Know Your Rights!!

This is an important update to the August 2023 blog post, "Shopping Bag Charges from a Legal Perspective," where I delved into the dynamics between consumer rights, trademark laws, and retail practices. In that piece, I discussed how the common practice of charging for branded bags as an extension of a brand's identity was considered legitimate by large retail chains. Link to the August 2023 post: https://www.ampslegal.in/2023/08/shopping-bag-charges-from-legal.html Fast forward to now, and a significant development following a recent ruling by the Bangalore Consumer Court . This ruling challenges the legitimacy of charging customers for what has been considered a promotional item – a shopping bag printed with a brand's logo. In this case, a Bengaluru resident took furniture giant Ikea to court for charging ₹20 for a carry bag with the company logo. She visited the store in October 2022, where she purchased items worth ₹2,428. However, she was charged an additional ₹...

  🚨 Update Alert! 🚨 Read the latest addendum to 'Shopping Bag Charges from Legal Perspective' for a game-changing insight from the recent Bangalore Consumer Court judgment. 🛍️✨ #LegalUpdate Link to the November 2023 post: https://www.ampslegal.in/2023/11/unpacking-shopping-bag-charges-recent.html My recent visit to the IKEA store taught me that every action of ours has a section in law. As I made my way to the checkout counter, I was presented with a unique scenario – the option to purchase a shopping bag featuring the store's logo for a nominal cost. This seemingly mundane transaction triggered a cascade of inter-connected questions ranging from environmental awareness, and consumer rights to marketing tactics in my legal-oriented mind. Why would a store charge customers for a bag that essentially served as a walking advertisement for their brand? It was a question that sparked a conversation with the store manager, who graciously explained their perspective. "The...

I first learned about living wills when a newspaper article “Renowned gynaecologist registers living will” caught my attention. Then of course, at one of the OTT platforms I saw the movie “Salam Venky” based on the true story of a 25-year-old chess player Kolavennu Venkatesh from Hyderabad who in 2004 pleaded to be euthanised. Almost after 14 years, in March 2018, the Supreme Court of India issued a landmark judgement recognizing the right to die with dignity and allowing for passive euthanasia in certain circumstances. The judgement, passed by a five-judge Constitution Bench led by Chief Justice Dipak Misra, held that "the right to life includes the right to die with dignity" and that individuals have the right to refuse medical treatment or life support in cases of terminal illness or irreversible coma. The case was brought to the Supreme Court by a non-governmental organization called Common Cause, which argued that the right to die with dignity was a fundamental ri...

Title credits: HI (Human Intelligence) + AI (Artificial Intelligence #ChatGPT) A pending criminal case can be a daunting obstacle in the passport renewal process, but it doesn't have to put your travel plans on hold.  "The world is a book, and those who do not travel read only one page." - Saint Augustine In India, the Passport Act of 1967 gives the government the authority to deny, impound or revoke a passport if it is in the interest of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general public. It has been seen that in certain cases, the government has denied renewal or issuance of passports to individuals having pending criminal cases. A Bombay High Court judgement in the case of Nijal Navin Shah vs. State of Maharastra (Criminal Application No. 1193 of 2022) has clarified that an individual with pending criminal cases can renew their passport, subject to checks and ...

The Bombay High Court recently clarified the legal standing of a nominee versus legal heirs in a dispute over a flat in Mumbai. This case, Karan Vishnu Khandelwal v. Hon’ble Chairman/Secretary Vaikunth (Andheri) Cooperative Housing Society Ltd. & Ors. (Writ Petition No. 12468 of 2022 dated 10 November 2022) , highlighted the complexities surrounding property inheritance within cooperative housing societies. Case Background The deceased, MK, was the owner of a flat in a cooperative housing society in Mumbai. During his lifetime, MK had nominated his grandson VK as the nominee for the flat, and this nomination was duly recorded in the society's register. MK passed away intestate (without a will), leaving behind two sons, RK and KK, and his grandson VK, whose father was MK's predeceased son. Following MK's demise, RK obtained a no-objection declaration from his brother KK and claimed a 2/3rd share in the flat. He sought the transfer of this proportionate interest from ...