Advocate Anant Rao

Questions Answered by Advocate Anant Rao (25+ answers)

Q: my college hostel warden did money fraud

my college hostel warden keep booked hostel room at my name and never ask in 2 months and 5 days back she alloted that room to someone else and now after 2 months she called me and ask that i wiil come back or not. i said that i didnt even send any official form but she is not ready to listen and charges 30000 for 3 months and now saying that she didnt asked to pay money why i pay that much amount?

Advocate Anant Rao answered
In the given situation, it is clear that the college hostel warden acted arbitrarily and without any formal communication or consent from your side. You never submitted any official form or written confirmation for retaining the hostel room, nor were you informed that the room was being held in your name. After two months, the warden allotted the same room to someone else, which clearly indicates that the booking was never finalized or maintained for your benefit. Therefore, demanding ₹30,000 for a period during which you neither stayed in the hostel nor availed any facility is unjustified and amounts to an unfair demand.Legally and ethically, fees can only be charged against actual occupancy or a confirmed booking made with the student’s consent. In absence of any written agreement or acknowledgment from your side, the warden cannot impose such a financial burden. You should submit a written representation to the college administration, stating the facts, along with a request to waive the wrongful charge. If no resolution is provided, you may also escalate the matter to the principal or university and if not you can approach court.

Q: Copyright check for garments in ethic category and there plz help me

I want to ask how I got to know that which garment design is patent of any brand in india ??

Advocate Anant Rao answered
In India, garment designs are generally protected not through patents but under the Designs Act, 2000, which safeguards the visual appearance, shape, configuration, patterns, or ornamentation applied to an article, including clothing and accessories. To know whether a particular garment design belongs to a specific brand, one needs to check the registered designs database maintained by the Controller General of Patents, Designs and Trade Marks (CGPDTM), Ministry of Commerce and Industry. The official website provides a public search facility where anyone can look up registered designs using keywords, class of articles (Class 02 specifically covers clothing and haberdashery), the applicant’s name, or registration number. This will help you verify whether the design is registered, who owns it, and the term of protection, which is initially 10 years and extendable by another 5 years. It is also important to note that brands may claim protection through trademarks (logos, brand names, distinctive patterns) or copyright (in original artistic work applied to fabric prints). Therefore, apart from the designs registry, one may also need to search the trademark registry or even published copyright records. Consulting an intellectual property lawyer can help ensure accurate verification and avoid infringement risks in the garment business..

Q: To What Extent Is There A Right To Privacy Under Article 21 In India ?

Is it applicable against individuals rather than just the govt and what does "legitimate aim" requirement mean when a law is made to restrict this right ? SC recently ruled that art 21 and 19 are applicable against individuals too rather than just govt. Does this include all the rights recognised under it like right to privacy ?

Advocate Anant Rao answered
The Supreme Court has clarified that Articles 19 and 21 are not confined only to State action but can, in appropriate cases, be enforced against individuals as well. This extends the protection of rights like liberty, dignity and privacy even in private disputes, recognizing that non-State actors too may endanger these rights. The “legitimate aim” requirement means that if the legislature seeks to restrict a right, such restriction must serve a constitutionally valid purpose such as public order, morality, security or protection of others’ rights. Any such limitation must also satisfy tests of necessity and proportionality. Thus, rights such as the right to privacy under Article 21 are enforceable against individuals, while any curtailment by law must be demonstrably reasonable, justified by a legitimate aim, and proportionate to the objective pursued.