Law Article of 2015

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Articles Published in 2015

Establishment of Foreign Entity in India : This article shares an introduction on different ways in which any foreign entity can develop its business in India read full article.-Ankit Modi- Posted: 2015/12/8

Harmonious And Beneficial Construction As Rules of Interpretation: Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning.-Arjun Gupta - Posted: 2015/12/8

Analysis of regulations governing IFSCs in India:The project of developing International Financial Services Centre in the State is an innovative and a unique project being the first of its kind in the country which does not involve either grant.-Shaurya Joshi & Deepti Bajpai- Posted: 2015/12/18

A study of Formation and challenges of electronic contract in cyberspace: E contracts laws, formation of it & critical approach is very important study for E-commerce review. The main object of this research paper to focus on exact fact of e-contract in the light of cyberspace. It is not paper based contract but it is electronic contract.-Asst. Prof. Mrs. Neeta Pramod Ghadge- Posted: 2015/12/15

Notice Format u/s 41-A Crpc: The notice is subject to improvement by learned experts in connection to legal require merits.- BKK, Judge(Jr.Div) AP Judiciary- Posted: 2015/12/11

Harmonious and Beneficial Construction: These are basic rules of Interpretation of law. They follow the principle of statute shall be read as a whole and should confer benefits to the people.-Arjun Gupta- Posted: 2015/12/11

Rainbow Rights: The article deals with the various aspects of Article 21 of the Indian Constitution, tracing its judicial history in the light of LGBT rights.-legallyshwetank17- Posted: 2015/12/8

Article 35A: Necessity but not Charity: Jammu & Kashmir has been claimed by India as an integral part of the Dominion of India based on Instrument of Accession entered by its ruler Maharaja Hari Singh on 26th October 1947 and subsequent ratification of that Instrument by the J&K Constituent Assembly on 5th November 1951.-Tasaduq Suhail and Hafsa Khan- Posted: 2015/12/8

Doctrine of Parimateria in interpretation of statutes: It is no doubt a recognized rule of interpretation, that where statutes are parimateria that is to say, are so far related as to form a system or code of legislation, such Acts are to be taken together as forming one system and as interpreting and enforcing each other.-Deepti Bajpai - Posted: 2015/12/8

Anti-defection law the challenges: The object of Anti-defection law was to bring down the political defections but due to ever increasing political dishonesty and corruption this law never evolved properly and now the question is that whether achieving the goals of this law is a reality or a myth.-Dr Prem Kumar Agarwal- Posted: 2015/12/08

Factors Negatively Influencing Psychology of Juveniles : The recent statistics released by the National Crime Records Bureau (NCRB), Ministry of Home Affairs, give out an alarming increase in the number of crime rates by the juveniles.-Surpreet Kaur- Posted: 2015/11/30

Restitution of Conjugal Rights: The 71st Law Commission Report titles Irretrievable Breakdown of Marriage as a ground for Divorce, para 6.5 read as follows.-Sugandha.ch- Posted: 2015/11/30

Understanding 498a cruelty: 498a envisaged in indian penal code, it is called as legal terrorism, most of the married men in India are facing false cases and spending lot of time in litigation and lot of harassment, the main soul of this section is cruelty, the word cruelty is interpreted by various judgments by courts in India.-Nitish Banka- Posted: 2015/11/30

Is Beef Ban in Maharashtra Constitutional?: The Maharashtra Animal Preservation (Amendment) Bill took 19 years to become law - it was first passed by the state's Hindu nationalist Bharatiya Janata Party (BJP)-Shiv Sena government in 1995 and was sent to the president for approval in January 1996.-khush- Posted: 2015/11/24

Theory of Relationship between Law and Morality: Ever since the revival of the scientific study of jurisprudence the connection of law and morality has much discussed, but the question is not yet, and perhaps never will be settled.-Manmeet Singh- Posted: 2015/11/24

Draft Patent (Amendment) Rules, 2015 changes on the face of it: The Patent Rule changes made Before Amendment After Amendment.-Dhruv Grover- Posted: 2015/11/24

Obligations under GATT and GATS: The International Trade Agreements i.e. GATT and GATS are required to be honoured by all the signatory governments and in case of breach by contracting government , the same may lead to severe trade sanctions being imposed upon the country.-ishannb1989- Posted: 2015/10/28

Disciplinary Proceedings against a Govt. Servant: Servants under Article 311 of the Constitution of India Article 311 provides two procedural safeguards to the civil servants in relation to their tenure of office. These are:- A) No removal or dismissal by an authority subordinate to the appointing authority. B) No removal or dismissal or reduction in rank, except after an inquiry affording reasonable opportunity of hearing. However, as is said by Lord Acton that power corrupts and absolute power corrupts absolutely, many a times, some Govt. Servants start misusing their official power and position.-Ramanjeet- Posted: 2015/10/26

Environmental Laws and Constitutional Provisions In India: Environmental degradation in India has been caused by a variety of social, economic, institutional and technological factors. Rapidly growing population, urbanization and industrial activities have all resulted in considerable deterioration in the quality and sustainability of the environment. Environmental ethics have also formed an inherent part of Indian religious precepts and philosophy.-Adv Rudra- Posted: 2015/10/22

Right to Education: Education is a powerful tool by which economically and socially marginalized adults and children can lift themselves out of poverty and participate fully as citizens.-Manmeet Singh- Posted: 2015/10/17

Insurable Interest in insurance contract: The definition of insurable interest has been continuously expanding. the most commonly quoted definition of insurable interest is that of Lawrence J, in Lucena v Craufurd, in which it was said that “A man is interested in a thing to whom advantage may arise or prejudice may happen, from the circumstances which may attend it…to be interested in the preservation of a thing, is to be so circumstanced with respect to it as to have benefit from its existence, prejudice from its destruction”.-mohitgp123- Posted: 2015/10/15

Steps in Conducting a Patent Search: A patent is an exclusive right conferred on person or legal entity to exclude others from making, using, and selling the patented invention for a limited time period.-Karan- Posted: 2015/10/15

The Role of Securities and Exchange Board of India in Regulating the Primary Market for Securities: The Security and Exchange Board of India was established by the government of India on 12 April 1988 an interim administrative body to promote orderly and healthy growth of the securities orderly and healthy growth of the securities market and to protect investor’s rights.-Siddharth Arora- Posted: 2015/10/15

Corporate Social Responsibility and Environmental Protection: India has a history of having a compassionate attitude towards environment. But with the passage of time the ethical values towards society have degraded as a result of which judiciary intervened so as to protect the environment..-rohit sharma- Posted: 2015/10/14

Role of Lawyers in Social Transformation: Lawyers played a central role in drafting of constitution.The proceeding clearly show the part played by the lawyers in elaborating the basic concept of secularism, democracy and egalitarianism. -Anuj Anant- Posted: 2015/10/03

National Judicial Appointment Commission Act: Article 217 says Every judge of the High court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India (CJI), The Chief Justice of High court.-Paarth Gupta- Posted: 2015/10/05

State Under Indian Constitution: understand the expanded meaning of the term other authorities in Article 12, it is necessary to trace the origin and scope of Article 12 in the Indian Constitution. Present Article 12 was introduced in the Draft Constitution as Article 7.-Abhishek Negi- Posted: 2015/10/03

Gender Sensitization and Rehabilitation of Rape Victims: It is about creating awareness relating to gender issues. Rape Survivors need help of variety of institutions like police, hospitals etc. but unfortunately they are institutions of their secondary victimization. Monetary compensation cannot be only an effective remedy. Special Policies are required for this end.-Vini Kewaliya- Posted: 2015/10/03

Business Ethics and Corporate Frauds: Corporate governance became a well-discussed topic in the business press. Newspapers produced detailed accounts of corporate fraud, accounting scandals, excessive compensation, and other perceived organizational failures – many of which culminated in lawsuits, resignations, and bankruptcy.-Manmeet Singh- Posted: 2015/10/03

Corporate Social Responsibility: The phrase stumbled on common make use of afterwards to your 1970s as well as 1990s as well as organizations and the ones thoroughly acknowledged as well as supported this. Within 1977 less from the Bundle 500 corporations explicitly given Management and business Cultural Responsibility of their twelve-monthly reports.-Prashanti Upadhyay- Posted: 2015/10/3

Defamation : Any intentional false communication, either written or spoken , that harms a person’s reputation; decreases the respect, regard or confidence in which a person is held; or induces disparaging, hostile or disagreeable opinions or feelings against a person is known as defamation.-Neha Malhotra- Posted: 2015/09/23

Tribunalization of Justice: Tribunal means a set or a bench upon which judge or judges sit and decide controversies between the parties and exercises judicial powers as distinguished from purely administrative functions.-Paarth Gupta - Posted: 2015/09/23

Crusading against child sexual abuse through law, introspecting the POSCO: The POSCO Act is gender neutral Consent of the child is irrelevant in cases under the POSCO Act, The POSCO Act is only applicable to child survivors and adult offenders.-Divyalakshmi- Posted: 2015/09/21

Waste Management In India : An inevitable consequence of development and industrial progress is generation of waste. Therefore, efficient waste management is a matter of international concern and countries have set up robust regulatory waste management regimes for balancing the objectives of development and environment sustainability.-Khushbu Sahu- Posted: 2015/09/20

The Arbitration and Conciliation (Amendment) Bill, 2015: the Bill should reflect the recommendations made by the Law Commission in its 246th Report, however, since it is futile to proceed with an analysis on the assumption that it definitely will, an in-depth analysis of the Bill’s effect must wait. Still, the Law and Justice Minister.-Khushbu Sahu- Posted: 2015/09/20

Right To Maintenance Section 125 crpc: The Honble Supreme Court in a path breaking judgment Chanmuniya Vs. Chanmuniya Virendra Kumar Singh Kushwaha and Anr1 held that Where partners lived together for a long spell as husband and wife, a presumption would arise in favour of a valid wedlock.-Khushbu Sahu- Posted: 2015/09/20

Sexual Harassment of women at work: In 1997, the Honble Supreme Court of India, in Vishaka case acknowledged the gravity of sexual harassment of the working women at the workplaces and laid down guidelines making it mandatory for employers to prevent the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment..-Khushbu Sahu- Posted: 2015/09/20

Role of Judiciary In Strengthening PIL: In India judicial activism was made possible by PIL (Public Interest Litigation). Generally speaking, before the Court takes up a matter for adjudication, it must be satisfied that the person who approaches it has sufficient interest in the matter.- Roopali Singh - Posted: 2015/09/17

Killer Provisions of The Companies Act, 2013: If economic activity and growth are analogous to a wheel, then provisions of section 185 and 188 of the Companies Act, 2013 are surely analogous to disc brakes.- Abhishek Seth - Posted: 2015/09/17

Equality in India – Social and Political Scenario: This article is concerned with social and political equality. In its prescriptive usage, ‘equality’ is a loaded and ‘highly contested’ concept. Sociological and economic analyses of equality mainly pose the questions of how inequalities can be determined and measured and what their causes and effects.- Avinash Gadhre - Posted: 2015/09/16

Cruelty - as a ground for Divorce: Matrimonial matters are matters of delicate human and emotional relationship. It demands mutual trust, regard, respect, love and affection with sufficient play for reasonable adjustments with the spouse. The relationship has to conform to the social norms as well.- Avinash Gadhre - Posted: 2015/09/16

Collective Violence: Study of Understating: The society wants peace for living calmly we have decided several types of norms and with the help of law governments are taking care of our peace and security. The person who overrules these norms named as a criminal and the act as crime..- Avinash Gadhre - Posted: 2015/09/16

Medical Negligence: A Specific Tort: This article deals with the Medical Negligence and its legal implications and its overlapping with Consumer Laws.- Lydia Kerketta - Posted: 2015/09/15

Theory of Justice by John Rawls: its criticism by Martha C. Nussbaum and Amartya Sen : This article deals with theory of justice as propounded by John Rawls and its applicability in India. It also deals with its criticism by Martha C. Nussbaum and Amartya Sen.- Lydia Kerketta - Posted: 2015/09/15

Sex Determination and Pre-Natal Diagnostic Technique Act of 1994: This article concentrates on the legal interventions called the Pre- Natal Diagnostic Techniques Act of 1994 and details the complexities of this Act discussing the prohibition of sex determination of the foetus in the mother’s womb especially in the highly patriarchal society.- Soumik Saha - Posted: 2015/09/15

Banking Frauds in India : With the growth of technology, banking fraud through online mediums have gained popularity amongst the cyber fraudster.- Soumik Saha - Posted: 2015/09/15

Custodial Violence in India: Custodial violence primarily refers to violence in police custody and judicial custody. Besides death, rape and torture are two other forms of custodial violence. Custodial violence is not a recent phenomenon. Sections 330, 331 and 348 of IPC; Sections 25 and 26 of the Indian Evidence Act; Section 76 of CrPC and Section 29 of the Police Act, 1861 were enacted to curb the tendency of policemen to resort to torture to extract confessions etc.- Manmeet Singh - Posted: 2015/09/4

Lets Be Defiant: Defiance on the other hand strikes a fatal blow at reason. It commands the soul to achieve its true calling and prepares the soul through its constant pump of adrenaline to achieve what it is here to achieve and face adversity head on with the heart of a superhuman though the body might be of a mortal human. Strength lies always in one’s heart and not the body.- Domingo Gomes- Posted: 2015/09/4

Effectiveness of Parliamentary Control over Delegated Legislation: Administrative law is the bye-product of the increasing socio-economic functions of the State and the increased powers of the government.- Kumar Bharat - Posted: 2015/09/4

Preventive Detention and Constitution of India - Effect on Human Rights : Confinement imposed generally on a defendant in criminal case who has threatened to violate the law while awaiting trial or disposition or of a mentally ill person who may harm himself or others.- Rudrasin - Posted: 2015/09/2

Steps to be followed for the Incorporation of Company in India : The Companies Act, 2013 lay down the rule for the incorporation of both Public and Private Companies under Chapter-II of the act along with the [Rules] of the Companies (Incorporation) Rules, 2014.- Sandeep - Posted: 2015/09/2

Compensatory Jurisprudence: Compensation to victims is a recognised principle of law being enforced through the ordinary civil courts. Under the law of torts the victims can claim compensation for the injury to the person or property suffered by them. It is taking decades for the victims to get a decree for damages or compensation through civil courts, which is resulting in so much hardship to them.- Manmeet Singh - Posted: 2015/09/2

Law Relating to Workplace Sexual Harassment: Sexual Harassment of Women at workplaces acts as an impediment to women empowerment and is a gross violation of their rights.- Mayank Samuel - Posted: 2015/09/2

Is Capital Punishment Ethical : Capital punishment, death penalty or execution is punishment by death. The sentence that someone be punished in this manner is a death sentence. Crimes that can result in a death penalty are known as capital crimes or capital offences.-Manmeet Singh - Posted: 2015/08/27

Constitutional philosophy of Writs: A detailed analysis : The Constitution of India, under Articles 32 and 226 confers writ jurisdiction on Supreme Court and High Courts, respectively for enforcement/protection of fundamental rights of an Individual.- Ramanjeet - Posted: 2015/08/27

Freedom of Religion: The 42nd Amendment Act, 1976, has inserted the world Secular in the Preamble. This amendment is intended merely to spell out clearly the concept of secularism in the Constitution. There is no mysticism in the secular character of the State. In India, a Secular State was never considered as an irreligious or atheistic State. It only means that in matters of religion it is neutral. It is the ancient doctrine in India that the State protects all religions but interferes with none.- Manmeet Singh - Posted: 2015/08/10

Justice hurried is justice buried: Such a sensitivity of Judicial Officers can be understood particularly when there is huge pressure of High Court.- Ramanjeet - Posted: 2015/08/10

Dental Insurance: In India, the dentistry when related to public health is referred to as community dentistry. However the backdrop is such that apart from few, most of the schools are unaware of what community dentistry deals with and they commonly denote this as the means to increase the number of patients in the hospital bed. For the spreading of such misconception, who is to be blamed is still uncertain and hence the researcher through this paper is making an attempt to correct the mistaken identity of dentistry that seems somewhere lost between the spheres of public, health & dentistry. - Kumar Bharat - Posted: 2015/08/10

Effectiveness of Parliamentary Control over Delegated Legislation : Administrative law is the bye-product of the increasing socio-economic functions of the State and the increased powers of the government. Administrative law as a separate branch of legal discipline, especially in India, came to be recognized by the middle of the 20th century.- Kumar Bharat - Posted: 2015/08/9

Women Empowerment in India: Discussing Liberal Feminism and Legal Interventions: The women empowerment policies are of topmost priority in terms of development. Women issues have been subjugated across the whole universe, in varying degrees, to cater to the patriarchal structure of the society that has traditionally come down upon us.- Soumik Saha - Posted: 2015/08/5

Lifting of Corporate Veil: Indian Scenario : A company is a juristic person, but in reality it is a group of person who are the beneficial owners of the property of the corporate body. Being an artificial person, it (company) cannot act on its own, it can act only by natural persons. The doctrine of lifting the veil can be understood as the identification of the company with its members.- Ashu Bala - Posted: 2015/08/5

Controlling the drug menace in India: The article analyses the difference between the controlling pattern over the ever growing menace of abuse of narcotic drug and psychotropic substances in India and the US.- Sree Krishna Bharadwaj.H (Advocate and Social Activist) - Posted: 2015/08/5

Blowing A Whistle - A Paper Tiger : Death of a whistle blower,fight against corruption, protection of a whistle blower and whistle blower bill.- B. A. S. Jadon - Posted: 2015/08/5

Succumbing To Feminism: corroboration of the Statements of the prosecutrix, Feminist ideological penal framework and matrimonial relations with the accused/ husband..- B. A. S. Jadon - Posted: 2015/08/5

Litigation: An Inherited Proletarianism: Iterattion of the theory of Karl Marx by drawing an analogy of the said theory and inculcation of the same in the Judicial- cum-Legal Matrix in the contemporary times,Jural Correlatives, arena of litigation and delay in litigation .- B. A. S. Jadon - Posted: 2015/08/5

Memoirs of A Funeral Slave: This Article is a contemplation of what could have been thought by the victim under Euthanasia.- B. A. S. Jadon - Posted: 2015/08/5

Administrative Law Separation of Powers: The Separation of Powers is a doctrine that has exercised the minds of many peoples. Ancient philosophers, political theories and political scientists, framers of constitutions, judges and academic writers.- Avinash Gadhre - Posted: 2015/08/5

Investigation and Law :Law, Science and Technology has a great relevance in our lives. Law and Science encounter each other in many ways. When technology intrudes in the ambit of legal rights it is checked by law, for example, cyber crimes, in the same manner to protect legal rights and strengthening the evidence with the help of science, cannot be denied.- Manu Saxena - Posted: 2015/07/19

Rehabilitation of Internally Displaced Persons :Internal Displacement Internally displaced persons are persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border.- Ashu Bala - Posted: 2015/07/19

Judicial Activism and Women Empowerment In India : Gender injustice is a problem that is seen all over the world. Whatever the causes may be, it is our duty of humans to protect the human rights of those who are victims. Women have been ill-treated in every society for ages.- Mohanraj T P - Posted: 2015/07/19

Relevancy and Admissibility under Indian Evidence Act : The expressions relevancy and admissibility are often taken to be synonymous. But they are not the same. Their legal implications are different. All admissible evidence is relevant but all relevant evidence is not admissible. Relevancy is the genus of which admissibility is the species.- Debaditya Roy - Posted: 2015/07/18

Audi Alterem Partem Right to fair hearing : Rules of natural justice have developed with the growth of civilization and the content thereof is often considered as a proper measure of the level of civilization and Rule of Law prevailing in the community.- Lydia Kerketta - Posted: 2015/07/18

Creation of New States: Article 3 of Indian Constitution addresses the topic of Formation of new States and alteration of areas, boundaries or names of existing States - Manmeet Singh - Posted: 2015/07/18

Malicious Prosecution: Origin, definition and essentials of malicious prosecution with case laws - Sugandha.ch - Posted: 2015/07/06

Offer in a Contract: Kinds of offers and rules of communication of offers - Sugandha.ch - Posted: 2015/07/06

Efficacy of Present Legal Framework In Combating Transgression By Transnational Corporation: In the existing scenario, the need for rapid industrial progress has led to the establishment of a number of transnational Corporations.- Sunklan Porwal - Posted: 2015/07/06

Environment and Sustainable Development: Sustainability in development has been a challenge to the human community. Protection of environment and its limited natural resources has been the confronting situation in the era of competitive industrial development.- rohit sharma - Posted: 2015/07/01

Company Law Articles: In this case, all the four Directors of M/S. ……. have also been arrayed as Respondents/Defendants in their individual capacity in the Claim Petition dated …….. submitted before the Learned Arbitrator and the Award dated …….. has been passed against all the Defendants. Therefore, all the Defendants are jointly and severally liable to satisfy the Award, which is applied for being enforced as a decree as per section 36 of the Act..- Narendra Sharma - Posted: 2015/07/01

Changes in Child Labour and Related Laws : Child labour is the practice of having children engage in economic activity, on part or full-time basis. The practice deprives children of their childhood, and is harmful to their physical and mental development. Poverty, lack of good schools and growth of informal economy are considered as the important causes of child labour in India.- Karan Guleria - Posted: 2015/07/01

Freedom of Press - Article 19(1)(a): To preserve the democratic way of life it is essential that people should have the freedom of express their feelings and to make their views known to the people at large. The press, a powerful medium of mass communication, should be free to play its role in building a strong viable society. Denial of freedom of the press to citizens would necessarily undermine the power to influence public opinion and be counter to democracy.- Manmeet Singh - Posted: 2015/07/01

Indian Judicial Approach Regarding Right to Die: The right to die is sometimes associated with the idea that one's body and one's life are one's own, to dispose of as one sees fit. However, there is sometimes deemed to be a legitimate state interest in preventing irrational suicides.The first case in which the issue of right to die was brought before an Indian Court is “State v Sanjay Kumar” wherein, Delhi High Court criticized section 309 of the Indian Penal Code, 1860 as ‘an anachronism and a paradox”.- Dr ShaikhSahanwaz Islam - Posted: 2015/07/01

Sexual Harassment of Women at Workplace Prevention, Prohibition and Redressal Act, 2013: Sexual harassment is bullying or coercion of a sexual nature or the unwelcome or inappropriate promise of rewards in exchange f sexual favours. Presently in modern contexts sexual harassment is illegal and it is unlawful to harass a person of that person’s sex. Thus, harassment can include, sexual harassment or unwelcome sexual advances, requests for sexual favours and other verbal and physical harassment of a sexual nature.- Karan Guleria - Posted: 2015/07/01

Law and Religion: Religion is the very basis of human life which is not just following a belief but it is also a the way of living because the followers of a particular religion follows a definite kind of livelihood and with this moral duty of following certain rules.- Avinash Gadhre - Posted: 2015/07/01

Cross Border Mergers and Takeovers: our corporate leaders are grabbing the foreign corporations or going for partnership deeds if not capable of buying them and this is nothing but the magical change in our corporate world because of which we now dare to go for acquisitions of foreign companies or they are themselves eager to combine with us.- Avinash Gadhre - Posted: 2015/07/01

Public Interest Litigation - A Critical Evaluation: Public interest litigation has historically been an innovative judicial procedure for enhancing the social and economic rights of disadvantaged and marginalized groups in India. In recent years, however, a number of criticisms of public interest litigation have emerged, including concerns related to separation of powers, judicial capacity, and inequality. These criticisms have tended to abstraction, and the sheer number of cases has complicated empirical assessments.- Manmeet Singh - Posted: 2015/06/23

Law and Morality: Law and morality are too vague to understand. It must be added here that the notions of law and justice can't be captured and presented before us within a few sentences. These notions are too vast that even words are not sufficient to define them.- Rajyashri Bandyopadhyay - Posted: 2015/06/15

Analysis of Section 144 of CrPC: section 144, albeit discretionary, is an essential element in the set of measures that are undertaken by the executive body of any district in order to prevent as well as manage situations of urgency - Rajyashri Bandyopadhyay - Posted: 2015/06/15

Media and Victims of Sexual Assault: The current trend of media on reporting cases commonly known as Trial by media has witnessed the sensation of self- manifested stories, half- baked truth resulting in the violation of right of individuals, resulting media reporting transforming into media circus - Rajyashri Bandyopadhyay - Posted: 2015/06/15

Religion Perfect Law: Myth or Reality: Law and Religion it has always been a close relationship, although they are two totally different concepts. The connecting element is represented by the human being. Religion teaches us to be good, to respect our peers and so does the Law as a legal entity. By laws we have to contribute to the social order. In any constitutional state, laws are made to be respected, and he who violates them must take responsibility for their own acts. - Manmeet Singh - Posted: 2015/06/15

Feminist Criminology And Integrated Theory: Feminist criminology contains many branches. Liberal, radical, Marxist, and socialist feminism are widely recognized, although other "strands" exist such as postmodernism and ecofeminism. Most feminist criminology involves critiques about how women offenders have been ignored, distorted, or stereotyped within traditional criminology. - Rajyashri Bandyopadhyay - Posted: 2015/06/9

Domestic Violence Against Women-Criminology Perspective: Crimes committed within a private space, such as domestic violence within the family home are considered and regarded to be less problematic than crimes committed within the public sphere. - Rajyashri Bandyopadhyay - Posted: 2015/06/9

Plea Bargaining in Indian Legal System: Plea Bargaining has certainly changed the face of the Indian Criminal Justice System. -Manmeet Singh - Posted: 2015/06/03

Judicial Response to the concept of Secularism in India: Supreme court of Indiahas dealt with religious conflicts. The first part of this paper analyses the premises on which secularism has been based. The second part explores the legal and religious landscape and the third part deals with litigation surrounding religious issue. - Adilwani - Posted: 2015/05/29

Three types of emergencies under the Indian Constitution: There are three types of emergencies under the Indian Constitution namely- National Emergency, · Failure of constitutional machinery in states and Financial Emergency - Malika Chhikara - Posted: 2015/05/21

Right To Be Born And Indian Legislative And Judicial Framework: Prevent sex selective abortion and sex selection, therefore, it is need to more through the provisions of International law and the legal framework in the domestic sphere in India, which desires the state to regulate the misuse of technology and formulas which targets girl foetus in the mother’s womb. Although the Constitution of India in the fundamental right chapter prohibits discrimination of the basis of sex gender based discrimination is a widely prevalent phenomenon in our society. - Dr. Shaikh Sahanwaz Islam - Posted: 2015/05/21

Uniform Civil Code Towards Gender Justice: The implementation of a uniform civil code and the issue of gender justice, these two are closely connected to each other in Indian socio legal perspective. Notwithstanding its need and importance, the state’s politico-legal standpoint about its implementation attracts in-depth legal inquiry - Rupam Lal Howlader - Posted: 2015/05/21

Expanding Horizons of Right to Information: Every citizen has a right to impart and receive information as part of his right to information. The State is not only under an obligation to respect this right of the citizen, but equally under an obligation to ensure conditions under which this right can be meaningfully and effectively enjoyed by one and all. Right to information is basic to and indivisible from a democratic polity. This right includes right to acquire information and to disseminate it - Rupam Lal Howlader - Posted: 2015/05/21

Autochthonous nature of the Constitution of India : Autochthony is a word that rarely surfaces in everyday English, but it is a synonym for native or indigenous. It is most often used in anthropology, biology and related sciences, but is also used in law- Rupam Lal Howlader - Posted: 2015/05/15

Critical Appraisal To The Existing Framework of Freedom of Speech and Expression In India: The increasingly complex and elusive media landscape has thrown fresh challenges to an unsettled ecosystem of media policy in India. Advanced communications technologies have fundamentally altered the ways in which information and meanings are delivered, organized and received. These new advancements call into question the efficacy of existing policy approaches to media, including the still-dominant conventional media. - Rupam Lal Howlader - Posted: 2015/05/15

Electronic Signature: Legal and Technical aspect : The traditional signatures are hand written and are uniquely representative of one’s identity. The use of signature is mandatory in law in certain cases and holds an important legal position in the document as it signify two things, the identity of the person and its intent to it. The Signature is one’s identity on a document and is used in day to day transaction and in case of illiterate persons its fingerprint is considered as his signature. The handwritten signature is prone to forgery and tampering hence insufficient for online transaction and contracts. The online transaction requires unique and strong protection which is served by electronic signature - Yogesh Kolekar - Posted: 2015/05/9

International Instruments on prohibition of caste based discremination: Before 1945, the prohibition of discrimination was only dealt with in the so-called minority treaties, which were severely limited in their scope. With the adoption of the UN charter, a non-discrimination clause applying to everyone became a recognized part of international law - Rupam - Posted: 2015/05/9

A shop or a factory removing the ambiguity : An analytic view of why corporate offices and Infotech co.s come under purview of shops Acts across states in India. - Aniruddh Shastree - Posted: 2015/05/9

Capital Punishment v/s Human Rights: Does the society need capital punishment to punish its convicts or are we taking away the lives of convicts who have every right to live on this earth - Goutham M R - Posted: 2015/05/9

The Reserve Bank of India and its role: The Reserve Bank of India was established in the year 1935 in accordance with the Reserve Bank of India Act, 1934. The Reserve Bank of India is the central Bank of India entrusted with the multidimensional role. It performs important monetary functions from issue of currency note to maintenance of monetary stability in the country - Yogesh Kolekar - Posted: 2015/05/6

Right to Information Act - Boon or Bane: The Right to Information Act, 2005 (RTI) is a Central Legislation “to provide for setting out the particular regime of right to information for citizens”. The government of India enacted Right to Information Act in the year 2005 and which came into force on October 12, 2005 - Prajna Bhat - Posted: 2015/05/5

Ordinances in India: The term ordinance is defined by the Oxford dictionary as an authoritative order. Ordinance is a decree or law promulgated by a state or national government without the consent of the legislature - Nikita Rangarajan - Posted: 2015/05/5

Women Protection and Changing Laws: Women rights are protected under several number of legislations in India. The importance of the protection has been extended by new and changed laws on protection of women's rights.. - Arpan Sinha - Posted: 2015/05/5

Role of a Mediator in the Process of Mediation : The Mediator is a neutral third party who assists the disputing parties in their quest for a settlement. Even though the parties are the ones who get to decide the outcome of the mediation, it is the mediator who first initiates the meeting, discuss of the problem and then assists the parties to find possible solutions. - Nishanth.Maka - Posted: 2015/05/5

Surrogacy Its Legal Implications :A surrogacy agreement is an arrangement to carry a pregnancy for intended parents. Surrogacy can be classified into two main types: gestational and traditional. In case of gestational surrogacy, pregnancy occurs due to the transfer of an embryo created by in vitro fertilization such that the resulting child is genetically unrelated to the surrogate. - Nikita Rangarajan - Posted: 2015/05/2

Discrimination and Dilemma of Transgender People: Transgender people bear the brunt of social and economic marginalization due to discrimination based on their gender identity or expression. Advocates confront this reality working with transgender people who have lost shelter, jobs, experienced mistreatment and violence, or been unable to access the health - Advocate Sunita - Posted: 2015/04/27

Addiction problems and the trans-gender people: Transgender is also a part of the society and they have equal right to everything in the world that is available to all other persons. The presence of such transgender is not new, but their presence is there from the time immemorial - Advocate Sunita - Posted: 2015/04/27

Basic Prerequisites for Rent and Lease Agreements in India: The article covers all the crucial points that a layman should know before having a lease agreement or a rent contract. While having an agreement both the parties should be vigilant enough with respect to their rights and rules involved. - sumitpandey - Posted: 2015/04/22

Understanding of the term Decree, Order, Judgment and Mesne Profit: Essential terms for properly understanding Civil Procedure Code 1908 explained. - schoudhary - Posted: 2015/04/20

Res Sub Judice, Res Judicata and Constructive Res Judicata: No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in India having jurisdiction to grant the relief claimed, or in any Court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court. - schoudhary - Posted: 2015/04/20

Right to food of Children in India: Article 14. Equality before law–The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. . - Jyosna Dighe - Posted: 2015/04/15

Jurisdiction of Civil Court and Place of Suing: Jurisdiction generally means the power or authority of the court of law to hear and determine a cause or a matter. In other words, jurisdiction is meant the authority which a court has to decide matter that are litigated before it or to take cognizance of matters presented in a formal way for its decision. - S Choudhary - Posted: 2015/04/7

Fundamental Duties under the Constitution as Legally Enforceable Duties under Different Statutes: A detailed study of the Fundamental Duties in our Constitution and how these duties got its place in the Constitution. Whether these are are legally enforceable. - Mohit Daulatani - Posted: 2015/03/24

Factory in The Factories act,1948: The definition of ‘Factory’ is given in section 2(m) of the Factories Act,1948. Section 2(m) defines the term ‘Factory’ as: - ‘Factory’ means: any premises or precincts thereo - Aniruddh Shastree - Posted: 2015/03/20

Position of a promoter in establishing a Company: When an individual has an idea for a new business venture, he or she may set about interesting others in the venture and persuade them to contribute capital to a company to be incorporate for the purpose of carrying on the venture. - Mohit Daulatani - Posted: 2015/03/20

The Use of Force against Terrorism: Does International Law fall Victim : Post 9/11 ‘use of force’ in international law and much of the understandings towards it has undergone great evolution. - Nitish Nayan - Posted: 2015/03/20

The need for women directors in Indian companies: Our constitution enshrines with the basic rule that there should not be inequality which is persistent in the society - Amudha Murthy - Posted: 2015/03/13

The Constitutional Validity of The Minimum Wages Act,1948:India introduced the Minimum Wages Act in 1948, giving both the Central government and State government jurisdiction in fixing wages.- Aniruddh Shastree - Posted: 2015/03/05

Emergency Provisions: Effects and Impact: Federalism according to Dicey is a weak form of government because it involves division of power between the Centre and the units. Every modern federation.- Pallavi Verma - Posted: 2015/03/05

Displacement is a Dark Aspect of Planned Development - A Human Right Approach: Since independence in 1947, India has been undertaking development projects to improve the quality of life of its people through planned development under the successive Five-Year Plans - Mohit Daulatani- Posted: 2015/03/05

Difference between lease and licence :Section 105 of Transfer of Property Act, a lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms.- Pallavi Verma - Posted: 2015/03/05

Libel - An estimation of Damages: Defamation is publication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, group, business, product, government or nation a negative image and tends to lower the image in the estimation of the right-thinking members of society generally or tend to make them shun or avoid them.- Pallavi Verma - Posted: 2015/02/26

Why Tax Practitioners Bill Required For India: Need Of Tax Practitioners Bill In India, As per Section 288(2) of Income-Tax Act, 1961 eight class of persons are authorized to represent the assesses.- Auditor and Tax Advocate, B.S.K.Rao - Posted: 2015/02/26

Damages Under Indemnity: A Comparative Analysis of The English & Indian Law Position: “Indemnity”, in the widest sense, is ‘to recompense any loss or liability which a person has incurred, such as one arising from any duty or promise. ’Put in simple words, an indemnity is a promise made by one party, called the ‘indemnifier’- Aishwarya Diwan - Posted: 2015/02/26

Evolution of Minimum wages act 1948: The evolution of Indian labour legislation is obviously interlaced with the history of British colonialism. British political economy was considered natural paramount in modeling some of the early laws.- Aniruddh Shastree - Posted: 2015/02/23

Corporate Social Responsibility And Sustainable Development: The concept of Corporate Social responsibility (CSR) is an old concept, which existed for a long period .In India, CSR got its legal backing by virtue of Section 135 of companies Act 2013. Section 135 of the companies Act is from financial year 2014..- Gayathri Sankaran - Posted: 2015/02/23

Law and Learning Foreign Languages: Learning languages helps in communication and personality development of people of all ages and from all walks of life. Knowledge of foreign languages in areas such as translating, interpreting and language teaching can increase one’s career prospects.- Nikita Rangarajan - Posted: 2015/02/19

Non Resident Indian under Income Tax Act, 1961: Section 6 of the Income Tax Act contains the detailed criteria as in who can be called resident of India. The present article describes the non resident Indian as defined under the act.- Megha Maji - Posted: 2015/02/13

Fair Trial under Section 304 of Crpc: Right to free legal aid is one of the fundamental right that has been provided to every citizen of our country and has been enshrined in Art 22(1) of the Constitution of India. Criminal procedure code of 1973 has also incorporated this ideology in section 304 of the act.- Megha Maji - Posted: 2015/02/13

One Person Company under Companies Act 2013: Section 2(62) defines one person company as a private company with only one director and one shareholder. However, it can have more than one director, and up to a maximum of 15.- Megha Maji - Posted: 2015/02/13

India: Patent Highlights of 2014 : The year 2014 turned many of our established patent principles on their head and unlike previous years some astounding judgments came from High Courts around the country not just from Delhi. - R. K. Dewan - Posted: 2015/02/13

Rationale of LGBT (Lesbian, Gay, Bisexual and Transgender): Most discussed rights of LGBT community i.e (Lesbian, Gay, Bisexual and Transgender) Which is based on Sec. 377 of IPC 1861. It is based on rights of LGBT Community and provisions in the COI and Case laws from legal history. - K. Manjunath - Posted: 2015/02/13

Abuse of Domestic Violence Act : Domestic violence act is used to protect the women who are abused for the sake of fulfilling certain wants. But this act as of late has been used and abused for the wrong reasons - Nishanth.Maka - Posted: 2015/02/13

Proposed Amendments Affecting Transmission Service Provider : The proposed amendments in the existing clauses of Electricity Act 2003 by the current government. The comparison is only limited to the transmission part in the present Electricity Act. In the Electricity Act 2003, following proposed amendment will affect the transmission service - adv.chetansharma - Posted: 2015/02/13

Merger and Acquisition in the Information Technology Industry: Mergers and acquisitions are strategic decisions taken for maximisation of a company's growth by enhancing its production and marketing operations. They are being used in a wide array of fields such as information technology, telecommunications, and business process outsourcing as well as in traditional businesses in order to gain strength, expand the customer base, cut competition or enter into a new market or product segment. - Megha Maji - Posted: 2015/02/12

Exceptions of agreement in restraints of trade with reference to Indian and English case laws: The Indian Contract Act, 1872, which provides a framework of rules and regulations, governing the formation and performance of a contract in India deals with the legality of such non-compete covenants. It stipulates that an agreement, which restrains anyone from carrying on a lawful profession, trade or business, is void to that extent. Under section 27 of the Indian Contract Act, 1872 agreements in restraint of trade are void. - Rohit Singh - Posted: 2015/01/23

Women’s Rights under Various Acts in India: The Hindu Women’s Right to Property Act, 1937 was one of the most important enactments that brought about changes to give better rights to women. The said Act was the outcome of discontent expressed by a sizeable section of society against the unsatisfactory affairs of the women’s rights to property. - Ankitaraj - Posted: 2015/01/23

IPR Knowledge at the Door Itself: In India lots of patent applications are filed by the developed companies, Pharmaceutical industries and other industries. But very few filed by the small companies - Thakur Anshu - Posted: 2015/01/23

Impact of Ordinance on Electricity Act 2003: The present government has moved an ordinance before the President of India to amend The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013. - Adv Chetan Sharma - Posted: 2015/01/22

Advance Pricing Agreement: Advance pricing agreement (APA) have been introduced by the by finance act, 2012 by inserting section 92CC and 92CD. It came to effect from 1st July 2012. Rules 10G to 10T and 44GA - Gayathri S. - Posted: 2015/01/18

Cybersquatting and Domain Names: Internet Protocol (IP) addresses, which consist of a string of numbers separated by periods, are used to identify Internet sites. A domain name provides a corresponding alphanumeric address which is easier to remember and often intuitive. For example, www.ibm.com is IBM’s website. - Mahima Pradeep - Posted: 2015/01/7

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