws, such as the Consumer Protection Act 2019, which defines these practices and outlines the responsibilities of manufacturers and advertisers to ensure truthful information dissemination. Under this act, consumers are entitled to accurate information about goods and services, and have the right to seek redress for misinformation, including refunds, replacements, or compensation, as stated in Sections 17 and 34 of the Act. Recent judicial developments have shown a trend towards increased penalties for misleading practices. For instance, in 2020, a major U.S. telecom company faced over $200 million in fines for misleading claims about "unlimited" data plans that had undisclosed restrictions, as per the case Federal Communications Commission v. AT&T . Moreover, class action lawsuits have become more prevalent, such as the 2019 case against Vita Coco (Schne...

Introduction The advent of the digital age has revolutionized communication, commerce, and information dissemination. Intermediaries, such as internet service providers (ISPs), social media platforms, and online marketplaces, play a critical role in this ecosystem. They serve as conduits for information and transactions, connecting users with content and services. However, their position also raises significant questions about liability, particularly when the content they host or transmit is illegal or harmful. The legal landscape governing the role and liability of intermediaries has evolved rapidly, driven by technological advancements, societal concerns, and judicial interpretations. In India, this evolution has been particularly dynamic, reflecting the country's growing digital economy and the increasing use of online platforms. Role of Intermediaries Intermediaries serve various functions in the digital ecosystem. They can be broadly categorized into: 1. Conduits: Entities tha...

Introduction: The Indian legal system plays a pivotal role in safeguarding the nation's digital infrastructure against cyber threats. With a robust legislative framework, proactive judiciary, and specialized agencies, India is well-equipped to address the challenges posed by cybercrime. However, enforcement issues, lack of awareness, and privacy concerns pose significant weaknesses. Opportunities for improvement lie in legislative reforms, capacity building, and public-private partnerships, while sophisticated cyber-attacks and regulatory overreach present ongoing threats. Balancing security needs with civil liberties is essential for ensuring a resilient and secure digital future for India. Strengths: 1. Robust Legislative Framework: India has established a comprehensive legislative framework, including the Information Technology Act, 2000, which addresses various aspects of cybercrime, data protection, and intermediary liability. 2. Judicial Activism: Indian courts have been proa...

 Celebrating Achievement: Kapeesh Law Chambers peacefully settled a Commercial Dispute At Kapeesh Law Chambers, we pride ourselves on our seasoned advocates who consistently deliver unparalleled results for our clients. Our latest success story is a testament to our unwavering commitment to excellence and client satisfaction. In a long pending commercial dispute, our adept legal team, led by Advocate Akash Awana, successfully settled the case in favor of our client, Morni Handlooms, against Morni Sarees Pvt Ltd. Case Overview: Morni Sarees Pvt Ltd vs. Morni Handloom Case Details: Case Name: Morni Sarees Pvt Ltd vs. Morni Handloom Date: 08-06-2023 Court: District Judge (Commercial Court), North West/Rohini/Delhi Advocates: Sh. Ankur Tiwari (Counsel for Plaintiff), Sh. Akash Awana (Counsel for Defendant) Application: Under Order 23 Rule 3 CPC The Dispute & Settlement: Morni Sarees Pvt Ltd filed a suit for permanent injunction, alleging trademark infringement, passing off, damages...

  The Legal Profession and Its Exemption from the Consumer Protection Act: A Noble Pursuit The legal profession occupies a unique and venerable position within society, often heralded as a noble profession due to its foundational role in upholding justice, advocating for rights, and contributing to the maintenance of societal order. This esteemed status raises an important question: Should the legal profession be subject to the Consumer Protection Act (CPA)? The prevailing consensus among legal scholars and practitioners is that the legal profession should remain exempt from the purview of the CPA. This article explores the rationale behind this exemption and elucidates why the legal profession is considered a noble pursuit. Understanding the Consumer Protection Act The Consumer Protection Act, enacted to safeguard consumers against unfair trade practices, defective goods, and deficient services, is a cornerstone of consumer rights in many jurisdictions. It provides mechanisms for ...

Settling Matrimonial Disputes through Mediation: A Comprehensive Guide with Recent Supreme Court Findings. Matrimonial disputes are a complex and sensitive issue that affects not only the parties involved but also their families. In recent years, mediation has emerged as a preferred method for resolving such disputes in India. The Supreme Court of India has made significant observations to encourage mediation, recognizing its benefits in reducing the burden on courts and providing a more amicable resolution for the parties involved. This article explores the procedural steps for settling matrimonial disputes through mediation and highlights recent Supreme Court observations and findings. Understanding Mediation in Matrimonial Disputes Mediation is a voluntary, confidential process where a neutral third party, the mediator, assists the disputing parties in reaching a mutually acceptable agreement. Unlike traditional litigation, mediation focuses on cooperation and understanding, aiming ...