Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

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Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces The Supreme Court of India has suggested that the Union Government develop a comprehensive policy addressing the construction of feeding rooms and childcare facilities  in public places. This move aims to ensure that nursing mothers and their children can access basic amenities in a dignified and private manner, reinforcing their fundamental rights under the Indian Constitution. SC Encourages Policy Formulation A bench comprising Justice BV Nagarathna  and Justice N Kotiswar Singh  highlighted the absence of a structured framework to address this pressing issue. The court advised the Centre to propose a policy that could then be implemented across the states, scheduling the next hearing for December 10, 2024.   The apex court emphasized that before issuing formal directions, it was crucial to understand the Centre’s perspective on implementing the petitioner’s demand for childcare and feedi...
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The Rise of Franchising: A Legal Perspective in India

The Rise of Franchising: A Legal Perspective in India

                                      


Introduction

In the dynamic landscape of modern business, the concept of franchising has emerged as a powerful model, facilitating the expansion and proliferation of businesses across various industries. A franchise is a contractual agreement between two parties—the franchiser (the owner of a business concept or brand) and the franchisee (an individual or entity granted the right to operate a business using the franchiser's brand, products, and systems). This collaboration enables the franchisee to establish and run a business while leveraging the established brand, support systems, and operational frameworks provided by the franchiser.

Modern Days Need

The allure of franchising in the contemporary era stems from several factors. Firstly, it offers a proven business model, reducing the inherent risks associated with starting a new venture from scratch. Franchisees gain access to a recognized brand, established customer base, and operational guidelines, significantly increasing the chances of success compared to independent startups. Secondly, the franchise model allows for rapid scalability and market penetration, enabling both parties to benefit from mutual growth and profitability. Moreover, in an interconnected global economy, franchising provides a bridge for businesses to expand across borders and enter new markets efficiently.


Central to the franchise system is the franchise agreement, a legally binding document delineating the rights and obligations of both the franchiser and the franchisee. This agreement typically encompasses aspects such as the duration of the franchise relationship, financial obligations, operational guidelines, intellectual property rights, training and support, termination clauses, and dispute resolution mechanisms. It serves as the cornerstone of the franchiser-franchisee relationship, ensuring clarity and defining the parameters within which the business operates.

Laws In India

In India, franchising operates within the framework of various laws and regulations. The principal legislation governing franchising in India is the Indian Contract Act, 1872, which governs the contractual relationship between the franchiser and franchisee. Additionally, intellectual property laws, including the Trademarks Act, 1999, and the Copyright Act, 1957, play a pivotal role in safeguarding the intellectual property rights associated with the franchise, such as trademarks, logos, and proprietary business methods.


Case Law


Over the years, several landmark judgments by the Supreme Court of India have shaped the legal landscape of franchising in the country. One such significant case is the ruling in the case of Laxmikant Patel vs. Chetanbhai Shah (2002), which emphasized the importance of good faith and fair dealing in franchise relationships. The judgment underscored the need for both parties to adhere to the terms of the franchise agreement and act in good faith towards each other, setting a precedent for equitable dealings in the industry.


Conclusion


In conclusion, franchising has emerged as a formidable business model fostering collaboration, innovation, and growth in the modern era. Its popularity stems from the mutual benefits it offers to both franchisers and franchisees, providing a structured framework for business expansion. With a robust legal framework and landmark judgments guiding the franchising landscape, India continues to witness the evolution and proliferation of franchising as a key driver of economic development and entrepreneurship.

Location: Pune, Maharashtra, India

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