Anamika Gandhi

Student at National Law University, Odisha

Author Archives: Anamika Gandhi

Doctrine of Incidental or Ancillary Powers: Explanation with Related Case Laws

The Doctrine of Incidental or Ancillary Powers: The principle of this doctrine has developed as an addition to the Doctrine of Pith and Substance. The Doctrine of Incidental and Ancillary Powers enables the Indian Judiciary to resolve any conflicts related to the competence of legislative powers given to the Union and State Government. This doctrine is invoked when……...

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Doctrine of Pith and Substance: Applicability in the Indian Constitution

The Doctrine of Pith and Substance: The power granted to legislatures to formulate a statute under three lists of the seventh schedule in the Constitution of India is bound to overlap at certain points but this can’t be used as a reason to make the whole statute null and void. Therefore, incidental effects or encroachments are permissible under……...

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Doctrine of Colourable Legislation

Doctrine of Colourable Legislation: Legislation is considered as colourable when a legislature having no power or legislative competence enacts legislation that is so camouflaging that it appears to fall within its legislative competence. The objective lies in the fact that what the legislature can’t legislate directly; it cannot go beyond its competency to legislate it indirectly. This principle……...

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Doctrine of Eclipse in Constitutional Law: Analysis with Related Case Laws

The literal meaning of “eclipse” refers to the occurrence when one object overshadows another. In reference to Constitutional law, the doctrine of eclipse is known to be applied in cases in which an act or law has the tendency to violate the fundamental rights guaranteed under the Indian Constitution. In that scenario, the fundamental rights will overshadow the……...

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Everything about Well-Known Trademarks

A well-known trademark differs from a “regular trademark” in the amount of protection that is granted to the former in comparison to the latter. With the advent of globalization, people can travel more easily, have access to all sorts of information within seconds and have goods delivered to their doorsteps from across the borders. This has inevitably led……...

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Kinds of Trademark

In the simplest terms, a trademark is a visual symbol which may be a word, signature, name, device, label, numerals or combinations of colours used by one undertaking on its goods and services or other articles of commerce to distinguish itself from other similar goods and services originating from a different undertaking. This article enumerates and describes the……...

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Historical Development of Trademark Law

At present, there are various laws that govern trademark laws on a national & international level. However, to understand the circumstances in which the modern trademark law came into being, it is pertinent to our discussion here to ask about the origins of trademarks. This article traces the origins of the concept of a trademark as well as……...

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Trademarks: An Overview

Trademarks are an important component of Intellectual Property Law, the law that protects the various creations of mind and rewards creators for their creations. One such IP law is the trademark law that protects names, symbols, designs and phrases associated with a business or enterprise. This article will delve into the basics of trademarks and trademark laws in……...

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Relevancy of Motive in Tortious Liability

It is important to know whether the motive behind an action is relevant to constitute tortious liability or not even though the motive is largely irrelevant in penal laws, except to determine the punishment. This article discusses the relevancy of motive in tortious liability and the exceptions to the rule. Moreover, it is very often that “motive” and……...

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Essentials of the Law of Torts

This article titled ‘Essentials of the Law of Torts ‘ is written by Anamika Gandhi and discusses the essentials of the law of torts. I. Introduction The Law of Torts allows the plaintiff to claim damages from the defendant for a tortious act. The term “tort”, has been derived from the Latin word tortum which means “twisted” or “crooked”….…...

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