Practice Notes

Intellectual Property Rights in the UAE: A Lawyer’s Handbook

The United Arab Emirates (UAE) has emerged as a hub for business and innovation in the Middle East, making the understanding and enforcement of intellectual property (IP) rights crucial. IP rights in the UAE are governed by a comprehensive legal framework designed to protect the creations of the mind, including inventions, literary and artistic works, …

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Corporate Compliance in the UAE: Essential Legal Protocols

The United Arab Emirates (UAE) has established a robust framework for corporate governance to ensure transparency, accountability, and ethical business practices. This practice note delves into the essential legal protocols for corporate compliance in the UAE, covering various aspects such as company types, governance requirements, roles of boards and shareholders, and reporting obligations. Types of …

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U.S. Administration Stands Firm on Diversity in Military Academy Admissions Amid Legal Challenge

In a significant legal development, the Biden administration has taken a resolute stance in support of race-conscious admissions policies at the United States Military Academy at West Point. This move comes in response to a legal challenge against the academy’s consideration of racial factors in its admission process. The case centers around the contentious issue …

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Understanding the Limitation Period in Domestic Violence Cases

The “Kamatchi vs. Lakshmi Narayanan” case is pivotal in Indian legal history, especially in the context of domestic violence. This Supreme Court judgment addresses critical aspects of the Protection of Women from Domestic Violence Act, 2005, specifically the application of the limitation period. The case is significant as it clarifies legal ambiguities regarding the timing …

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Upholding Judicial Integrity: Supreme Court Advocates Dignified Working Conditions for Judges

In a landmark ruling on November 30, 2023, the Supreme Court emphasized the imperative of ensuring dignified working conditions for judicial officers, both during their active service and post-retirement. The pivotal case, All India Judges Association v. Union of India, focused on the implementation of recommended pay hikes for judges, as proposed by the Second …

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Scope and Limitations of Court’s Power to Summon Witnesses Under Section 311 CrPC

In India, under Section 311 of the Code of Criminal Procedure (CrPC), the court has the authority to summon or recall any person as a witness at any stage of a trial if it considers their testimony essential to the interests of justice. This provision ensures that no aspect of a case is overlooked and …

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Agreement to Sell Does Not Transfer Property Ownership Rights

The Supreme Court of India’s decision in Civil Appeal No. 10327 of 2011, involving Munishamappa versus M. Rama Reddy & Ors., presents a complex legal scenario, particularly relevant to lawyers. This analysis will dissect the judgment’s nuances, emphasizing its implications for property law, contract law, and legal procedures in India. Background of the Case The …

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Understanding the Application of ‘Order 22: Abatement and Survival of Suits’ under the CPC

Introduction Order 22 of the Code of Civil Procedure, 1908 (CPC), plays a pivotal role in civil litigation in India. It addresses the procedural framework for the abatement and survival of suits in cases of death, marriage, and insolvency of parties involved. Key Provisions of Order 22 Automatic Abatement (Rule 1): A suit automatically abates …

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Navigating Real Estate Laws in Dubai: A Guide for Lawyers

Introduction Real estate laws in Dubai are subject to continuous evolution, presenting challenges and opportunities for legal practitioners. Understanding the nuances of these laws is crucial for lawyers advising clients in property transactions. This guide provides a comprehensive overview of the legal landscape as of 2023, focusing on significant changes, key legal frameworks, property rights, …

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The Jurisprudential Analysis of ‘Ex parte Decree’ under the CPC

I. Introduction   The term ‘Ex parte decree’ under the Civil Procedure Code (CPC) holds significant jurisprudential implications in the Indian legal landscape. An ex parte decree is a judicial decision passed in the absence of one of the parties involved in the case. This practice note aims to provide an exhaustive and comprehensive analysis …

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