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Articles Published in 2016
Corporate Governance Issues Regarding Remuneration of Executive Directors in India: Excessive executive remuneration, not linked with performance, is a growing problem in companies in India. Data show that even when the companies are not performing well and the share value is declining constantly, the remuneration of executives is still touching skies.-Urvashi- Posted: 2016/12/24The Real Estate Act is a game changer, 6 things you SHOULD know about it: With demonetization, the property prices are expected to fall up to 30% and the builders are facing the heat. Therefore, this Act will become a crucial tool to protect buyers.-LexComply- Posted: 2016/12/24
Analytical Legal Positivism: Analytical jurisprudence is the general name for the approach to Jurisprudence which concern itself mainly with classification of legal principles and rules and with analysis of the concepts, relationships woeds and ideas used in legal system such as Person, Obligation, Right, Duty, Act, etc.-Manmeet Singh- Posted: 2016/12/15
Money Laundering: An Insight: Crime is a necessary evil, it should be nipped in the bud. Any act which is condemned and punishable by the law of the state is a crime. It is difficult to universally define what a crime is, because the notion of the word varies from place to place, acts which may attract imprisonment and penalty in one country may not have the same consequence in other part of the globe.-Soumik Saha- Posted: 2016/12/7
Smart Cities - Challenges On Way Ahead: Smart cities and challenges to the scheme. Guidelines outline the smart cities features, its selection process, implementation mechanism, financing, fund release, mission monitoring etc. The Smart Cities Missions targets to cover 100 cities in duration of five years beginning from financial year 2015-16.-Surabhi Bhola- Posted: 2016/12/7
Incorporation of A Public limited Company: Section 2 (71) states that a public company means a company which is not a private company and has a minimum paid-up share capital , as may be prescribed.-LexComply- Posted: 2016/12/7
Various Committees and provisions under Companies Act, 2013: CSR Committee (Section 135 of Companies Act 2013) Every company having the following criteria shall contribute in every financial year, at least two per cent. Of the average net profits of the company made during the three immediately preceding financial years.-lexcomply- Posted: 2016/12/7
International Court of Justice: Unlocking the Key Facets: Examines various aspects of the World Court (ICJ) from its establishment, Jurisdiction and controversy. The author essential tries to portray ICJ as a court of Jurisdiction, and not as court of Justice.-Atul Alexander- Posted: 2016/12/7
Competition Law and Role of merger: Aviation sector is one amongst the least researched sectors in India because it has restricted range of players. However, because the sector is growing quickly, it becomes essential to possess knowledge about the sector and the activities that are happening within the sector.-Manish Ranjan- Posted: 2016/12/7
Re Evaluation of Forest Rights in India: With the uprising ecological problems, a critical relation between society and environment is emerging which examines the relation of religion with environment.We are facing a global crisis today, not because of how ecosystems function but rather because of how our ethical systems function..-Priyanka Chakraborty- Posted: 2016/12/03
Scenes affaire in India: One of the things that has been occurring in copyright law is a slow shift from being a common law subject to a statutory one. There has always been a federal Copyright Act, of course, but until recently, courts took it as an invitation to fill in the gaps rather than an unyielding constraint on their actions.-Priyanka Chakraborty- Posted: 2016/12/03
Deconstruction theory: Its importance in law: How is deconstruction theory relevant in law, Commonly known as inversion of hierarchy theory, this theory was put forward by Jacques Derrida which gave rise to a seismic shift in critical thought.-Priyanka Chakraborty- Posted: 2016/12/03
An Analysis on The Case of Kuldip Nayar V. Union of India AIR 2006 SC 3127: The execution of federalism cannot be the same in every circumstance, variation happens according to the homogeneity or heterogeneity of it constituents. In the Indian context, it is a fact that the cultural diversity is immense and the circumstances differ from point to point geographically, culturally and historically.-Priyanka Chakraborty- Posted: 2016/11/22
DNA Test: Adultery as a Ground for Divorce: In 1980s court was of the strict opinion that DNA testing hampers the privacy between the parties to the marriage, and was not relied upon. The conclusive proof of legitimacy of a child born during the continuance of a valid marriage was significantly analysed under section 112 of the Evidence Act and was based on the maxim pater est quem numtioe demonstrant,.-Priyanka Chakraborty- Posted: 2016/11/22
Semiconductor Integrated Circuit-Prevent Chip Pirates: The introduction of the SICLD Act 2000 has been beneficial to the FAB Industry. In the Microelectronics Industry, a semiconductor fabrication plant is famously known as FAB is a factory where devices such as integrated circuits are manufactured. The intellectual property rights have strengthened the developers as well as the consumers against the fabrication by any such Unlawful Foundry.-Jessica- Posted: 2016/11/19
Right of Hindu Wife To Maintenance Under Hindu Adoption And Maintenance Act : Half of the Indian populations too are women. Women have always been discriminated against and have suffered and are suffering discrimination in silence. S elf-sacrifice and self denial are their nobility and fortitude and yet they have been subjected to all inequalities, indignities, and discrimination.-sindhuja- Posted: 2016/11/2
Institution of Suit and its Essentials: The basic aim of a legal system of a country is to impose duty to respect the legal rights conferred upon the members of the society. The person making a breach of that duty is said to have done the wrongful act.-Susmita Haldar- Posted: 2016/11/2
Meaning of the per-se rule of Section 3(3) of the Competition Act, 2002: Any agreement in respect of production, supply, distribution, storage, acquisition or control of goods or provision of services, which causes or is likely to cause an appreciable adverse effect on competition within India, is an anti-competitive agreement. Such agreements are void agreements. The term agreement includes any arrangement or understanding or action in concert whether or not formal or in writing or is intended to be enforceable by legal proceedings.-Manish Ranjan- Posted: 2016/10/27
Algorithmic Trading: Automated Trading shall mean and include any software or facility by the use of which, upon the fulfillment of certain specified parameters, without the necessity of manual entry of orders, buy/sell orders are automatically generated and pushed into the trading system of the Exchange for the purpose of matching.-Umang Thakar- Posted: 2016/10/13
Recognition of trade union: Trade Unionism has made its headway owing to growth of industrialization and capitalism. Trade Unionism asserts collectively the rights of the workers. In industrially advanced countries trade unionism has made a great impact on the social, political and economic life. India, being an agricultural country, trade unionism is restricted to industrial areas and it is still in a stage of growth.-karpagam- Posted: 2016/10/13
Semi conductor integrated circuit lay out design protection : In the past the components used for reforming electronic function were large and occupied considerable amount of space for instance the size of the first computer was as big as a room. In the era of technological development this reduction of physical spacing is cause by the introduction of the semi conductor chips.-karpagam- Posted: 2016/10/13
Article 44 of Constitution: A Dead Letter to be Retrieved : The purpose of this article is to portray the problems which are faced by women due to different personal laws being applied for marriage, divorce, adoption, maintenance and succession.-oza.khushali- Posted: 2016/10/13
Government Contracts: Every contract must comply with all requirements of the Indian Contract Act, and a contract with Government is no exception.-shalinibussa- Posted: 2016/10/5
Judicial Governance in India: The judiciary's effort to infuse accountability in the functioning of government institutions and the growth and development of human rights jurisprudence have demonstrated the importance of judicial governance.-Abhishek Negi- Posted: 2016/9/29
International Commercial Arbitration : Arbitration as a mechanism of justice is as old as civilization. Arbitration literally means a mechanism in law which encourages parties to settle their differences privately either by mutual consensus or by mediation of a third person. It was prevalent under the Roman law and the Greek civilization in the sixth century.-meghas- Posted: 2016/9/24
Patent for technological companies: Significance of Patent for technological companies and impact on their financial documents, Significance of Patents.-chetan sharma- Posted: 2016/9/24
National Judicial Appointment Commission and Its Relevance to the Theory of Separation of Power : the recent judgement of NJAC and its relevance to separation of power theory. and the NJAC its violation of basic stracture theory.-ms. chitraloungani- Posted: 2016/9/15
A case against system markets-automobile industry of India : This article analyses the relevance of system markets in the Indian context, while focusing on the automobile spare parts aftermarket of India.-gayatrir.93- Posted: 2016/9/15
Economic Persecution Viz -A- Viz Pauperism of a Consumer in a Real Estate Market: Consumerism or sheer greed is the new talk of the domestic Diaspora living in the fear of what do we call as economic persecution. This phrase may be unheard off but the same has taken the test of the time as the ramifications are such that has percolated to the societal ethos of our middle-class real estate consumer and the intensity is such that it is soon going to drain out the patience and the economic worth of our so-called middle class.-bas Jadon- Posted: 2016/9/15
Legal Profession in India: The Legal Profession has always been an important limb for administration of justice. Without, profession of law, the courts would not be in a position to administer and provide justice efficiently as the evidence in support or against the parties to a suit cannot be legitimately marshalled.-Palak Pathak- Posted: 2016/9/15
Adultery: Adultery is defined as a voluntary sexual intercourse by a married person with a partner other than his/her spouse. The legal definition of adultery varies in different jurisdictions and statutes.-Palak- Posted: 2016/9/15
Sociological Jurisprudence : The Sociological approach to the study of law is the most important characteristic of our age. Jurists belonging to this school of thought are concerned more with the working of law rather than its abstract content.-Manmeet Singh- Posted: 2016/9/15
One Person Company: The revolutionary new concept of One Person Company (OPC) has been introduced by the Companies Act, 2013. This concept of OPC was first recommended by the expert committee of Dr. JJ Irani in 2005. OPC provides a whole new bracket of opportunities for those who look forward to start their own ventures with a structure of organized business.-Nikunj Keyal- Posted: 2016/9/10
Section 63 and 63-1A of the Maharashtra Tenancy and Agricultural Lands Act : Section 63 of the Maharashtra Tenancy and Agricultural Lands Act for short MTAL or the Act barred transfer of Agricultural lands to Non-Agriculturist without the permission of the Collector or Officer authorized by the State Government..-Prashanti Upadhyay- Posted: 2016/9/8
Corporate Criminal Liability: A Jurisprudential and Comparative Approach: Large multinational corporations have come to dominate the national and global economic scene. The scale of their operations is enormous. The largest have grown into enterprises of astonishing magnitude that in their economic dimensions.-Prashanti Upadhyay- Posted: 2016/9/8
Crime and Politics: Thank God.. we have finally got time to look at something else other than Mr. Modi, general elections and our imaginations of so called Achhe Din. But, this indeed required a great sacrifice of 2 sisters who unfortunately were born in a dalit family of U.P, and had to pay heavily for it.-Prashanti Upadhyay- Posted: 2016/9/8
Distribution arrangement, whether it creates a permanent establishment : A foreign company can arrange to sell its products in another jurisdiction say in this case India, where there is a ready market for its products. Various models are adopted to sell their products in foreign jurisdictions.-Prashanti Upadhyay- Posted: 2016/9/8
Euthanasia: Contemporary Debates: The Encyclopedia of Crime and Justice defines euthanasia as an act of death which will provide relief from a distressing or intolerable condition of living. This decision may involve direct intervention active euthanasia) or withholding of life-prolonging measures (passive euthanasia.-Prashanti Upadhyay- Posted: 2016/9/8
Gender Inequality in the Indian Police Force: In the last few years, India has witnessed a drastic and positive change in the role of women in the society. The industrial revolution along with liberalization and globalization has altered the status of women from a traditional homemaker to that of a professional.-Prashanti Upadhyay- Posted: 2016/9/8
Green Light on the New Veterinary Medicinal Products Legislation in the EU: Last June, the EU Parliament started discussions and issued amendments on the European Commissions Proposals for two new Regulations. Alongside, the FVE (Federation of Veterinarians of Europe) issued their comments on the amendments of the two proposals made by the EU Parliament, in September 2015.-Prashanti Upadhyay- Posted: 2016/9/8
Guidelines for Child Porn Sentences on a Federal Level: The increasing crimes of owning, creating and distributing child pornography are difficult for the federal government to keep up with. Despite the harsh penalties for conviction of these crimes, the number of offenders has been increasing for years.-Prashanti Upadhyay- Posted: 2016/9/8
How a Defendant Grand Jury Testimony Can Be Used at Trial: Anything that a defendant says has the potential to be used against him or her in a criminal trial. This includes the testimony that he or she provides during grand jury testimony. The criminal defense lawyer representing the defendant should remain cognizant of this possibility and take proactive steps to protect the defendants legal rights.-Prashanti Upadhyay- Posted: 2016/9/8
Implementation of The Fundamental Right of The Child To Education: The Case of The Andaman And Nicobar Islands: Children have always been a vulnerable group in society. Their needs are secondary in the agenda of the policy maker, and even when these needs are taken into consideration; it is usually done as a token gesture.-Prashanti Upadhyay- Posted: 2016/9/8
Interim Measures under Arbitration, Conciliation Act: Arbitration and Conciliation Act is effective and interrogative part of Alternative dispute resolution system accepted universally. Arbitration and Conciliation Act 1996 repealed old Arbitration Act existing in India and incorporated law relating to domestic arbitration, international commercial arbitration and law relating to conciliation.-Prashanti Upadhyay- Posted: 2016/9/8
Is Legal Process Outsourcing an Ethical Practice: Since time immemorial, the legal profession has been acknowledged as the Nobel profession. The reason why legal profession was braded so was because of the firm emphasis made on ethical aspects in the profession..-Prashanti Upadhyay- Posted: 2016/9/7
Native dress code moral policing, alien a virtue: What an irony that when people are advised to dress property as per Indian traditions, there is a hoarse cry of moral policing.-Prashanti Upadhyay- Posted: 2016/9/7
Organized Vs. Un Organized Child Laborers: We are guilty of many errors and many faults but our worst crime is abandoning the children, neglecting the fountain of life, many of the things we need can wait, The Child cannot. Right now is the time his bones are being formed, his blood is being made and his senses are being developed, to him we cannot answer tomorrow his name is today.-Prashanti Upadhyay- Posted: 2016/9/7
Reservation Policy in India - A Serious Threat To Nation: Reservation policy was made to uplift the weaker and poor section of community upwards and to give the equal status to these people at par to other rich and high society communities..-Prashanti Upadhyay- Posted: 2016/9/6
Right to Information as an Exception to Concepts of Locus Standi And PIL: The Right to Information promotes the regime of transparency and shuns the regime of secrecy. Right to Information Act, 2005 was enacted to uphold the democratic ideals of the country and to promote public interest. Any citizen can file a RTI.-Prashanti Upadhyay- Posted: 2016/9/6
Sociological, political, moral and legal implications of surrogacy: Surrogacy contracts alienate a woman from her love for the child and frequently involve exploitation. Surrogacy leads to the weakening of the link between parent and child.-Prashanti Upadhyay- Posted: 2016/9/4
Yakub's Death Punishment-Justice or Travesty of Justice: Once honoured as the best chartered accountant in the Memon community, Yaqub Abdul Razzak Memon, was perhaps the most high-profile convict in the March 1993 Mumbai serial blasts case. Yakub, the third of six sons of the Abdul Razzak Memon, was the most highly-educated in the Memon family. .-Anant Tyagi- Posted: 2016/9/2
Negligence by Government Authorities Leads to Loss of Lifes: We all came through a fatal accident that occurred in front of Delhis square mall in Vasant Kunj on Saturday (30th July 2016) after a 45-year-old biker tripped and got run over by a speeding truck owing to a pothole.-Tamanna pankaj- Posted: 2016/9/2
Independence of Judiciary: The people of a nation may lose confidence in the Executive (The King), or the Legislature but it will be an evil day if they lose their confidence in its judiciary. The judiciary is the guardian of human rights and civil liberties.-drpremnarh- Posted: 2016/9/1
SEZ Eligibility under SEIS Scheme: SEIS is one of the export promotional scheme under FTP2015-20.SEIS are export promotional scheme to encourage service providers towards export contribution, thereby helping the country towards inflow of foreign exchange. Served from India Scheme (SFIS) was replaced by SEIS.-Gayathrisankaran- Posted: 2016/9/1
SPES Successionis As An Exception To Transferability: Clause (a) of section 6 of the Transfer Of Property Act excludes mere chance of an heir apparent of succeeding to an estate from the category of transferable property. The technical expression for such a chance is Spes Successionis.-Prashanti Upadhyay- Posted: 2016/8/30
Surveillance in India and its Legalities: Surveillance means close observation of a person or group especially the one who are under suspicion or the act or observing or the condition of being observed. Being a developing country, India has brought several changes into its policies on Information Technology and still a lot more changes needs to be done.-Prashanti Upadhyay- Posted: 2016/8/30
Trademark infringement and passing off Indian pharmaceutical industry : The concept of Trademark is not new in the Indian scenario. In this 21st century of commercial, technical and scientific advancement, the importance of trademark to a business house or the manufacturer of goods to which such marks are applied cannot be undermined.-Prashanti Upadhyay- Posted: 2016/8/30
Transfer Petition in India : An Application for transfer of Suit under Section 25 of the Code of Civil Procedure.-Prashanti Upadhyay- Posted: 2016/8/30
The Bureau of Indian Standards Bill: After the traumatic period of British rule Indian economy almost reached to its pinnacle of economic break down. The country faced tremendous issues in setting up a proper economic infrastructure again.-Prashanti Upadhyay- Posted: 2016/8/30
Uniform Civil Code in Goa: India has a verity of family laws. The Christian have their Christian marriage act 1872 the Indian separation act 1869 and the Indian progression act 1925.-ms. chitraloungani- Posted: 2016/8/24
Strict and Absolute Liability : The rule of law is that the person who, for his own purpose, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril; and if he does not do so is prima facie answerable for all the damage which is the natural consequence of its escape.-shramanadwibedi- Posted: 2016/8/24
False Imprisonment of the Defences : The project in hand shall focus on the last tort mentioned-False Imprisonment. Before the term False Imprisonment is defined, it shall be best to see certain situations that shall constitute false imprisonment.-shramanadwibedi- Posted: 2016/8/24
Goods and Service Tax (GST) Working In India : On passing of 122nd Amendment Bill 2014 from the Parliament GST will get implemented to subsume the Excise duty, Additional Excise duty, Service Tax,Countervailing or additional Custom duty besides this the indirect taxes on State level.-Advocate Suvigya Saxena - Posted: 2016/8/19
Liability in cases of death/ injury under Montreal Convention, 1999: With special reference to Indian Perspective: This term paper will also briefly look up into Warsaw Convention, 1929 so as to understand the changes undergone in the international law with regard to liability in case of death over the years. It aims to scan through the compensation regime under the relevant Conventions and under Indian Laws.-Karan Guleria- Posted: 2016/8/11
A Synopsis of International Law : International Law is very large and wide law (its name also denote its widened) it is difficult to compile it in a single article or in a book. But I tried my best to make the summary of International Law.-Shrimali Mahima- Posted: 2016/8/11
Framing of a Law or Enforcement of a Law: The origin of law can be traced back ever since human being preferred a familial/ social setup over a wandering solitary life. The society sets itself on an evolutionary journey , clash of interest /needs/ social entanglements.-Farha Kadir- Posted: 2016/8/11
Juvenile Justice Act, 2015 : The juvenile Act, 2015 or we can say that the Juvenile Justice (care and protection of children) act, 2015 was passed by the parliament of India. This act was passed by lok sabha on 7th May 2015 and passed by rajya sabha on 22th December 2015 and finally came into force from 15th January 2016.-Tamanna pankaj- Posted: 2016/8/1
Role of Writs In Administrative Law: There are five types of Writs- Habeas Corpus, Certorari, Prohibition Mandamus and Quo Warranto Article 32 and 226 of the constitution of India has designed for the enforcement of fundamental rights and for a judicial review of administrative actions, in the form of writs. It is a constitutional remedy available to a person to bring his complaint or grievance against any administrative action to the notice of the court.-Shrimali Mahima- Posted: 2016/7/29
Restitution W.r.t. to Civil Procedure Code 1908: The expression restitution has not been defined in the code, but it is an act of restoring a thing to its proper owner. Restitution means restoring of anything unjustly taken from another. It provides for putting a party in possession of land, tenement or property, who had been unlawfully dispossessed, deprived or disseised of it.-shubham bhargava- Posted: 2016/7/5
The Bank And The Borrower A Relationship of Trust And Understanding: The advent of banking reforms in India has brought the concept of NPA (Non Performing Asset) which has changed drastically the perception and approach of the bank and the customer when dealing with loans financed by the bank.-T.R.Radhakrishnan- Posted: 2016/7/4
Protecting Tradition And Culture In India: Development of A Sui Generis System:The traditional cultural expressions also known as the expressions of the folklore has its root in the culture of the indigenous local communities. Traditional knowledge is employed to mean knowledge, innovations and practices of indigenous and local communities to such an extent that most of the time it becomes their social identity and the means of earning their living.-manishranjan- Posted: 2016/7/2
Futures and forward contracts: Derivative is a security deriving its price from underlying assets viz. Stocks, currencies, bonds etc. The value of the underlying asset depends upon the fluctuations of the price of such an asset in the market. As per Section 2(ac) of the Securities Contract (Regulation) Act, 1956.-grishma- Posted: 2016/7/2
Change in Reservation Policy: Reservation in India has been of great help for upliftment of the poor and backward classes but it has been misused too so its time we amend the reservation policies and make way for reservation based on other factors than caste or creed.-rahul sehrawat- Posted: 2016/7/2
Trademark Law In Music and Film Industry A Critical Analysis With Special Focus On India and Us: A trademark means a mark which uniquely identifies the commercial origin of a product and service. Nowadays, trademarks have become money makers in the music and film business. The two main sectors music and film are the emerging big markets globally which gives huge profits to the entertainment industry.-Amritha Gunasekaran- Posted: 2016/6/14
Caveat Petition: (Section 148A of the Civil Procedure Code, 1908) A Caveat is a Latin term which means, 'let a person beware' originated in the mid 16th century. In law, it may be understood as a notice, especially in probate, that certain actions may not be taken without informing the person who gave the notice.-Hindushree- Posted: 2016/6/13
De Jure Mobile Applications under the IP Law:: With the advent of M- Commerce industry, mobile developers can now avail protection for software under the following Intellectual Property Law.-Adv. Jessica Gill- Posted: 2016/6/13
Fast Track Exit: Registrar may strike off the name of a defunct company from the register subject to certain conditions under the FTE mode. Procedure for FTE is given under Section 560 of the Companies Act, 1956.-Deepti Bajpai- Posted: 2016/6/11
Voluntary winding-up of the Company by Members: A company may, voluntary wind up its affairs, if it is unable to carry on its business, or if it was formed only for a limited purpose, or if it is unable to meet its financial obligation.-Deepti Bajpai- Posted: 2016/6/10
Silent Features of GST Bill 2016: Detailed discussion on the much awaited and discussed Goods and Services Tax bill 2016 and its silents features detailed in Question and Answer.-Adv.Manjunath Kakkalameli- Posted: 2016/6/4
Rationale of LGBT - Lesbian, Gay, Bisexual and Transgender: Homosexuality is mostly a taboo subject in Indian civil society and for the government. Section 377 of the Indian Penal Code 1860 makes sex with persons of the same gender punishable by law. On 2 July 2009, in Naz Foundation v. Govt. of NCT of Delh.-Adv.Manjunath Kakkalameli- Posted: 2016/6/4
Sexual Harassment of Women At Workplace: Sexual Harassment is behavior. It is defined as an unwelcome behavior of sexual nature. Sexual harassment at workplace is a widespread problem in the world whether it be a developed nation or a developing nation.-Nikunj Keyal- Posted: 2016/6/4
Euthanasia: A 360 degree analysis: Euthanasia literally means good death and is derived from two ancient Greek words Eu meaning good and thantos meaning death. According to the House of Lords Select Committee on Medical Ethics, euthanasia is a deliberate intervention undertaken with the express intention of ending life to relieve intractable suffering.-Shreyaa Chaturvedi- Posted: 2016/6/4
Sports and IPR: Sport has become one of the major source of entertainment and simultaneously a big market of business too. Even though respective ways of playing the sports have not changed much in the last fifty years, but surely most of the things around the sports have changed.-manishranjan- Posted: 2016/6/4
Protecting Tradition and Culture in India: Development of A Sui Generis System: The previous activities of WIPO and other leading organizations like UNESCO in the field of Intellectual Property and Traditional Cultural Expressions popularly known as TCEs. -manishranjan- Posted: 2016/6/4
The Effectiveness of the Remedies for Copyright Infringement: Copyright is the right given by law to the originators of literary, dramatic, musical and a variety of other works of mind. It generally means the creator alone has the right to make copies of his or her works or otherwise, prevents all others from making such copies.-apekchha- Posted: 2016/6/4
Geospatial Information Regulation Bill, 2016 :The Government of India has drafted The Geospatial Information Regulation Bill, 2016 to regulate the acquisition, dissemination, publication and distribution of geospatial information of India which is likely to affect the security, sovereignty and integrity of India.-Deepti Bajpai- Posted: 2016/5/27
Family Arrangements In India: The Indian courts and judiciary is no stranger to family disputes. Majority of the cases relate to disputes with regards to family property and its division. Thus, in order to solve such disputes the Indian courts have taken a very liberal and broad view with regards to the validity of the family settlement and have always tried to uphold it and maintain it.-Shaurya Joshi and Deepti Bajpai- Posted: 2016/5/27
Greek Theory of Natural Law:The natural law theory reflects a perpetual quest for absolute justice. Thus it should not be misconceived that natural law has a mere theoretical significance. Its practical value is a historical fact as it generated a wave of liberalism and individual freedom and inspired people to revolt against totalitarian rule in France and Germany.-Manmeet Singh- Posted: 2016/5/25
Protection of Tenants Against Eviction: Protection a tenant asagainst illegal evictions - About 42% of the urban population of the world, which are roughly 150 million households, lives as tenant. The same holds true even in India where, due to exorbitant rates of property especially in the metro cities, a majority of people live as tenants.-Nikunj Keyal- Posted: 2016/5/25
National IPR Policy 2016: This much awaited policy finally received the cabinet approval on 13th May 20, 2016 and managed to garner a positive response from all the sectors. This all encompassing policy aims at establishing a holistic atmosphere, conducive for exploiting the full potential of intellectual property, for the economic, social and cultural development of the nation..- Ranjani Krishnan- Posted: 2016/5/23
Road Accidents Are Preventable: Parliament of India has bestowed on us The Motor Vehicles, Act 1988. It contains complete detailed guidelines on all the aspects of Road Transport. The Act came into force from 1 July 1989.-Himasnhi Kapoor- Posted: 2016/5/23
Sexual Attraction is not Love: The study of differentiation between sexual attraction and love can help us to curb todays most occurred crimes. It is need of the time to discuss this issue on the national table.-Advocate Dimple Jindal- Posted: 2016/5/17
The Importance of Article 370: Article 370 of the constitution of India relating to the state of Jammu and Kashmir is now sixty six years old. The constitution came into force on 26 January 1950 and with it, this unique provision were debated in the constituent assembly of India.-Rajan kumar- Posted: 2016/5/17
Journey of Women Empowerment: The present article It is not a myth that even today in Indian culture equality of gender is not rampant and the female gender is still considered secondary over the male gender. A lot of questions emerges out of this knowledge, but the researchers have focused on one of it i.e. Does attitude towards domestic violence change with the change of lifestyle of the concerned family?.-chitrita21- Posted: 2016/5/11
Legal Aid Catalyst for social change: Whatever standards a man chooses to set for himself, be they religious, moral, social or purely rational in origin, it is the law which prescribes and governs his rights and duties towards the other members of the community.-chitrita21- Posted: 2016/5/11
Trademark Infringement and Passing off in the Indian Pharmaceutical Industry: The concept of Trademark is not new in the Indian scenario. In this 21st century of commercial, technical and scientific advancement, the importance of trademark to a business house or the manufacturer of goods to which such marks are applied cannot be undermined.-Ranjani Krishnan- Posted: 2016/4/30
Infructuous Reservation : It is therefore necessary to get the historical perspective in place before pondering over the social policies like that of the policy of reservation.-bhanwaradityajadon- Posted: 2016/4/25
Pragmatic Approach to Law: Pragmatism is a philosophical tradition that began in the United States around 1870. Pragmatism rejects the idea that the function of thought is to describe, represent, or mirror reality.-Manmeet Singh- Posted: 2016/4/24
Gandhi's contribution in Women empowerment: With the entry of women being allowed in the inner sanctum of Shani Madir at Singnapur and in Mahalaxmi temple Kolhapur. Once again gender bias and women empowerment has because burning issue in the country, at such opportune moment it would be right and necessary to know the views of father of nation Mahatma Gandhi about status of women.-dilipdeshmukh- Posted: 2016/4/24
Laws for Senior citizens in India: Our seniors are our responsibility. Intergenerational equity is a principle of natural justice. A generation which neglects its elders and aged commits crime and shall be mate with same fate in their elder years. Ageing is a natural process, which inevitably occurs in human life cycle.-dilipdeshmukh- Posted: 2016/4/24
Corporate Renaissance: The ease of doing business in India has brought a mechanism to operate in transparency and accountability, as it has been addressed within which comprehends the dynamic changes in addressing the financial sector and the impact of cos amendment act, 2014.-Legit- Posted: 2016/4/24
Legal Route to Gambling: In India, Gambling is legal and has been legalised only in three states. By virtue of this article, we can understand the difference between Game of Chance and Game of Skill, which can help a person make wiser calls in every situation.-Jessica- Posted: 2016/4/17
Women Empowerment- How Empowered Are We : Women empowerment is not a new topic to debate on. In the past few years we have witnessed several organizations and activist coming out and raising their voice for women empowerment.-Sneha Suman- Posted: 2016/4/17
Strengthening Civil Society: The emergence of civil society as a force to be reckoned with can be understood as a consequence of changes in the interrelation between society, politics and economy.-Prashanti Upadhyay- Posted: 2016/4/17
Sexual Harassment of Men: Sexual violence can happen to any soul, no matter what your age is, your sexual attitude, or your gender identity. We usually perceive and see harassment or rape cases related to females only and this is the reason that legislations are made only for the women victims.-Prashanti Upadhyay- Posted: 2016/4/15
Applicability of Volenti Non Fit Injuria In Sports: Volenti non fit injuria is one of the major defences in the Law of Torts. This phrase is derived from a latin term which states to a willing person, injury is not done.-Prashanti Upadhyay- Posted: 2016/4/15
A socio-legal analysis of child labor-child rights in India: Child labor is a global phenomenon. In India it existed in one form or the other such as slaves, domestic servants, etc. since time immemorial.-Prashanti Upadhyay- Posted: 2016/4/15
Compensation: A Ray of Hope: The reason for the 'trial' setting in motion in a court of law is because of the unutterable sin by an accused towards the victim..-Prashanti Upadhyay- Posted: 2016/4/15
Compensatory Jurisprudence In India: The foundations of justice can be traced to the notions of social stability, interdependence between liberty-equality-fraternity, and inherent dignity. The renaissance of the doctrine of natural rights in the form of human rights across the globe is a great development in the jurisprudential field in the contemporary era.-Prashanti Upadhyay- Posted: 2016/4/14
Dowry laws: Loopholes and Possibilities of misuse: There is hardly any other malady of greater magnitude, which the society is facing today than the curse of dowry demand and dowry death.-Prashanti Upadhyay- Posted: 2016/4/14
Evidential Value of Private Reports in Court of Law: Documents are classified into two categories: public and private documents. When we talk about the evidential value of a document the first thing that comes to mind is the Indian Evidence Act, 1872 which lays down the basic rules governing the evidentiary value of documents admissible before Court.-Prashanti Upadhyay- Posted: 2016/4/14
Intention an Integral Part of Crime: According to Sir Stephen, A crime is an act or an omission in respect of which legal punishment may be inflicted on the person who is in default either by acting or omitting to act. So crime is nothing but an Act which is forbidden by law and is against the moral sentiments of the society.-Prashanti Upadhyay- Posted: 2016/4/14
Nature and Scope of Plea Bargaining: Plea bargaining advances speedy trials and helps in reducing the burden of courts and allows to concentrate in more serious and societal issues. Justice delayed is Justice denied.-Prashanti Upadhyay- Posted: 2016/4/14
Protection to Women Under Industrial Laws: Gender equality in labour laws was one of the key ingredients to attain social justice and thus various provisions were made in these laws to protect the interest of women and also to remove gender discrimination, women were given various benefits, concessions, safeguards in order to provide security to women against various risks attached therein.-Prashanti Upadhyay- Posted: 2016/4/13
Prohibition of Insider Trading Regulations, 2015: Fraudulent securities transactions or insider trading is one of the run-of-the-mill corporate phenomena today and as the number of episodes of manipulation of company securities.-Prashanti Upadhyay- Posted: 2016/4/13
E-Evidence in India: The Evidence Act has been amended by virtue of Section 92 of Information Technology Act, 2000. Section 3 of the Act was amended and the phrase All documents produced for the inspection of the Court were substituted by All documents including electronic records produced for the inspection of the Court.-Prashanti Upadhyay- Posted: 2016/4/13
Mercy Petition Boon or Bane: In India, the power to grant pardon is entrusted to the President and the Governors of various states under Article 72 and Article 161 of the Constitution.-Prashanti Upadhyay- Posted: 2016/4/13
Women Safety in an Insecure World: According to estimates up to 200 million or more women and girls are demographically missing. Given the biological norm of 100 newborn girls to every 103 new-born boys, millions more women should be living amongst us.-Prashanti Upadhyay- Posted: 2016/4/13
Working of Capital Market in India: Capital market is one of the most important segments of the Indian financial system. It is the market available to the companies for meeting their requirements of the long term funds.-Adv Roma Jain- Posted: 2016/4/12
Design Your Sound Make Your Sound A Mark : The Author endeavours to shed light on the resourceful application of Unconventional Trademarks and propagation of Sound Marks.-Jessica- Posted: 2016/4/12
Judicial Activism and Judicial Restraint: The concept of Judicial activism is thus the polar opposite of Judicial restraint. Judicial activism and Judicial restraint are the two terms used to describe the philosophy and motivation behind some judicial decision.-Abhishek Negi- Posted: 2016/4/12
Law Firm Document Management Software: A software for managing documents, emails, papers for law firms has become more important now than ever, this is not a cost to a firm but an investment to save time and money.-sheharyar- Posted: 2016/4/12
Rights of Disabled: Problems and laws relating to disabled are discussed in this article.-Chaitanaya- Posted: 2016/4/9
Brand Protection Agency Racket in India?: Over the decades while the counterfeiting has flourished in India, a lucrative, parallel industry has blossomed to fight it. Today, counterfeiting is a big business in India feeding numerous tributaries of allied crimes like drugs, prostitution and illegal arms trade and we are stuck with presumptions that catching few counterfeiters and sending them to jail will solve the problem.-Rishi Kulshresth- Posted: 2016/3/30
Gender-neutral Indian Penal Code: It has been multiple decades now that we are talking about EQUALITY. The word has literally flooded the entire print and electronic media. Everybody seems to be talking about equality, how it is essential for a healthy society and the various means and methods to achieve the same.-Avrati Srivastava- Posted: 2016/3/28
Trade, Commerce and Intercourse: The economic philosophy underlining the Constitution is the establishment of a welfare State and an economic system rooted in the fulfillment of the individual, controlled and bounded always by the values of the principles of the society in which he lived.-Miss. Prashanti Upadhyay - Posted: 2016/3/17
The Need for Judicial Accountability: Effects of the NJAC on the Judicial Independence, elaborately shows how the enactment refrains from interfering with the independence of judiciary, an idea which forms the basic feature of Indian Constitution.-- Posted: 2016/3/17
Fundamental Duties Under Article 51-A: The original Constitution of India, which came into force with effect from January 26, 1950, has a preamble which declares India as a Sovereign Democratic Republic, resting on the four pillars of civilization, viz. Justice, Liberty, Equality and Fraternity.-Miss. Prashanti Upadhyay - Posted: 2016/3/17
The Corporate as a Criminal: corporate criminal liability in India as well as its recent stand on the same. By referring to the two landmark rulings by the Indian Supreme Court. The cases being - the Iridium India Telecom Ltd. v. Motorola Inc and Sunil Bharti Mittal v. Central Bureau of Investigation CBI and Others.-Anjushree Shetty- Posted: 2016/3/17
Comparative Study of Juvenile Delinquency in India, U.K. & U.S.A; The Role of International Agencies in Juvenile Delinquency: The Juvenile Delinquency problem involves millions of youth. It has been estimated that maximum number of all our youths have engaged in Juvenile Delinquency behavior at one time or another.-Manmeet Singh- Posted: 2016/3/17
Surrogonomics: A Minting Methodology:The phrase Surrogonomics is a conglomeration of science and economics i.e. Surrogacy and Economy. The elementary connotation of surrogacy may reveal that lending a womb is actually helping those who aspire to become biological parents but their own biology does not confer this privilege on the better half among the parents.-B.A.S.JADON- Posted: 2016/3/17
Is Preamble a Part of Constitution: The Constitution of India begins with a Preamble. The Preamble contains the ideals, objectives and basic principles of the Constitution. The salient features of the Constitution have evolved directly and indirectly from these objectives which flow from the Preamble.-Prashanti Upadhyaya- Posted: 2016/3/14
Judicial Review of Presidential Proclamation Under Article 322: An emergency according to Article 352(1) can be proclaimed by a president if he is satisfied as to the existence of a threat to the security of India or a part thereof. The question which the topic deals with is whether this satisfaction of the President is justifiable or not.-Prashanti Upadhyaya- Posted: 2016/3/14
Liability of State In Contract And In Torts: Article 298 provides that the executive power of the Union and of each State shall extend to the carrying on of any trade or business and to the acquisition holding and disposal property and the making of contracts for any purpose.-Prashanti Upadhyaya- Posted: 2016/3/14
Public Interest Litigation: Good governance is the sine qua non of any State, particularly a democratic polity that would have three organs of government, namely, executive, legislative and judiciary.-Prashanti Upadhyaya- Posted: 2016/3/14
Writs In Indian Constitution: Article 226 empowers the High Courts to issue writs in the nature of habeas corpus, mandamus, prohibition, certiorari and quo warranto or any of them for the enforcement of any of the fundamental rights or for any other purpose.-Prashanti Upadhyaya- Posted: 2016/3/14
Privileges And Immunities In Suits of The State: Every problem has its own remedy. For the purpose of actions of the administration, these remedies help in preventing the recurrence the extraordinary legal remedies that is available to the individual against the illegal of an illegality.-Prashanti Upadhyaya- Posted: 2016/3/14
125 CrPC-Scope of Revision: These days many men are affected by the final order of maintenance towards their wife and are looking for best possible legal option to reduce interim/final maintenance amount.-Adv.Nitish Banka- Posted: 2016/3/10
Limitations in CPC-Execution of Foreign Judgments in India: Globalization and inter-connectivity in the world has brought with itself an increase in trans-national transactions between individuals and corporations belonging to different states.-Divyajyot Verma- Posted: 2016/3/09
Hindu Marriage A Journey From Sanskar to Philosophy: A journey from Sanskar to Philosophy Hindu Marriage: A journey from Sanskar to philosophy The purpose of this paper is to study the different aspects of marriage and most importantly its philosophy in aspect of jurisprudence.-Chitrita Sharma- Posted: 2016/3/09
Need For Corporate Social Responsibility : Corporate social responsibility focusses on the idea that a business has social obligation above and beyond making a profit.-Roma- Posted: 2016/3/08
Right to Service Act, 2011 A weapon to eliminate the corruption : The Right to Service Act, 2011 has empowered people to seek hassle free, corruption free and time bound service delivery mechanism in the govt. offices.-Jindal Dimple- Posted: 2016/3/02
Reservation Policy in India A Serious Threat To The Nation : Reservation policy was made to uplift the weaker and poor section of community upwards and to give the equal status to these people at par to other rich and high society communities.-Jindal Dimple- Posted: 2016/3/02
WHY a Registered Trademark in INDIA: Every one is asking WHY and most Law firms are responding by saying I will show you how. So here is the reply as to WHY Register your Trademark in India.-Kaustubh N. Kamat - Posted: 2016/3/01
Cyber Jurisprudence An Internalization In Indian Matrix: The Information Technology Act-2000 as amended by The Information Technology Act-2008. A fingertip information as to the penal provisions are also provided for better understanding of the significance of the Act.-adv_abhi- Posted: 2016/3/01
Homosexuality - The Rights of LGBT: The article is about the rights of gay, lesbian, bisexual and transgender people and about the repeal of sec. 377 of IPC which criminalize the homosexuality.-Pooja Sameer makan- Posted: 2016/2/16
Consequences of Prolonged Delays in Rape Trial : In a Society like India where cultural expectations and societal attitudes govern and determine pattern of relations and behavior, the incidence of rape becomes additionally critical. Instead of sympathy.-Adv.Roma- Posted: 2016/2/16
Legal Education-A Need of Reform: Historically, the legal education in India at the Vedic age based on the concept of Dharma. Though there was no formal education to impart law. Dharma was basic grandeur for every living individual. Training was self-acquired in matters concerned with Dharma.-Pooja Makan- Posted: 2016/2/15
Legal education system in India: Is law school a good investment? and what opportunities we have in this field. The article makes some observations about history, present and scope of legal education in India.-Shreeya Maheshwari and Yashu Chandak- Posted: 2016/2/15
Juvenile Justice Care and Protection of Children Act, 2015 : Juvenile can be defined as a child who has not attained a certain age at which he, like an adult person under the law of the land, can be held liable for his criminal acts. The juvenile is a child who is alleged to have committed /violated some law which declares the act or omission on the part of the child as an offence.-aniketsml- Posted: 2016/2/5
Leopold Cafe and Stores v/s Novex Communications Pvt Ltd : In India, It is obligatory for the owners of a commercial establishment to obtain a copyright licenses to play music in the premises of the establishment. Such licenses are issued and granted by the Copyright Societies incorporated under Section 33 of the Copyright Act (Hereafter Act) which makes it easier to get the licenses.-Namit- Posted: 2016/2/5
Crime and Violence need an Analysis: In 2000, an estimated 1.6 million people worldwide lost their lives due to violence - a rate of nearly 28.8 per 100,000. About half were suicides, one third was homicides and one fifth was causalities of armed conflicts.-Nidhi Soni- Posted: 2016/1/31
Procedures of the UAE to deliver a suspect of Extradition: If there is a convention between UAE and another country for extradition, this will take priority to the UAE International Judicial Corporation Law, where neither of these applies, the National Criminal Law of the UAE will be enforced.-Hassan Mohsen Elhais - Posted: 2016/1/31
Secularism and Constitution of India: The Preamble of Indian Constitution aims to constitute India a Sovereign,Socialist,Democratic republic.The terms socialist and secular were added to it by the 42nd amendment.-aniketsml- Posted: 2016/1/30
Possession and Using of Drugs in the United Arab Emirates: A case at the Dubai Court of Cassation was overturned based on a procedural error by the public prosecutor and police. A client from an African country who was accused and detained for possession and use of narcotic drugs such as hashish and marijuana.-Hassan Mohsen Elhais - Posted: 2016/1/30
Banking Law - Personal Guarantee: The economic boom in UAE has resulted in huge developments and a considerable increase in trade. This in turn has led to a rise in transactions which require a fast debt recovery mechanism.-Hassan Mohsen Elhais - Posted: 2016/1/30
Parent Child Abduction in United Arab Emirates: The UAE is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, which protects against the retention of children across international borders and seeks the return of children to their habitual residence.-Hassan Mohsen Elhais - Posted: 2016/1/30
Formation of Special Courts in Rape Cases for Speedy Trial: Justice delayed is justice denied is the corner stone in delivering justice, speedy trial is the essence of the criminal justice. If legal redress is available for a party that has suffered some injury, but is not forthcoming in a timely fashion, it is effectively the same as having no redress at all.-Roma Jain- Posted: 2016/1/30
Know your Labor Rights in the United Arab Emirates: In general terms, all expatriate employees who wish to work in the UAE must be employed by an appropriately licensed and approved company and must be issued with an entry permit for employment purposes, a labor card (work permit) and a residence visa.-Hassan Mohsen Elhais- Posted: 2016/1/19
Adoption in the United Arab Emirates : Sadly a great number of children are abandoned in the United Arab Emirates each year. Most likely this is as a result of young mothers being fearful of the repercussions of bearing a child outside wedlock.-Hassan Mohsen Elhais- Posted: 2016/1/18
Women empowerment: With Special Reference to Constitutional Provisions: In spite of women contribution in all spheres of life and they enjoy a unique position in every society and country of the world, but they suffer in silence and belong to a class which is in a disadvantaged position on account of several barriers and impediments.-aniketsml- Posted: 2016/1/18
The Constitution of Nepal: The new constitution of Nepal has come into effect on September 20, 2015 by replacing the interim constitution of 2007. The article mainly focuses on the significant features of the constitution.-Sneha Suman- Posted: 2016/1/18
Sexual Harassment of Women at Workplaces: After a long battle of almost 16 years after the verdict of Supreme Court in Vishaka v. State of Rajasthan, in 1997, India finally enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.-Swati Sehgal- Posted: 2016/1/9
Judicial Accountability Bill: The word accountable as defined in the Oxford Dictionary means responsible for your own decisions or actions and expected to explain them when you are asked.-Swati Sehgal- Posted: 2016/1/9
Role of Securities Exchange Board of India: The economy of India is based on sound financial system that helps in accelerating production, capital and economic growth of the country.-Sneha Suman- Posted: 2016/1/8
Constitutional Disability-way forward: Constitution of India provides the supreme authority to the government to provide a legal framework for smooth functioning of India.-Nidhi Soni- Posted: 2016/1/8
Application of RTI Act 2005 on private companies: In case the applicant (third party) files RTI application and seeks information directly from the Private Companies. Whether It Is Liable to furnish the said information under the RTI Act or Not.-adv.Chetan Sharma- Posted: 2016/1/4
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