Surrogacy in India - Get a Womb!

Introduction

In ancient times surrogacy cases were rarely spoken about and were never documented. Traces and hints of surrogacy can be found in Mahabharata[1], in relation to the birth of Balaram, the brother of Krishna[2]. The earliest clear record of surrogacy can be found in the bible in which the story of Abraham and Sarah[3] mentions that Sarah had experienced infertility, and asked her handmaiden, Hagar, to carry a child for her and Abraham[4]. Since biblical times, there have probably been many such surrogate pregnancies. But it is not until the late 1970s that anything is recorded again[5]. In 1976, lawyer Noel Keane brokered the first legal agreement between a set of intended parents and a traditional surrogate mother[6]. The surrogate mother did not receive compensation for this. Commercial surrogacy was first recorded in 1980 when Elizabeth Kane received compensation for surrogacy.[7]

The Basics of Surrogacy

Surrogacy is the practice whereby

Introduction to Property Tax in India

Property tax in India is not as easy to understand as someone might think. However, if we dissect it into smaller and simpler to understand parts, it will definitely make things a lot easier.

The property tax rates in India have been rationalized to make them easier for public to understand. The changes have been made to make the tax system comply with the international property tax standards. Capital Value System (CVS) has been introduced in Bangalore. Similarly Delhi has set up a website making tax payments a lot easier. However, there are still a lot of misconceptions about property tax in India that need to be cleared. The most important question that often goes unanswered is

SC- Hindu Woman Entitled to Same Property Rights as other Male Siblings

The Supreme Court in the case of Ganduri Koteshwaramma & Anr. vs Chakiri Yanadi & Anr. held that a Hindu lady will have equal property rights as her other male siblings, for partitions made in intestate succession after September 2005.

A Division Bench of Justice R.M. Lodha and Justice Jagdish Singh Khehar upheld the order of the trial court while also setting aside the judgment of the Andhra Pradesh High Court’s decision which did not recognize the same property rights of Hindu daughters as their brothers. The Apex Court held that

Trademark Dilution: Yea or Nay

(Also read our previous post on the basics of 'Trademark Dilution')

“None should be continued to be allowed to use a world famed name to goods which have no connection with the type of goods which have generated the world wide reputation.”[1]

-         Justice M. Narain

Introduction

In today’s world, where consumers purchase products not based on quality or usefulness, but instead are carried away by the brand name and trade symbol which accompany the product, protection of the distinctiveness of a trademark is of the utmost importance. Trademark dilution is a claim which the owner of a famous trademark can make to prevent others from using a mark which decreases the value or distinctiveness, or tarnishes the reputation, of the famous mark.[2] Many scholars argue

Cash Compensation Received by a Member of Housing Society Under Redevelopment Scheme, “Capital Receipt” not “Revenue receipt”

The Income Tax Appellate Tribunal at Mumbai, in the case of Kushal K Bangia, Mumbai v. Assessee  (ITA/No. 630/Mum/2006) (the entire case can be found here.) ruled that the cash compensation received by a member of the housing society under a redevelopment scheme from a developer should be treated as a “capital receipt” and, therefore, would not be taxable as “revenue receipt” in the hands of the member. As a result, the compensation would reduce the cost of acquisition of the new flat at the time of computing the capital gains in respect of the said new flat. The brief facts

Bringing Home the Law: Getting Domestic Workers within the Ambit of Labour Law

Also read our other article on Bringing Domestic Workers within the Ambit of Labour Law by Shashank Sahay

§  Introduction:-

 Domestic workers carry out a range of household services, from providing care for children and elderly dependents to cleaning and household maintenance. In India, It is one of the largest sectors of work in urban areas and an important source of employment for women. These workers are many times deprived even a single day off in the entire month. Some domestic workers are live-in and may be made to

Legal Internship- Indian Law Firms, LPOs and NGOs

We know he's an associate, not an intern,
but you get the point, right?

Given below is a list of law firms where one can apply for legal internship/articleship along with the departments or areas of practice of the firm, address, e-mail address, website and procedure for applying. We have endeavored  to cover law firms or LPOs or NGOs all over India, but you may find that the list focuses on those which are Mumbai based. 

The list is constantly updated and everything given below is to the best of the authors knowledge. If you feel any changes, additions or deletions are required you may comment below or e-mail us at mowingthelaw@gmail.com or use the Contact Us form. In any case please do comment below if you have used any of the information contained herein. Enjoy!:

Professional Ethics in the Legal Profession:- A Dying Concept?

Also read article on Should Indian Lawyers be Allowed to be Paid on Contingency Basis

“Ethics is not definable, is not implementable, because it is not conscious; it involves not only our thinking, but also our feeling.”

-Valdemar W. Setzer

Introduction

Open the newspaper on any regular day and you will see news such as doctor being caught in the business of revealing the sex of a foetus or a judge accused of taking a bribe or similar stories. Only a person of the respective profession can understand the shame the members of their profession feel when they read such news.

Professional ethics is basically the standard or code of behavior that a professional must follow. There is no clear definition of the word ‘professional’, but for the purposes of professional ethics it may be safe to assume that a "professional" means any person in an occupation which requires public licensing or

Privacy in Cell Phone Communication: Issue still open

The is article is written by Arkady Bukh, a criminal defense lawyer in New York.

In U.S.A. this issue is still open at least on the Federal level.  However, many of the states have needed to make decisions on what Fourth amendment protections apply to cell phone text messages.  The questions being asked include whether the police can just pick up a cell phone and look at it contents without a warrant; can they even pick up the cell phone without a warrant, are the text messages to and from that particular phone protected private material of the cell phone owner, or even

Reciprocal / Mutual Wills in the Nature of Wagering Agreements and Against Public Policy - Sample Mutual / Reciprocal Will Format

(Also read 'Good WILL Hunting- The Importance of Making a Will - Sample Will Format' Sample Format of Mutual/Recirocal Will can be found below.)

One of the Fundamental Distinctions between a Will and a Contract is Privity. The beneficiary to a Will does not and cannot sign the Will of the Testator. There is no proposal or acceptance. However, there is one type of Will, in which the Testators must sign and the they  also stand a chance to be the beneficiaries. This is a mutual/reciprocal Will. This is where two or more persons make a mutual will where reciprocal benefits are conferred upon each other i.e. similar rights are given to each other in each other’s property. For example, A bequeaths all this property to B, and B makes a Will giving all his property to A.

It is well settled that a mutual/reciprocal will cannot