Law of Obscenity in India

Posted on October 19, 2013 by Sandeep Bhalla

The aim of this opusculum is to apprise the law against obscenity as it happens around the globe while comparing it with Indian laws and its interpretation. These initial chapters would clinch the subject of obscenity. For advanced readers the detailed analysis of judgements with its citations would be of special interest.
This book is a part of series aimed at students and common people interested in understanding the relevant law while also going into a mild debate that is required from a Legal Commentary. Hard copy of this book can be purchased here.
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What is love?

Don’t Die young!

Does ‘Yes’ Means anything?

How to make a Will in India.

Posted on September 25, 2013 by Sandeep Bhalla

A self-help ebook on Will.

We are what we possess. Our possessions define us. Our definitions pronounce our relations. Here is a self-help book to achieve the last aim of settlement of affairs of possession, after death, through a Will. This is a book on the subject of drafting a will.

This is a legal guide written in accordance with Indian Law but it may generally be correct for all countries following Anglo-Saxon laws. This book is intended to remove doubts and myths about Wills which are compounded by free misinformation available on the Internet either as a web page or guide-lines in pdf format.

The book is available at Google Play Store for Android users as also Amazon Kindle for others.

Readers in India can purchase hard copy i.e. paperback of this book here.

Readers in USA can purchase hard copy i.e. paperback of this book here.

It may be noted that succession to immovable properties situated in India, shall be regulated by Indian Laws, irrespective of the domicile of such person. In other words, foreigners who own immovable assets in India, shall have to confirm to Indian Laws to make a legally competent and operative Will. This book is intended to act only as a brief introduction to the laws relating to Wills and is not intended to replace legal advice from a competent practitioner of law.

The target readers are law students and amateur beginners who wish to draft their own Will. It is however strongly advised that after drafting a Will in accordance with this book, do consult a Lawyer of your choice and get it vetted from him/her.

Kindle store link:

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Caution: This book is generally applicable to Hindus, Sikh, Jain etc. domiciled in India. Most part of this Book may not be applicable to Indian Christians, Muslims and Parsees who are governed by separate customary law in India. It also do not apply to armymen, airmen and marines who are entitled to execute privileged (oral) Wills.

Continue reading →

Supreme Court of India on Patent Law

Posted on April 15, 2013 by Sandeep Bhalla

Product patent is something new to India. While we had process patent for nearly a century the product patent has been introduced hardly a decade age. In a recent case by Novratis AG, the Supreme Court of India refused to follow the line of reasoning adopted by American Courts on the subject in following words:

“We would like to say that in this country the law of patent, after the introduction of product patent for all kinds of substances in the patent regime, is in its infancy. We certainly do not wish the law of patent in this country to develop on lines where there may be a vast gap between the coverage and the disclosure under the patent; where the scope of the patent is determined not on the intrinsic worth of the invention but by the artful drafting of its claims by skilful lawyers, and where patents are traded as a commodity not for production and marketing of the patented products but to search for someone who may be sued for infringement of the patent.”
(emphasis in italics added)

A very bold but at the same time scathing remark on the prevailing judicial interpretation in other parts of world. Supreme Court of USA is presently groping with a case relating to patent of part of human genome claiming the research is an invention and not a discovery. We wonder if its attention shall be drawn to harsh realities as observed by Supreme Court of India and quoted above.
Read more about Novratis case here.

Gay Marriage: An outsider’s perspective on issues.

Posted on April 1, 2013 by Sandeep Bhalla

Reasons to marry.

It was long time ago that I heard a logic ‘We all know the ‘reason’ why people get married, but it is never mentioned explicitly.’ Now I wonder what that meant. In fact every time I asked a person getting married or recently married, the answer was that this is what every one does. Some courageous one tell me that they married because they loved each other. In some of those cases I only had to wait few years to ask again. But that is a different matter. Or is it really different? Unfortunately I am not personally acquainted with any homosexual person. However I believe that this should not change anything because I never had privilege of peeping into bedroom of any other couple hetro or homo. But my question remains same. Why marriage? Continue reading →

Legal Drafting by Chartered or Certified Accountants, Clerks or Estate Agents.

Posted on December 15, 2012 by Sandeep Bhalla

Drafting a legal document is a very specialized job which is not taken seriously at all. In this copy, paste and template culture the problem has become worst. To draft a legal document, the draft-man must have knowledge of legal requirements and ability to read the document. By reading means, the manner in which it would be read in a court of law. Reading a document is based on principles of interpretation. These principles differ for different documents and sometime for different clauses of same document.

This is the title deeds for the Duke of Exeter. (Photo credit: Wikipedia)

Principles of interpretation

Broadly any clause in a document can be read in three ways:
1. Strict or literal construction;
2. Liberal or objective construction;
3. Moderate or harmonious construction
Apart from above macro classification, different laws have its own specific requirements. Some require Formal deed some do not insist on formality. Contrary to popular belief ordinary law of contract in India and most of the countries, do not require a signed contract, for most of transactions.

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