How-To Guide

The Indian patent system provides a robust mechanism for challenging the validity of patent applications and granted patents through opposition proceedings under Section 25 of the Patents Act, 1970. These proceedings serve as a crucial check against the grant of patents that do not meet the statutory requirements of novelty, inventive step, and industrial applicability. The law provides for two distinct types of opposition: pre-grant opposition under Section 25(1), which can

A trademark opposition is one of the most important mechanisms available under Indian intellectual property law for protecting brand rights. If a person or business believes that a trademark application published in the Trademark Journal conflicts with their existing rights, they can formally challenge the registration by filing a notice of opposition. This process is governed by Section 21 of the Trade Marks Act, 1999, and is available to any person, whether or not they hold

Environmental clearance (EC) is a mandatory approval required for setting up or expanding projects that may have a significant impact on the environment. In India, the process for obtaining environmental clearance is governed by the Environmental Impact Assessment (EIA) Notification 2006, issued under the Environment (Protection) Act 1986. The Notification requires project proponents to undergo a structured assessment process before commencing construction or operations. This

When a court grants bail in a criminal case, it typically requires the accused to furnish a bail bond, which may be a personal bond or a bond with one or more sureties. A surety bond is a legal document executed by a third person who guarantees the appearance of the accused before the court as and when required. Under the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS), which replaced the Code of Criminal Procedure 1973, the provisions relating to bail bonds and sureties are c

Customs duty is levied on goods imported into or exported from India under the Customs Act 1962. In certain situations, importers or exporters may be entitled to a refund of customs duty already paid. This may arise due to excess payment, reassessment of duty, re-export of goods, or compliance with export promotion schemes. Section 27 of the Customs Act 1962 provides the legal framework for claiming customs duty refunds. This article explains the procedure for filing a refund

Winding up is the legal process by which a company's existence is brought to an end through the realization of its assets, payment of its liabilities, and distribution of any surplus among its members. Under the Companies Act 2013, a company may be wound up by an order of the National Company Law Tribunal (NCLT) on specific grounds. While companies are governed by the Companies Act, the dissolution of other business structures such as partnership firms follows a separate proc

Manufacturing pharmaceutical products in India requires a drug manufacturing license issued under the Drugs and Cosmetics Act 1940 and the Drugs and Cosmetics Rules 1945. This license ensures that drugs produced in the country meet prescribed standards of quality, safety, and efficacy. Whether you are setting up a new pharmaceutical manufacturing unit or expanding existing operations, obtaining the correct license is a mandatory legal requirement. This article explains the st

A Caste Validity Certificate is an essential document for individuals belonging to Scheduled Castes (SC), Scheduled Tribes (ST), De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes (OBC), and Special Backward Categories in Maharashtra. Issued by the Caste Scrutiny Committee after a thorough verification process, this certificate is required for availing benefits under government reservation policies in education, employment, and other public services. T

Probate is the legal process by which a court certifies the validity of a will and confirms the authority of the executor named in it to administer the estate of the deceased. In India, the probate process is governed by the Indian Succession Act 1925. While the Repealing and Amending Act 2025 omitted Section 213, which previously made probate mandatory in certain jurisdictions, obtaining probate remains advisable in many situations to conclusively establish the will's validi

An Essentiality Certificate (EC) is a critical document required for importing certain categories of goods into India at concessional or nil customs duty rates. The certificate serves as proof that the goods being imported are essential for a specific project, industrial operation, or government-approved purpose. This guide explains the concept of the Essentiality Certificate, the authorities responsible for issuing it, the categories of goods covered, the application procedu

Converting agricultural land to non-agricultural (NA) use is a common requirement for landowners who wish to develop their property for residential, commercial, or industrial purposes. In India, this process is governed by state-level revenue laws, and the procedure, fees, and documentation requirements vary from state to state. This guide explains the general framework for applying for land use conversion, with specific reference to key state laws such as the Maharashtra Lan

A partnership firm is one of the simplest forms of business organization in India, where two or more individuals agree to share the profits and losses of a business. While the Indian Partnership Act 1932 does not mandate registration, it is strongly advisable due to the significant legal consequences of operating an unregistered firm. This guide walks you through the complete procedure for registering a partnership firm, from drafting the partnership deed to filing with the R

In a civil suit, the defendant is not limited to merely defending against the plaintiff's claim. Under Order 8 Rule 6A of the Code of Civil Procedure, 1908, the defendant may set up a counter-claim against the plaintiff, effectively raising an independent cross-action within the same suit. This provision, introduced by the CPC (Amendment) Act of 1976 following the recommendations of the 27th Law Commission Report, allows the defendant to claim relief against the plaintiff wit

When a defendant fails to appear before a civil court on the date fixed for hearing, the court may proceed to hear the case in the defendant's absence and pass a decree known as an ex parte decree. The Code of Civil Procedure, 1908 provides a specific remedy for the aggrieved defendant: an application under Order 9 Rule 13 CPC to set aside the ex parte decree. This guide explains the grounds, limitation period, procedure, and practical aspects of filing such an application. W

When a person dies leaving a Will, the executor or beneficiary named in the Will may apply to a competent court for a grant of probate under the Indian Succession Act, 1925. The court, before granting probate, issues a public citation inviting any person who wishes to oppose the grant to file objections. Filing objections to a probate petition is a critical step for legal heirs, family members, or interested parties who believe that the Will is invalid, forged, or obtained th