# LawZ Magazine

> India's First Monthly Law Magazine for All


## Posts

- [Prestige: The Liability of the Master](https://lawzmagazine.com/2003/08/prestige-the-liability-of-the-master/): BY CAPT. A. K. BANSAL. Prestige: The Liability of the Master THE LIABILITY OF THE MASTER On Nov. 13, 2002, the Bahamas flag, single hull, Aframax tanker Prestige suffered structural damage in heavy weather off Portugal. There was an explosive sound and a severe shudder of the hull. The ship started to list within 5 […]
- [Beating Men at the Dowry Game](https://lawzmagazine.com/2003/08/beating-men-at-the-dowry-game/): BY MONICA KHURANA. BEATING MEN AT THE DOWRY GAME Has dowry become a euphemism for extortion? Marriage is a sacramental union in the Hindu faith. In India there is no greater event in a family than a wedding, dramatically evoking every possible social obligation, kinship bond, traditional value, impassioned sentiment, and economic resource. In the […]
- [Biotechnology: Risks and Benefits Involved](https://lawzmagazine.com/2003/07/biotechnology-risks-and-benefits-involved/): BY ASHISH RANA. BIOTECHNOLOGY: RISKS AND BENEFITS INVOLVED Biotechnology & Trade Laws Biotechnology is a revolutionary technology. It has opened up myriad avenues for the human regime to grow and alter its future. Biotechnology allows the humans to tamper the genetic structure of any organism and thereby making it more compatible and beneficial to human […]
- [Public Interest Litigation and the Balco Employees Union Case](https://lawzmagazine.com/2003/07/public-interest-litigation-and-the-balco-employees-union-case/): BY S. KANAGASABAI MOSES, SENIOR ADVOCATE. Public Interest Litigation and the Balco Employees Union Case In the matter of Balco Employees Union Vs Union of India, the judgement was delivered by Kirpal, J. on behalf of the other judges V. Shivraj Patil and P. Venkatarama Reddy. In this case many a question of constitutional importance […]
- [Interviewing Ranjit Kumar](https://lawzmagazine.com/2003/07/interviewing-ranjit-kumar/): “THERE ARE SOME BLACK SHEEP IN OUR PROFESSION” From a service class family, Mr. Ranjit Kumar came to Delhi to take the civil services examination. However, he could not clear the interview session and as such could not qualify for the IAS. He never gave it a second attempt and opted to concentrate on his […]
- [Whither United States of America](https://lawzmagazine.com/2003/04/whither-united-states-of-america/): BY CAPT. ASHOK BANSAL. Whither United States of America January 1, 2002. A few dozen villagers were killed when U.S. “smart bombs” tried to smoke out the Taliban and Osama bin Laden from their U.S.-built, U.S.-financed high-tech caverns in Afghan mountains. George Bush calls it ‘operation enduring freedom’. Enduring freedom for whom? On the same […]
- [Interviewing Shyamala Pappu](https://lawzmagazine.com/2003/04/interviewing-shyamala-pappu/): “Judges Must Not Become Victims of Corruption” Shyamala Pappu, Senior Advocate She was the only lady lawyer when she started practice in the High Court at Mysore, 35 years ago. After putting a few years in at Mysore she came to Delhi to practice in the Supreme Court. Close to Lord Denning, he used to […]
- [Gender Harassment in the Legal Arena](https://lawzmagazine.com/2003/04/gender-harassment-in-the-legal-arena/): BY ARCHITA. Gender Harassment in the Legal Arena When Priya, a budding lawyer, is called by her Senior for a conference with a client but the topic veers from law points to the nuances of the latest nude done by Hussain or Souza, Priya doesn’t know whether to participate in the discussion, as a mature, […]
- [Young Lawyer](https://lawzmagazine.com/2003/03/young-lawyer/): BY THE CO-AUTHORS. Young Lawyer Once a London daily carried this advertisement: “Applications invited for an expedition team to the Antartics, low remuneration, sleepless hours, survival rate low, fame guaranteed if successful”. Aspirants to the legal field can hope for similar working conditions, except that the fame is not guaranteed!! Humour and hyperbole apart the […]
- [Interviewing Anant N. Haksar](https://lawzmagazine.com/2003/03/interviewing-anant-n-haksar/): BY LAWZ BUREAU. “Luck Can Give You the Right Break, But It Is Your Hard Work and Dedication That Will Make You Excel in This Profession” Q: What essential qualities must one have to become successful in the legal profession? Are these qualities inborn or can they be developed subsequently? The first and the most […]
- [Cloning: Are We on the Right Path?](https://lawzmagazine.com/2003/03/cloning-are-we-on-the-right-path/): BY THE AUTHOR. In what could be claimed a revolutionary advancement in the ever growing field of genetic engineering, a French scientist has claimed that world’s first human clone has been born. The baby girl was reportedly born on 26th December, 2002. The French scientist, Brigitte Boisselier, who undertook this great task is the president […]
- [Human Rights: Understanding the Concept](https://lawzmagazine.com/2003/02/human-rights-understanding-the-concept/): BY SACHA HARTMANN. HUMAN RIGHTS: UNDERSTANDING THE CONCEPT nyone who has heard of the concept of human rights will have some idea of what they are about and what is meant by that deceptively simple phrase. Since they have been mentioned in the media with increasing frequency, in particular in conjunction with the world’s troubled […]
- [Think about it](https://lawzmagazine.com/2003/02/think-about-it/): BY ALOK KRISHNA AGARWAL. Think about it Times they are a changing sang the revolutionary Rock icon Bob Dylan many years ago. But now, the times seem to be changing really fast. Look around for yourself, the computer has replaced the typewriters so fast, that one could have never imagined. It is not merely the […]
- [Marital Rape - Myth, Reality and Need for Criminalization](https://lawzmagazine.com/2003/01/marital-rape-myth-reality-and-need-for-criminalization/): BY SAURABH MISHRA & SARVESH SINGH. The idea of the ‘sacrosanct’ institution of marriage dished out by the mainstream Indian cinema is a myth and is contrary to women’s perceptions of reality. Cries of despair, indignation, humiliation and protests emanate from them more than melodies with romantic lyrics. Though marital rape is the most common […]
- [Interviewing Vijay Bahuguna](https://lawzmagazine.com/2003/01/interviewing-vijay-bahuguna/): BY LAWZ BUREAU. “A judge and a lawyer, are two sides of a coin” Being the son of Mr. H N Bahuguna made little difference to Vijay Bahuguna, for he had to start his career from scratch. He never sought any help from his father, who was always busy with his party activities. He and […]
- [Hugo Grotius](https://lawzmagazine.com/2002/11/hugo-grotius/): BY Somesh Mahajan. Huig de Groot was born on April 10, 1583, in Delft, Holland. He was the son of Jan de Groot, a Curator at the University of Leyden, where he began studying on August 3, 1594. He was eleven years old. By 1598 he received his Doctorate at the University of Orleans while […]
- [The Constitution of India](https://lawzmagazine.com/2002/11/the-constitution-of-india/): BY Pallavi Puri. On 15th August 1947, India acquired independence from Britain. The newly appointed Constituent Assembly was given the task of drafting a Constitution for India and the greater part of this onerous responsibility fell upon the shoulders of B. R. Ambedkar, who was elected the Chairman of the drafting committee. He and his […]
- [Interviewing C. S. Vaidyanathan](https://lawzmagazine.com/2002/11/interviewing-c-s-vaidyanathan/): UNLESS YOU TAKE RISKS THERE CANNOT BE ANY SUCCESS IN LIFE After completing law at the age of nineteen and a half years, Mr.Vaidyanathan could not enroll himself as a lawyer, as the required age for enrollment with the bar was twenty years or above. Therefore, he joined a masters course in Law and Social […]
- [Interviewing G.L. Sanghi](https://lawzmagazine.com/2002/10/interviewing-g-l-sanghi/): BY LAWZ BUREAU. G.L. SANGHI, SENIOR ADVOCATE, SUPREME COURT OF INDIA “If a judge is patient he will be able to deliver justice.” He started his career in law by practising in Nagpur District Courts. Although he belonged to a lawyer’s family, he started his career afresh with Mr. Bobde, a practising lawyer in Nagpur. […]
- [Road Accidents and Compensation](https://lawzmagazine.com/2002/10/road-accidents-and-compensation/): BY V.S.R. SRIKANTH. Road Accidents and Compensation Man started pulling vehicles to meet his purposes, but when he started enjoying the vehicle he rides a little bit of carelessness and negligence crawled in. Even lately road accidents become more frequent. Many lost their lives and many were disabled. Everyday we receive news of road accidents. […]
- [Police Violence Against Street Children in India](https://lawzmagazine.com/2002/10/police-violence-against-street-children-in-india/): BY MONIKA KHURANA. POLICE VIOLENCE AGAINST STREET CHILDREN IN INDIA Street children may be categorized as abandoned children and those who have severed all ties with their families and have chosen the street as their home where they seek shelter, livelihood, and companionship. They are entirely on their own, not only for material survival but […]
- [Some Statutes and Rules](https://lawzmagazine.com/2002/09/some-statutes-and-rules/): Section 269 of the Companies Act, 1956, stipulates that appointments of managing or whole time directors or a manager in a public company or a private company which is a subsidiary of a public company shall not be made except with the approval of the Central Government, unless such appointment is made in accordance with […]
- [Laura De Force Gordon](https://lawzmagazine.com/2002/09/laura-de-force-gordon/): BY Somesh Mahajan Born in Pennsylvania on August 17, 1838, Laura de Force Gordon migrated to the West Coast just after the United States Civil War, eventually settling in California’s San Joaquin Valley. Not long after her arrival, she shook up the young state by delivering its first public lecture calling for woman suffrage in […]
- [Interviewing P. N. Lekhi](https://lawzmagazine.com/2002/09/interviewing-p-n-lekhi/): He is one of the most charismatic lawyer of our times. Went to jail during the freedom struggle and again during the Emergency period. He is known to work on his briefs both with the head and the heart. At the age of 37, P. N. Lekhi completed his law from Jalandhar and then started […]
- [Global Environmental Issues](https://lawzmagazine.com/2002/09/global-environmental-issues/): BY MONIKA KHURANA. Global Environmental Issues Ecology is the science of the intricate web of relationships between living organisms and their living and non-living surroundings. These interdependent living (biological organisms) and non-living (air, water, temperature, etc.) components make up ecosystems like forests and lakes. Larger ecosystems or combinations of ecosystems, which occur in similar climates […]
- [Seafarer & The Law](https://lawzmagazine.com/2002/09/seafarer-the-law-2/): BY Capt. A.K. Bansal. Seafarer & The Law An ancient, universally accepted legal principle is that each sovereign state enforces its own laws within its jurisdiction, and anyone present therein is subject to those laws. No state can impose its laws on the territories of another and no foreigner can invoke his laws outside his […]
- [Save Yourself From Food Adulteration](https://lawzmagazine.com/2002/08/save-yourself-from-food-adulteration/): BY V.S.R. Srikanth Adulteration is defined as mixing of foreign articles with the food items or mixing low cost food materials with high priced food ingredients. Although adulteration enhances the earnings standard of shopkeepers and wholesalers, on the other hand it diminishes the health standards of the citizens. In order to curb this menace of […]
- [Wildlife At The Mercy Of Wilder Humans](https://lawzmagazine.com/2002/08/wildlife-at-the-mercy-of-wilder-humans/): BY Vinita Sahay Ever wonder what is valuable so valuable about a beetle or a butterfly that certain individuals would endanger themselves and the entire plantet? Two Russians, two Japanese, and three Nepalese nationals had been arrested on July 028 while trying to smuggle 271 pairs of indigenous stag beetles, and nearly 20 kgs of […]
- [Interviewing R. Venkataramani](https://lawzmagazine.com/2002/08/interviewing-r-venkataramani/): “LAW IS A NEVER ENDING LEARNING PROCESS” Coming from a non lawyer background family, Mr.R Venkataramani started his career in law by practicing in the Trial Court in his home town. He was inspired early on, during his student days, to take up law as a profession. Deciding not to get involved into the family […]
- [Chronology Of Indian Shipping](https://lawzmagazine.com/2002/08/chronology-of-indian-shipping/): BY Capt. A. K. Bansal Ancient monuments all over South East Asia testify that our ships dominated the Indian ocean for over 4000 years. Recent excavations indicate that regular sea trade in ivory, lapiz lapis lazuli, gold, pearls, shell and bone inlay flourished between India and Mesopotamia as early as 2350 B.C. A great brick […]
- [Divorce](https://lawzmagazine.com/2002/08/divorce/): Marriage is one of the essential samskaras (sacraments) for every Hindu. It was considered to be a permanent and indissoluble union, i.e. once tied cannot be broken. The sacramental marriage made woman subordinate to man. It was only in exceptional cases that a woman was allowed to abandon her husband and take another. Consent plays […]
- [Wild Life And Salman Khan](https://lawzmagazine.com/2002/07/wild-life-and-salman-khan/): BY Sudhir Mishra Wild Life And Salman Khan Sudhir Mishra It was October, 1998, when the ambitious family saga of Rajshree Films was being filmed in the beautiful locations around Jodhpur, Rajasthan. Rajshree Productions and Salman Khan have a special bond as both the earlier films produced by Rajshree, “Maine Payar Kiya” and “Hum Apke […]
- [Interviewing Arun Jaitley](https://lawzmagazine.com/2002/07/interviewing-arun-jaitley/): “THE INDIAN LEGAL SYSTEM IS A FAIR AND POWERFUL SYSTEM” Ever since his student days Mr. Jaitley was actively involved in politics at the college level. He was arrested during the emergency and spent a few months in prison. He completed his law from the University of Delhi in the year 1976-77 and was also […]
- [Law Delays](https://lawzmagazine.com/2002/07/law-delays/): BY Ramneek Singh The famous BMW case gave a jolt to the wealthy parents who shower their children with expensive gifts like a luxury car or a membership to an exclusive club. But the situation does not seem to have improved a bit. Sanjeev Nanda, the grandson of former Admiral S M Nanda and son […]
- [Spurious Goods - Raids & Seizures](https://lawzmagazine.com/2002/07/spurious-goods-raids-seizures/): BY A. K. Das For curbing spurious activities and organizing police raids, one needs a lot intelligence and presence of mind at all levels, starting from identifying products to completion of the raid. A wrong step at any stage may lead to failure of the raid and life risk. Knowledge of criminal law, trademarks, and […]
- [Legal Issues Raised By Genomic Revolution](https://lawzmagazine.com/2002/07/legal-issues-raised-by-genomic-revolution/): BY Qaiser Lone The sequencing of the human genome has ushered in a new scientific era in medicine which promises enormous benefits for humankind. Technology and resources developed by the ”Human Genome Project” and other genomic research are starting to have profound impacts on biomedical research and promise to revolutionize the wider spectrum of biological […]
- [Refugees On The International Scene](https://lawzmagazine.com/2002/07/refugees-on-the-international-scene/): BY Capt. A. K. Bansal According to the United Nations High Commission for Refugees (UNHCR), if any person in fear of being persecuted for reasons of religion, nationality, race or political opinion, is outside his country and is unable or unwilling to return owing to such fears, he is a refugee. However, before any person […]
- [Birth Rights?](https://lawzmagazine.com/2002/07/birth-rights/): BY Kripa Sriram Should Children Born Disabled Be Entitled To Compensation? A severely disabled French boy won a landmark case against medical authorities for allowing him to be born rather than aborted. Nicolas Perruche was born deaf, part-blind, and with mental disabilities in 1983 after a doctor and a medical laboratory failed to realize that […]
- [Sir Henry Maine](https://lawzmagazine.com/2002/03/sir-henry-maine/): By Somesh Mahajan Sir Henry Maine was born on August 15, 1822, in Scotland. He received his education at Christ’s Church and Pembroke College in Cambridge, receiving his degree in 1844. After serving a time as a tutor and teacher, most notably of civil law at Cambridge, he began practicing law in 1850. Brought up […]
- [Indian Wildlife And Law](https://lawzmagazine.com/2002/03/indian-wildlife-and-law/): BY Sudhir Mishra India has inherited a great wildlife treasure. This treasure contains Tibetan antelopes of the Himalayan region, magnificent elephants and turtles of the southern coast of Kanyakumari, innocent rhinoceros from the northeast region, with royal Bengal tigers in the Sunderbans to lions of Gir, musk deer and black bucks in Rajasthan, and many […]
- [What Is Public International Law?](https://lawzmagazine.com/2002/03/what-is-public-international-law/): BY Sudipto Bose What is Public International Law? International Law, which in most other countries is referred to as Public International Law, concerns itself only with questions of rights between sovereign states or nations and the citizens or subjects of other nations. In contrast, Private International Law deals with controversies between private persons, natural or […]
- [Intellectual Property Rights](https://lawzmagazine.com/2002/03/intellectual-property-rights/): BY Arvind Ranganathan Intellectual property rights is after all the creation of the human brain and ingrained in creative works like books, music, designs, inventions of products and processes, computer software, distinctive designs or marks and the likes. There had been attempts for integration of IPRs in instruments like the Paris and Berne Conventions. But […]
- [Interviewing Raju Ramchandran](https://lawzmagazine.com/2002/03/interviewing-raju-ramchandran/): I STILL DESPAIR AT THE LAW’S DELAYS One of the leading Senior Advocates in the Supreme Court and presently Vice President of the Supreme Court Bar Association, Mr. Raju Ramachandran always wanted to become a journalist, but he was destined to become a lawyer. Although he had no legal background, it was out of his […]
- [Entry Options For Foreign Investors](https://lawzmagazine.com/2002/03/entry-options-for-foreign-investors/): BY Qaiser Lone The Government of India’s new liberalisation policy and economic reforms has encouraged Foreign Direct Investment (“FDI”) into India by simplifying the legal and regulatory framework thereby making FDI into India attractive for foreign investors. A foreign company or individual proposing to invest in India has the option of setting up either a […]
- [Interviewing M. N. Krishnamani](https://lawzmagazine.com/2002/02/interviewing-m-n-krishnamani/): I HAD NO IDEA AT ALL HOW A LAWYER WOULD FUNCTION Maharajapuram Natarajan Krishnamani was born on April 26, 1948. He received his education from Ramakrishna Mission Boys’ High School, Vaishnav College, Presidency College, and Law College, Madras. He had a brief political career and was a trade union leader from 1969-1975. In 1971 he […]
- [WHY THIS APPREHENSION OF POTO](https://lawzmagazine.com/2002/02/why-this-apprehension-of-poto/): BY Armin Wandrewala Hard cases make bad laws is a truism generally acknowledged by lawyers. Hard times make for bad laws, it would appear. Our lawmakers have been experimenting with a series of them. After the manipulation of MISA, the terror of TADA, the mockery of MCOCA, we now face: Pulverizing POTO! Even saner voices […]
- [Filing A Complaint In The Consumer Courts](https://lawzmagazine.com/2002/01/filing-a-complaint-in-the-consumer-courts-2/): BY Arvind Ranganathan The word ‘consumer’ in its simplest form means a person who buys goods, upon payment, from a trader for his personal use. This definition, over the years, has changed and a new meaning has been evolved for the word ‘consumer’. For the protection of the interests of a common man, the Government, […]
- [Interviewing E. C. Agarwala](https://lawzmagazine.com/2002/01/interviewing-e-c-agarwala/): With Hard Work And Integrity — A Young Lawyer Should Soon Succeed Interview with Eshwar Chandra Agarwala by Renu Sharma Making a decision to take up law as a profession at an age of 13 years, Eshwar Chandra Agarwala, never changed his mind and devoted himself to this profession, although belonging to a family of […]
- [Criminal Liability Of Shipowners](https://lawzmagazine.com/2002/01/criminal-liability-of-shipowners/): BY Capt. Ashok Bansal In the past, established and reputed shipping companies took every precaution to ensure that their ships did not infringe international laws and established practices. But by the 1970’s, liners of the early and mid twentieth century were eclipsed by large scale ocean transportation through huge bulk carries, container ships, ULCC’s and […]
- [Legislation Watch - Competition Bill 2001](https://lawzmagazine.com/2001/12/legislation-watch-competition-bill-2001/): By Sheetal Ahuja Indian Chambers of Commerce and Industry feel that there are many provisions in the Competition Bill which would severely stifle the growth and create obstacles for companies which seek to assume optimal size to face competition. The industry feels that the primary role of the Commission should be that of advocacy for […]
- [POTO: A Well Thought Step](https://lawzmagazine.com/2001/12/poto-a-well-thought-step/): By Ajay Kashyap The need for an effective legislation to combat terrorism has become necessary following the repeal of TADA. The Prevention of Terrorism Ordinance 2001 attempts to substantially meets this requirement. Moreover, the checks incorporated in the Ordinance, it is felt, will prevent misuse of the law and safeguard the human rights of the […]
- [What To Do When You Apprehend Arrest](https://lawzmagazine.com/2001/12/what-to-do-when-you-apprehend-arrest/): By Sudhir Mittal Have you ever been in a situation where you are faced with the prospect of being arrested? Sometimes a person holding a grudge against you may implicate you in a false case in order to put you in prison. Faced with such a situation most people would break out in a cold […]
- [Interviewing R. K. Jain](https://lawzmagazine.com/2001/12/interviewing-r-k-jain/): excerpts with Renu Sharma He has been the President of the Supreme Court Bar Association as many as five times and has been active in the welfare of lawyers and litigants. After completing law from Meerut University, R.K. Jain came to Delhi, not to practice law but to join politics. Although he has been in […]
- [How Sept. 11 has Shaped the International Order For The 21st Century](https://lawzmagazine.com/2001/12/how-sept-11-is-shaping-the-international-order-for-the-21st-century/): By Henry A. Kissinger Sept. 11, 2001, is etched in American minds as a vast tragedy, but it is likely that history may record it as well as the turning point in shaping the international order for the 21st century. 11 ended some of the smug illusions of the 1990s, among them that international politics […]
- [Armageddon - The End, Or The Beginning?](https://lawzmagazine.com/2001/12/armageddon-the-end-or-the-beginning/): By Armin Wandrewala The unremitting images were an assault on the imagination – on intelligence – on emotion, as they flashed, relentlessly repetitive, on television screens round the world. This was not a scenario that called for any suspension of disbelief. It was belief that stood suspended, on that fateful day that is predicted to […]
- [War: An Environmental Disaster](https://lawzmagazine.com/2001/11/war-an-environmental-disaster/): Deependra Prashad, Energy Forum, IIT Delhi The unparalleled destruction created in a short time  span  by  present  day wars have turned today’s war zones into environmental disaster areas. Human  civilization  has  drawn  upon  centuries  of  social,  economic  and technological  change  to  create   modern   society   with   its   advanced infrastructure and networks. But this development has not […]
- [The Eight Pillars Of Law](https://lawzmagazine.com/2001/11/the-eight-pillars-of-law/): Sacha Hartmann Renowned legal  philosopher  Lon  L  Fuller  believed  that  law  had  eight weaknesses that may cause it to fail. That an intellectual structure requires a foundation and supports  to  allow it to stand and make it viable as much as any physical building, is  a  much used and oft quoted metaphor.  A system of […]
- [Doha Ministerial Conference - A Deep Divide](https://lawzmagazine.com/2001/11/doha-ministerial-conference-a-deep-divide/): By Qaiser Lone Developing countries are opposed to relating trade  with  core  labour standards, environmental issues,  investment  issues  and  competition policy. In the run up to the Doha  Ministerial  Conference  being  held under the aegis of the World Trade Organisation (WTO),  there  appears to  be  a  deep  divide  between  the  developed  and  the  developing countries. […]
- [Interviewing Vinay Kumar](https://lawzmagazine.com/2001/11/interviewing-vinay-kumar/): Interview of Mr. Vinay Kumar, Principal, Delhi Public School, Vasant Kunj, New Delhi. School  is  the  stage  where  students  are  introduced  to  various disciplines and courses.  When is law introduced to  them  as  a study? Ans:  Law is a very interesting subject. If law were taught in one  form  or another  to a student from […]
- [After 60 Is A New Chapter. But No Less Interesting](https://lawzmagazine.com/2001/11/after-60-is-a-new-chapter-but-no-less-interesting/): By Garima Prashad Although elder law is  still  not  a  specialised  filed  in  India,  senior citizens are entitled to various rebates and concessions under the law. Raghuvir, a retired private firm executive, and his wife, got a  rude  shock one day soon after their son was married. Neither his son nor his  daughter- in-law wanted […]
- [Malingerer's Don't Pretend - You Would Be Exposed](https://lawzmagazine.com/2001/10/malingerers-dont-pretend-you-would-be-exposed/): BY DR. ATUL AGARWAL Feigning diseases and shamming ill health are common among prisoners and assaulted persons. Punishable in law, malingering can now be easily exposed. Working as Senior Resident of surgery in the Department of Emergency Services of A. I. I. M.S., New Delhi, we have to deal with all sorts of Medico-legal cases […]
- [Amendments In The Companies Act, 1956 - Around The Corner](https://lawzmagazine.com/2001/10/amendments-in-the-companies-act-1956-around-the-corner/): BY M. RAMAN Setting up of a National Company law Tribunal and repealing of the Sick Industrial Companies (special provision) Act 1985, are some of the important proposals before the Parliament. The Companies (Amendment) Bill 2001 recently introduced in Parliament proposes several amendments in the Companies Act, 1956, based on the recommendations of the expert […]
- [How To Become Partners In Business](https://lawzmagazine.com/2001/10/how-to-become-partners-in-business/): BY NAVEEN CHAWLA Ever thought of sharing your business losses and reducing the risks? Know the legal aspects involved. A person may carry on a business solely or may carry a business alongwith other persons, who shall work together for a common objective of earning profits. The degree of risk in carrying on a business […]
- [Interviewing Dr. Abhishek Manu Singhvi](https://lawzmagazine.com/2001/10/interviewing-dr-abhishek-manu-singhvi/): Designated as the Youngest Senior Advocate in the country, the youngest Additional Solicitor General of India, and elected as the youngest Vice President of the Supreme Court Bar Association; Dr. Abhishek Manu Singhvi has displayed a remarkable amalgam of intellect, logic and oratorical skill in the legal profession. LAWZ: What inspired you to take up […]
- [The Laws of Terror](https://lawzmagazine.com/2001/10/the-laws-of-terror/): By GARIMA PRASHAD Terrorism is having an ever-increasing impact upon the international community. With the recent horrifying attacks on humanity, the pertinent question is that, whether the laws of the civilized world can overrule the laws of international terror. The attacks on the World Trade Center and the Pentagon, the most deadly terrorist assaults in […]
- [If The Police Suddenly Arrests You](https://lawzmagazine.com/2001/09/if-the-police-suddenly-arrests-you/): BY VIKRANT ROHILLA What if the police suddenly comes and arrests you? What are your rights? The law provides certain safeguards and rights to ensure that you are not unnecessarily harassed. Under the Indian Code of Criminal Procedure, wide and abundant powers have been given to the police to control crime as far as possible. […]
- [Interviewing Vinay Virendra Chaudhary](https://lawzmagazine.com/2001/09/interviewing-vinay-virendra-chaudhary/): The Difficulties Of My Junior Officers Are My Own Difficulties EXCLUSIVE INTERVIEW WITH VINAY VIRENDRA CHAUDHARY, DEPUTY COMMISSIONER OF POLICE – ANTI CORRUPTION DEPARTMENT – GOA AND NATIONAL CAPITAL TERRITORY OF DELHI. The first thing that a person comes to notice immediately, upon entering the office, of V.V. Chaudhary is the warmth of his disposition. […]
- [Bribe-Givers And Bribe-Takers Are Both Guilty](https://lawzmagazine.com/2001/09/bribe-givers-and-bribe-takers-are-both-guilty/): By GARIMA PRASHAD That corruption is wrong, unethical, shameful and punishable has to be forcefully proved to the Indian mind. The lava of public discontent against the never-ending loot of public money is very much active and is bound to spill over sooner or later… These are nervous days for corrupt Indian officials: cops and […]
- [How To Draft Your Own Will](https://lawzmagazine.com/2001/08/how-to-draft-your-own-will/): By Naveen Chawla HOW TO DRAFT YOUR OWN WILL Will is a document which takes effect only from and after the death of the testator (the person who makes it), and not from the time when he actually makes it. If a Will is made, the property of the deceased testator is divided in accordance […]
- [Interviewing Ashok Arora](https://lawzmagazine.com/2001/08/interviewing-ashok-arora/): The Supreme Court Bar Association of India is a premier organization, having the best lawyers on its rolls. For the past few years the Association has taken several steps towards the improvement of our judicial system, and has catered to the needs of the litigants as well as lawyers. After the recently held elections of […]
- [Legal Education in India](https://lawzmagazine.com/2001/08/legal-education-in-india/): By Bimla Sharma LEGAL EDUCATION IN INDIA Legal education in India like other countries forms an important and integral part of our education system. Law teaching in India is being undertaken by the Universities and various colleges affiliated to the said Universities. A recognised University law degree is in itself a sufficient qualification for entry […]
- [If the Cheque You Receive Bounces...](https://lawzmagazine.com/2001/08/if-the-cheque-you-receive-bounces/): By Garima Prashad If the cheque you receive bounces, you can initiate criminal legal proceedings against the drawer namely the person who issues the cheque, either under the Indian Penal Code (IPC), or under the Negotiable Instruments Act (NIA), or even both. Indian Penal Code (IPC) The drawer can be criminally prosecuted under sections 415, […]
- [Master as Captain, Manager and Scapegoat](https://lawzmagazine.com/2015/08/master-as-captain-manager-and-scapegoat/): By Capt. A.K. Bansal Master is a qualified seafarer in command of a merchant ship. Under common law, the ship’s register evidences this, plus her nationality, port of registry and mortgages, if any. Master is obliged to produce it on demand and declare her nationality at all times. A ship has two legal personalities: She […]
- [Corrupt Business Practices — An Analysis of Managerial and Legal Dimensions](https://lawzmagazine.com/2015/08/corrupt-business-practices-an-analysis-of-managerial-and-legal-dimensions/): By Dr. Inder Jeet Dagar Corruption: Bribery, Extortion and Nepotism Corruption can be defined as misuse of power of official position for private benefit or advantage. It can take the form of money, special treatment, promotion, and even protection. It can be said that the crux of the legal definition of corruption is taking or […]
- [Dr. Albert Schweitzer — From Bach to the Service of Humanity](https://lawzmagazine.com/2015/08/dr-albert-schweitzer-from-bach-to-the-service-of-humanity/): By Anoop Bose “You must give something to your fellow man even if it is a little, something for what you have received in return.” Schweitzer was born in Kaysersberg or “Emperor’s Mountain”, one of the finest wine-growing communes in Upper Alsace (then part of Germany, now part of France), on 14th January, 1875. During […]
- [Trademark Infringement Through Product Disparagement in Comparative Advertisements](https://lawzmagazine.com/2015/08/trademark-infringement-through-product-disparagement-in-comparative-advertisements/): By Vishal Khare The world today is the world of consumerism. Consumerism is on its rise and the velocity is very high. Every year, over 20,000 products are added to the world market from 49 countries. The common objective of the companies producing such goods is to maximize their profit. They invest a lot of […]
- [The Constitutional Validity of Minimum Wages Act, 1948](https://lawzmagazine.com/2015/08/the-constitutional-validity-of-minimum-wages-act-1948/): By Aniruddh Shastree The Act is Not Unreasonable It can scarcely be disputed that securing of living wages to labourers which ensure not only bare physical subsistence but also the maintenance of health and decency is conducive to the general interest of the public. This is one of the directive principles of the State Policy […]
- [Mahatma Gandhi and the House of Tata — The South African Dimension](https://lawzmagazine.com/2015/07/mahatma-gandhi-and-the-house-of-tata-the-south-african-dimension/): By Anoop Bose The Father of the Nation Mohandas Karamchand Gandhi was born in the coastal town of Porbandar in Gujarat on 2nd October, 1869. Armed with two most potent weapons viz. “Satya” (“truth”) and “Ahinsa” (“non-violence”), Gandhi raised human values to new, mercurial heights and demonstrated to the world at large that wars could […]
- [Vicarious Liability of Directors in Case of Dishonor of Cheque by a Company](https://lawzmagazine.com/2015/07/vicarious-liability-of-directors-in-case-of-dishonor-of-cheque-by-a-company/): By Murtuza Bohra Introduction The use of cheques is well recognized method for payment in daily business and it was desired that the commitment made by the payer be honored in all occasions. To encourage the use of cheques and with an intention to save the interest of the unpaid payee/holder of cheque, 17th Chapter […]
- [Protecting the Interests of the Consumer](https://lawzmagazine.com/2015/07/protecting-the-interests-of-the-consumer/): By S. Nath The provisions of the Consumer Protection Act provide for better protection of the interests of consumers and for that purpose there are further provisions contained in the Act for the establishment of consumer councils and other authorities for the settlement of consumers’ disputes and for matter connected therewith. Filing a complaint before […]
- [Commissioning Surrogacy in India](https://lawzmagazine.com/2015/07/commissioning-surrogacy-in-india/): By Sonali Bhattacharya It is estimated that India’s commercial surrogacy is worth $2.5 billion dollar industry producing nearly 2,000 surrogacy children including domestic and foreign couples. There is rampant practice of commercial as well as cross-border surrogacy in India and a booming business of ART Industry including surrogacy in India. Accordingly India is called “the […]
- [Criminal Defence Lawyers](https://lawzmagazine.com/2015/07/criminal-defence-lawyers/): By Carl Patel Devil’s Attorneys or Dark Knights When I tell most people that I handle criminal defense work, I always get a disgusted face in response, if not an eyebrow rise. If there could ever be two things as contradictory to and simultaneously be in concurrence with each other, it has to be society […]
- [Filing a Complaint in the Consumer Courts](https://lawzmagazine.com/2015/07/filing-a-complaint-in-the-consumer-courts/): By Arvind Ranganathan The Consumer Protection Act (CPA) has defined and given a new dimension to the word consumer. The Act defines a consumer as any person who: (a) buys goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes […]
- [The Corporate Offices and Information Technology Companies as Shops](https://lawzmagazine.com/2015/06/the-corporate-offices-and-information-technology-companies-as-shops/): By Aniruddh A. Shastree A Discussion on limits and extent of ‘shop’ with reference to the Maharashtra Shops and Establishments Act, 1948 The Maharashtra Shops and Establishments Act, 1948, is a legislation to regulate the conditions of work in shops and commercial establishments and has been in force in the State of Maharashtra since last […]
- [Genocide in Rwanda](https://lawzmagazine.com/2015/06/genocide-in-rwanda/): By Anoop Bose On 7th April, 2015, India and the freedom-loving world joined millions of Rwandans to commemorate Kwibuka 21 (which means “remember”) or the 21st Commemoration of the Genocide committed against Tutsi in Rwanda in 1994. The theme for Kwibuka 21 was “Remember-Educate-Protect.” In a solemn function to mark Kwibuka 21 in Kigali, the […]
- [The Utility of the Utility Model in India](https://lawzmagazine.com/2015/06/the-utility-of-the-utility-model-in-india/): By Abhishek Kumar, Ranchi Introduction The working of the flour mill with the help of the scooter in the movie ‘3 Idiots’ is a classic example of the working of jugaad in the Indian society. The MSME sector which contributes around 45% of the manufacturing output and 40% of the total export of the country […]
- [Capital Punishment in a New Avtar](https://lawzmagazine.com/2015/06/capital-punishment-in-a-new-avtar/): By Ranjit Kapoor The legal tenet that has been inculcated in us for ages is that “One is presumed innocent till proved guilty”. But, if one were to go by ‘judgements’ handed down in recent times, it is the other way around — “One is presumed guilty till proven innocent” — to quote an old […]
- [Expanding Horizons of Consumer Protection Act, 1986](https://lawzmagazine.com/2015/06/expanding-horizons-of-consumer-protection-act-1986/): By Lokesh Bhola One of the Directive Principles enshrined in the Indian Constitution is that the State shall direct its policy towards securing that the operation of economic system does not result in the concentration of wealth and means of production to the common detriment. Towards this end, various economic and welfare legislations have been […]
- [The Law of Guardianship in India](https://lawzmagazine.com/2015/06/the-law-of-guardianship-in-india/): By Raka Chatterjee and Smita Kumari A Feminist Approach In India the first and foremost or the official guardian of a child is one’s father and not the mother and this has been very well enshrined in the laws and statutes relating to the law of guardianship in India under Hindu law. The laws governing […]
- [Copyrighting Genetic Information](https://lawzmagazine.com/2015/06/copyrighting-genetic-information/): By Priyanka Kher Science and technology continues to envelop almost every sphere of human life; it has even come to redefine the sacrosanct cycle of birth and life. The perfect example lies in the entire gamut of genetically engineered organisms and the possibilities attached therewith. In order to regulate this development, legislators and legal commentators […]
- [Independent Directors — A Critical Study](https://lawzmagazine.com/2015/05/independent-directors-a-critical-study/): By Manjunatha N G Introduction Independent Directors play a pivotal role in maintaining a transparent working environment in the corporate regime. The Companies Act, 1956 does not expressly provide for Independent Directors except Clause 49 of the listing agreement that is applicable on all listed companies which mandates the appointment of Independent Directors on the […]
- [Crimes under Nirbhaya Act, 2013](https://lawzmagazine.com/2015/05/crimes-under-nirbhaya-act-2013/): By Dr. Petikam Sailaja Introduction The Criminal Law (Amendment) Bill, 2013 commonly known as the Anti-Rape Bill came into force on Wednesday, April 3 after President Pranab Mukherjee put his signature into the Bill. Thereafter this Bill called as The Nirbhaya Act, 2013. The need for a strict law to deal with sex crimes against […]
- [Netaji Subhas Chandra Bose and the Sikhs](https://lawzmagazine.com/2015/05/netaji-subhas-chandra-bose-and-the-sikhs/): By Anoop Bose. The honorific Netaji Subhas Chandra Bose was the best Bengali friend and admirer of the Sikhs. After Bose resigned as the President of the Congress party on 29th April, 1939 and called a meeting at Sadananda Park, Kolkata, on 5th May, 1939, hundreds of Sikhs attended the meeting. Some came all the […]
- [Battening Down the Hatches — A Legal Perspective on the Response to Piracy in the Murky Waters of East Asia](https://lawzmagazine.com/2015/05/battening-down-the-hatches-a-legal-perspective-on-the-response-to-piracy-in-the-murky-waters-of-east-asia/): Author Unavailable Introduction Piracy has forever terrorized seafarers. It has always been a far greater fear than any other peril at sea, especially on the coasts of Somalia and in the Strait of Malacca. Recognizing such hardships at sea, the United Nations as well as the International Maritime Organization has formulated policies and undertaken legislation […]
- [Promotion of Scientific Temper in Society](https://lawzmagazine.com/2015/05/promotion-of-scientific-temper-in-society/): By Ashwin N. Karia A new chapter on Fundamental Duties (Article 51A) was added by an amendment to the Constitution of India. Article 51A(h) speaks about the scientific temper. It reads: “It shall be the duty of every citizen of India to develop the scientific temper, humanism and the spirit of inquiry and reform.” Importance […]
- [Titanic v Costa Concordia](https://lawzmagazine.com/2015/04/titanic-v-costa-concordia/): By Capt. A. K. Bansal On April 15, 1912, TITANIC foundered after hitting an iceberg while cruising at full speed in the North Atlantic. Out of 2,224 lives on board, 1,514 lives were lost. It was reported that RMS Californian was only a few miles away, but she did not receive Titanic’s SOS. Her radio […]
- [German Orange Book Defense — A Critical Analysis](https://lawzmagazine.com/2015/04/german-orange-book-defense-a-critical-analysis/): By Nilotpal Shyam With the advancement in technology the meaning and ambit of property widen up and hence the creation of human being involving the skill and labour was started being protected. The Intellectual Property regime and litigation is prominent in various countries of the world due to this very reason. United States is said […]
- [New Insider Trading Norms](https://lawzmagazine.com/2015/04/new-insider-trading-norms/): By Suriti Chowdhary and Shivani Vij Introduction The menace of insider trading was recognised and curbed by the SEBI (Prohibition of Insider Trading) Regulations, 1992, which came into force on 19th November, 1992. In order to bring clarity in the nature of offence, the amendment of 2002 was made by SEBI, followed by the 2008 […]
- [Master and Servant](https://lawzmagazine.com/2015/04/master-and-servant/): By Sacha Hartmann The most significant instance of vicarious liability arises in cases where the master is responsible for the actions of his servant. In such cases it is understood that the servant is acting on the master’s behalf, or at his request, and as such it is assumed that the servant has the master’s […]
- [Indo-US Relations - Nehru-Kennedy Spirit to Namobama Mantra](https://lawzmagazine.com/2015/03/indo-us-relations-nehru-kennedy-spirit-to-namobama-mantra/): By Anoop Bose INDO-US RELATIONS NEHRU-KENNEDY SPIRIT TO NAMOBAMA MANTRA T he genesis of India’s relationship with the United States took place soon after the founding of the country in 1794 when the first American President George Washington sent Benjamin Joy, his Consul- designate to Calcutta. But Washington’s move was ill timed as the then […]
- [Anti-Rape Law in India](https://lawzmagazine.com/2015/03/anti-rape-law-in-india/): By Hina Kausar & Heena Praveen The Criminal law (Amendment) Act, 2013 was an effort to castigate increasing offences of sexual nature against women in the country, especially considering the horrific Rape and murder of ‘nirbahaya’ in Nation Capital Region. The publicity of the incident and public outrage forced Government to amend the law on […]
- [Affreightment](https://lawzmagazine.com/2015/03/affreightment/): By Capt. A. K. Bansal Under Contract of AFFREIGHTMENT, shipowner gives to charterer, use of whole or part of cargo-carrying capacity of his ship for a specified voyage or voyages or for specified time, but at a price. Rights and obligations of owner and charterer depend on terms of the agreement. Laws and rules laid […]
- [Privacy of Netizens in India](https://lawzmagazine.com/2015/03/privacy-of-netizens-in-india/): By Bhumika Sharma Privacy of Netizens in India By Bhumika Sharma Source section: Relevant Today | Magazine pages: 26–29 Introduction Privacy can be understood as a right to a personal space in which one can exercise practical rationality without interference from others. Privacy has always remained a much demanded call, as a right significant for […]
- [Software Piracy](https://lawzmagazine.com/2015/03/software-piracy/): By Ajay Kashyap Undoubtedly software piracy has numerous alarming effects. It kills creativity and originality in software manufacturers, stunts the development of the software industry, deprives the programmers and others engaged in the production of original software of their just returns, robs the government of revenue and fuels the parallel economy. Several factors are responsible […]
- [Live-in-Relationships](https://lawzmagazine.com/2015/02/live-in-relationships/): By Bhumika Sharma “Live-in or marriage like relationship is neither a crime nor a sin though socially unacceptable in this country. The decision to marry or not to marry or to have a heterosexual relationship is intensely personal.” — Justice K.S. Radhakrishnan No doubt exists as to that the people in India have lived together […]
- [World Peace and Universal Understanding](https://lawzmagazine.com/2015/02/world-peace-and-universal-understanding/): By Anoop Bose World Peace and Universal Understanding The noble cause of world peace and universal understanding is extremely dear to my heart. From my early childhood, the writings and speeches of Pt. Jawaharlal Nehru have greatly influenced my thinking and in particular my views on world peace and universal understanding. In his famous Tryst […]
- [Ethical And Legal Controversies in Embryonic Stem Cell Research in Usa and Its Global Impact](https://lawzmagazine.com/2015/02/ethical-and-legal-controversies-in-embryonic-stem-cell-research-in-usa-and-its-global-impact/): By M. Paul Raj Shekar Stem Cell Research is always interesting and challenging to the scholars. The healthcare professionals, basic science researchers and the administrations across the globe have been struggling to cope up with the newly emerging diseases and the lack of medical solutions to many existing life threatening diseases like Heart vessel blocks, […]
- [Justice Delayed Is India’s 30 Million Case Judicial Backlog](https://lawzmagazine.com/2015/02/justice-delayed-is-indias-30-million-case-judicial-backlog/): Anonymously Authored Justice Delayed is India’s 30 Million Case Judicial Backlog Four years ago India’s Prime Minister, Manmohan Singh, informed the Lok Sabha (the lower house) that India had the largest backlog of cases in the world, and figures from this year estimate that as many as 30 million cases are pending. The Hindustan Times […]
- [The Quest for Justice for Women and Child](https://lawzmagazine.com/2015/02/the-quest-for-justice-for-women-and-child/): By Dr. P. Sailaja Man and woman are two halves of humanity none of the two can reach its highest creative excellence without cooperation of the other. Even in the new millennium, the status of women has not improved significantly. The world today is said to be controlled by money, power and influence. Most of […]
- [Interviewing Deepak Dhawan](https://lawzmagazine.com/2015/01/corporate-interview-deepak-dhawan/): Deepak Dhawan — Executive Director, Corporate Affairs & Law, Indian Oil Corporation Ltd. On a sunny winter afternoon, Ankita Goyal of Lawz gets him to say a few words on his favourite subject — Law. Deepak Dhawan is working with Indian Oil Corporation for last 30 years and is presently posted in Corporate Office, New […]
- [Swami Vivekananda and Gujarat](https://lawzmagazine.com/2015/01/swami-vivekananda-and-gujarat/): By Anoop Bose “Swami Vivekananda was one of those persons, who belonged to our ancient culture, knit the country together and inspired a new life into the people and awake the country from slumber. His voice was not momentary, although it was suited for the occasion, and rose from the heart of India. During the […]
- [The Coal Scam Verdict](https://lawzmagazine.com/2015/01/the-coal-scam-verdict/): By Trishala Kulkarni The allocation of coal blocks for the period 1993 to 2010 is the subject matter of this group of writ petitions filed in the nature of Public Interest Litigation, principally one by Manohar Lal Sharma and the other by the Common Cause. Grounds raised against the allocation The first of these writ […]
- [Corporate Financing through establishment of Islamic financial institutions in India](https://lawzmagazine.com/2015/01/corporate-financing-through-establishment-of-islamic-financial-institutions-in-india/): By Rajat Mittal Islamic Finance: The Pull of the Mainstream Charging and paying of interest dominate the global financial market. Banking and financing in the conventional system is a virtual impossibility without interest because the incentive to invest or borrow money is generally driven by the potential profit or loss in the form of interest. […]
- [Victimisation of the Elderly](https://lawzmagazine.com/2015/01/victimisation-of-the-elderly/): By Udai Khanna On 6th June, 2013, almost all national dailies in India carried a headline to the tune that “Chained by sons, 93-year-old forced to live on terrace of his own house”. The act, despised by all, made it to news channel debates, but finally ended in rock bottom. What the 93 year old […]
- [The Patent (Amendment) Act, 2005 — India’s New Patent Regime](https://lawzmagazine.com/2014/12/the-patent-amendment-act-2005-indias-new-patent-regime/): By Manjunatha N G Patent refers to “a government authority to an individual or organization conferring a right or title, especially the sole right to make or use or sell some invention. It is a monopoly or elite right granted by State in errand of an inventor in reverence of an invention. It refers to […]
- [Sardar Patel – The Great Captain with a mind of Steel and Vision](https://lawzmagazine.com/2014/12/sardar-patel-the-great-captain-with-a-mind-of-steel-and-vision/): By Anoop Bose On 15th December, 1950 at 9.37 a. m., Bharat Ratna Sardar Vallabhbhai Jhaverbhai Patel breathed his last after a massive cardiac arrest within the palatial confines of the iconic Birla House in Mumbai. The “Iron Man of India” or “Bismarck of India”, who was one of the principal architects of the Republic […]
- [“Promise” made not by Debtor but by a “Third Person” to pay a “Time Barred Debt”](https://lawzmagazine.com/2014/12/promise-made-not-by-debtor-but-by-a-third-person-to-pay-a-time-barred-debt/): By C.S. Raghu Raman The facts placed before Lord Justice P. K. Misra in Dilip Chandra were really interesting. Plaintiff-Bank submitted that Respondent-Defendant’s mother had an overdraft with the bank and that after her death, the defendant had paid Rs. 500 to the bank and also gave a letter dt. 29-12-1981 to the bank that […]
- [The Rights of the Schedule Tribes vis-a-vis Forest Laws](https://lawzmagazine.com/2014/12/the-rights-of-the-schedule-tribes-vis-a-vis-forest-laws/): By Dr. Sailaja Petikam Tribe is a social gathering of a typical type of people having vast differentiations with the rural and urban people. Tribes in the traditional sense are backward people who live aloof from the rest of people. Lewies Gillin and Phillip Gillin have said “Tribe is a group of local communities living […]
- [Environmental Rights and Judicial Response In India](https://lawzmagazine.com/2014/12/environmental-rights-and-judicial-response-in-india/): By Bhumika Sharma & Vibhanshu Thakur In modern India, Environmental Jurisprudence has gone a long way in acquiring a very seminal importance leaving behind the engraved British Juristic notions as out dated and insufficient. There are Vedic invocations which declare that the earth is our mother and we are its children. Truly speaking, it is […]
- [The Impact of Mediation on India](https://lawzmagazine.com/2014/11/the-impact-of-mediation-on-india/): By Shashank Tyagi Resources are spent in achieving personal vendetta’s, time is wasted, and most of all, the judiciary becomes burdened with frivolous lawsuits. It is worth considering the possibility of mandatory mediation so as to discourage such lawsuits. Clash of ego’s also have some emotions behind them and mediation uses the power of empathy […]
- [Freedom of Press in India](https://lawzmagazine.com/2014/11/freedom-of-press-in-india/): By Shashank Tyagi The press which is called media nowadays obtains its powers from the Constitution. Freedom of speech and expression is an integral part of democracy. A democratic country in the world cannot deny freedom of speech and expression. If we focus on the Indian Constitution, Article 19(1)(a) is freedom of speech and expression […]
- [Surrogacy — An Artificial Way of Procreation](https://lawzmagazine.com/2014/11/surrogacy-an-artificial-way-of-procreation/): By Manjunatha N G Parenthood in the postmodern era has become an integral pillar of most relationships. This is because the main motto of the present society is survival and continuing the generations. Surrogacy is in a way a boon for infertile couples to procreate. Surrogacy is an arrangement between a woman and a couple […]
- [Legislative Control on Misleading Advertisements](https://lawzmagazine.com/2014/11/legislative-control-on-misleading-advertisements/): By Dr. Sailaja Petikam Since advertisements are basically meant to promote a product or a service one does see some exaggeration in the way they extol the virtues of the product. But when it goes beyond that and deliberately utters a falsehood or tries to misrepresent facts thereby misleading the consumer, then it becomes objectionable. […]
- [Legal Aid — A Myth or Reality](https://lawzmagazine.com/2014/11/legal-aid-a-myth-or-reality/): By Ritesh Thusu & Twinky Rampal “To no one will we sell, to no one will we refuse or delay, right or Justice.” — King John Providing equal justice under the law is one of India’s widely declared principles albeit one of the most widely contravened principles, too. Promotion of justice through equal opportunity and […]
- [Cyber Law in India](https://lawzmagazine.com/2014/10/cyber-law-in-india/): By Pavan Duggal In India, there has been a lot of controversy over Section 66A of the Indian Cyber law, being the amended Indian Information Technology Act, 2000, on different occasions. In Professor Ambikesh Mahapatra case, Professor Ambikesh Mahapatra was arrested on account of forwarding of caricature/cartoons on Facebook. Further, Ravi Srinivasan Twitter case showed […]
- [An Era of Mafia-Ism](https://lawzmagazine.com/2014/10/an-era-of-mafia-ism/): By Rishabh Shrivastava “There is enormous and large scale multi-state illegal mining of iron ore and manganese ore running into thousands of crores every year, having several pernicious and evil effects on the national economy, good governance, public functionaries, bureaucracy, public order, law and order. It has encouraged huge corruption at all different levels in […]
- [Alternative Dispute Resolution in the Criminal Justice System](https://lawzmagazine.com/2014/10/alternative-dispute-resolution-in-the-criminal-justice-system/): By Mohammed Bengali and Nikunj Rana While the prime objective of the judiciary is to safeguard the rights and duties of the citizens and deliver unbiased justice, the ever increasing population and the unprecedented rise in conflicts and crime has disabled them to perform up to their optimum level. The criminal judicial systems of the […]
- [The Removal of a Judge — Theory & Practice](https://lawzmagazine.com/2014/10/the-removal-of-a-judge-theory-practice/): By Manjunatha N G The Constitution of India accords the Judiciary a very dignified and crucial position. The Indian Judicial machinery consists of the Supreme Court as the apex court, the High Courts and the lower courts together constituting a single, unified judiciary and not a dual system of courts as in the U.S.A., thus […]
- [Jurisprudence Of Feminism in Law Schools](https://lawzmagazine.com/2014/10/jurisprudence-of-feminism-in-law-schools/): By Supriya Yadav The current essay is an attempt to analyse whether by incorporating feminist jurisprudence, as a separate and compulsory subject in law schools would lead to internalization of a gender just society. With the introduction of study of feminist jurisprudence in the curriculum an active change can be foreseen in a society, which […]
- [Unfair Laws Against Men — An Analysis](https://lawzmagazine.com/2014/10/unfair-laws-against-men-an-analysis/): By Dr. Sailaja Petikam In India where marriage is the union between man and woman to get social status in the society and marriage is nothing but procreation and caring of the child. According to Westmark, marriage has been often like an institution made by itself. As there is increase in number of marriages every […]
- [Safe Port Safe Berth](https://lawzmagazine.com/2014/06/safe-port-safe-berth/): By Capt. A.K. Bansal 120,000 DWT bulk carriers on time charter arrived at nominated port in North Japan in December. When weather deteriorated, strong northerly winds caused her to range against the quay on heavy swell. One fender unit failed and disintegrated. Constant ranging against the unprotected section of the wharf, with continued pressure from […]
- [Examination of Witnesses](https://lawzmagazine.com/2014/06/examination-of-witnesses/): By Richa Tomar and Suneet Kumar Dwivedi The adversary system of trial which has been adopted in India is founded on the basis of two vital principles, firstly, that the burden of proof lies on the prosecution to prove the guilt of the accused and secondly, that the accused is presumed to be innocent until […]
- [Hedge Funds](https://lawzmagazine.com/2014/06/hedge-funds/): By Shashank Tyagi There is no exact definition to the term “Hedge Fund”. There is neither an industry-wide definition nor a universal meaning for “Hedge Fund”. Generally, hedge funds include fund of funds, private investment partnerships, funds or pools that may invest and trade in many different markets, strategies and instruments such as securities, non-securities […]
- [Domestic Violence Act](https://lawzmagazine.com/2014/06/domestic-violence-act/): For long, the female sex has suffered at the hands of men; the exploitation ranges from physical to intangible abuse like mental and psychological torture. Women have always been treated as a child-bearing machine. Domestic violence is one of the gravest and the most pervasive Human Rights violation. For too long now, women have accepted […]
- [Bio-Fuels in the Indian Aviation Industry](https://lawzmagazine.com/2014/06/bio-fuels-in-the-indian-aviation-industry/): By Utkarsh Bhatnagar Bio-fuel development in India centers mainly around the cultivation and processing of Jatropha plant seeds which are very rich in oil (40%). The drivers for this are historic, functional, economic, environmental, moral and political. Jatropha oil has been used in India for several decades as biodiesel for the diesel fuel requirements of […]
- [Justification Of Death Sentence](https://lawzmagazine.com/2014/05/justification-of-death-sentence/): By Archit Rajpal, Chanakya National Law University, Patna Ever since man started to live in colonies and evolved the theory of society, the concept of ‘sanction’ took birth which ensured control over the behaviour of man and thus protected interest of the society atlarge. Sanction is defined as a ‘consideration operating to enforce obedience to […]
- [Four Pillars of International Maritime Law](https://lawzmagazine.com/2014/05/four-pillars-of-international-maritime-law/): By Capt. A.K. Bansal Here is the corrected text with the scanning errors, OCR glitches, and broken formatting cleaned up while keeping edits to an absolute minimum: Law of Sovereignty of Nations, Law of Freedom of the High Seas, Law of Freedom of Contract, and Legal Personality of a Ship are the four cardinal principles […]
- [Termination Of Pregnancy Due To Rape of a Woman](https://lawzmagazine.com/2014/05/termination-of-pregnancy-due-to-rape-of-a-woman/): By C.S. Raghuraman, Legal Advisor, Hyderabad Medical Termination of Pregnancy Act, 1971 (Known as ‘The MTP Act) in Indian Law which declares that ‘Where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental […]
- [Wetlands - Out on a Legal Limb](https://lawzmagazine.com/2014/05/wetlands-out-on-a-legal-limb/): By Belinda Wright, Executive Director, Wildlife Protection Society of India Wetlands play a vital role in sustaining the environment, yet little is generally known about them and they are not adequately protected by the law. They are one of the most highly productive ecosystems on earth and the life support system for everyone who lives […]
- [Right To Self Determination as International Rule of Law - Reality or Myth](https://lawzmagazine.com/2014/05/right-to-self-determination-as-international-rule-of-law-reality-or-myth/): By Wasiq Abass The preamble of the UNDHR (1948) states that, “It is essential, if man is not to be compelled to have recourse as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law”. principle that no one is above the law. The rule […]
- [Maritime Lien](https://lawzmagazine.com/2014/04/maritime-lien/): By Capt. A. K. Bansal In common law, a lien is right of creditor to retain properties of his debtor until the debt is paid. Maritime lien is a privileged claim on a ship for services rendered to her, or injuries caused by her. It is a proprietary lien on the “res” which is the […]
- [Judicial Appointments Commission](https://lawzmagazine.com/2014/04/judicial-appointments-commission/): By Rommel Khan and Harsh Anand With the introduction of the Judicial Appointment Commission, the Executive seems to have paced ahead of the Judiciary in their prolonged supremacy in appointing Judges of the High Courts and the Supreme Court. With the judgement in the last of the three Judges’ case the executive seemed to have […]
- [Conciliation — A Unique Mode to Settle the Disputes](https://lawzmagazine.com/2014/04/conciliation-a-unique-mode-to-settle-the-disputes/): By Suresh Kumar, Assistant Professor, Himcapes School of Law, UNA (H.P.) Discourage litigation persuade your neighbour to compromise whenever you can. Point out to them how the normal winner is often a loser in fee, expenses, cost and time. — Abraham Lincoln The word ‘conciliation’ is derived from the Latin word ‘conciliate’, which means to […]
- [Marriage vs. Living Together](https://lawzmagazine.com/2014/04/marriage-vs-living-together/): By Anoop Bose Bernard Shaw once said that more nonsense has been uttered on the subject of marriage than on any other topic. Yet here I am, sticking my neck out to defend this institution at a time when living together is steadily becoming a truly global phenomenon, striking at the very roots of marriage. […]
- [International Comity — As a Doctrine of Conflict of Laws](https://lawzmagazine.com/2014/04/international-comity-as-a-doctrine-of-conflict-of-laws/): By Aakash Saxena International Comity It is a general rule that a sovereign has to follow its own rules and cannot go beyond what its laws are. But the rise of the concept of nation-state and, as a result of the nation-state concept, commercial and trading activities started between nations and this fragmentation brought about […]
- [Force Majeure](https://lawzmagazine.com/2014/03/force-majeure/): By Capt. A. K. Bansal Term ‘Force Majeure’ refers to an irresistible force or an unforeseen event beyond the control of a party, making it materially impossible to fulfill a contractual obligation. It may be an overpowering force by itself, which prevents fulfillment of a contract and does not allow it to be performed the […]
- [Judicial Lawmaking](https://lawzmagazine.com/2014/03/judicial-lawmaking/): By Richa Pandit The role of the judge in creating law in the process of adjudication is a subject of debate. According to Justice Cardozo “the theory of the older writers was that judge did not legislate at all. A pre-existing rule was there, imbedded, if concealed, in the body of customary law. All that […]
- [Right To Legal Aid](https://lawzmagazine.com/2014/03/right-to-legal-aid/): By Nitin Lasta Law does not reside in vacuum. Its roots are there in the society. It is an established presumption that only change is constant and the society is not an exception to it. Law changes as the opinions, desires, interest and requirements of the people changes. Modern civilized States remain at its toes […]
- [Interviewing Abhijit Paul](https://lawzmagazine.com/2014/03/corporate-interview-abhijit-paul/): Abhijit Paul has done his LL.B. from Calcutta University in the year 2006. He has also done Company Secretary (Intermediate). In addition, he is a Qualified Tax Returns Preparer (TRP) and Service Tax Return Preparer (STRP) as prescribed by the Ministry of Finance (Department of Revenue). He was ranked 78 in West Bengal Judicial Service […]
- [Interesting Changes in US Patent Laws](https://lawzmagazine.com/2014/03/interesting-changes-in-us-patent-laws/): By Varun Singh Ahuja Necessity being the mother of invention, patent laws in the US have been evolving to meet the needs of changing situations in a world grown unimaginably competitive and keeping in view the dual purposes of protecting invention from plagiarism and encouraging innovation by not overdoing the patent regime. Patents typically reward […]
- [The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Bill, 2012](https://lawzmagazine.com/2014/02/the-right-to-fair-compensation-and-transparency-in-land-acquisition-rehabilitation-and-resettlement-bill-2012/): By Dr. P. Sailaja The Government of India claims there is heightened public concern on land acquisition issues in India. Of particular concern is that despite many amendments, over the years, to India’s Land Acquisition Act of 1894, there is an absence of a cohesive national law that addresses: L fair compensation when private land […]
- [Sexual Harassment At Workplace — Hushed And Unheard Violence](https://lawzmagazine.com/2014/02/sexual-harassment-at-workplace-hushed-and-unheard-violence/): By Piyali Sengupta Sexual harassment is a serious problem and the Sexual Harassment at Workplace (Prevention, Prohibition and redressal) Act, 2018 marks an important step in recognizing a concern that affects most women. SSexual harassment at the work place is rampant but no one talks about it. In India, @ woman is sexually harassed every […]
- [Death Penalty In India — Developments](https://lawzmagazine.com/2014/02/death-penalty-in-india-developments/): By Richa Tomar and Suneet Kumar Dwivedi The ‘death penalty’ means the punishment of death which goes with the taking of life of an accused person in execution of a court order. It is a common law principle of criminal punishment, and not divine retribution or The law of karma. DEATH PENALTY IN INDIA DEVELOPMENTS […]
- [Flag Of Convenience](https://lawzmagazine.com/2014/02/flag-of-convenience/): By Capt. A.K. Bansal International Maritime Law requires that every merchant ship be registered in a country called its flag state. Once registered, she operates under its laws in her home country and on the high seas. Term flag of convenience means registering a merchant ship in a sovereign state different from that of her […]
- [Interviewing Sunil Kumar Arora](https://lawzmagazine.com/2014/02/interview-sunil-kumar-arora/): By LawZ Bureau Sunil Kumar Arora is B.Com; MBA; CS (Inter) and Diploma in Taxation. He has about 18 years of vast experience in Debt Resolution Recovery field besides having vast practical experience in Corporate matters. He was instrumental for large volume of recoveries for many big Corporates, Banks in India and abroad. He has […]
- [Public Policy In Confessions Made In Police Custody](https://lawzmagazine.com/2014/02/public-policy-in-confessions-made-in-police-custody/): By Bhoomika Verma PUBLIC POLICY IN CONFESSIONS MADE IN POLICE CUSTODY Any suspect in a crime has to be looked upon with great suspicion by the police but this must fulfill a prerequisite, in public interest that the accused should be voluntarily met to accept his guilt or wrongful conduct. This is the objectivity with […]
- [Consumer Protection Act, 1986 — Time For A Change](https://lawzmagazine.com/2014/01/consumer-protection-act-1986-time-for-a-change/): By Avneesh Kumar and Pinkeshwar Gangwar Today in this age of privatization and globalization consumer is at the centre of every economy. Different multinational and national companies try to attract the consumers through different methods as like advertisement, discount policies, and many other ways. But, as we know that the main motive of different companies […]
- [Capital Punishment](https://lawzmagazine.com/2014/01/capital-punishment/): By Karan Dhall and Anmol Jassal “The least offences deserve death, and I can impose no worse for higher crimes” — Draco, The first Compiler of the Penal Code of Greece The abovementioned quote can quite easily imply that where exactly the phrase “Draconian Laws and Methods” originated. Barbarism has always been the root of […]
- [Labour And Employment Laws Of India](https://lawzmagazine.com/2014/01/labour-and-employment-laws-of-india/): By Bhupender Jodhta The law relating to labour and employment in India is primarily known under the broad category of “Industrial Law”. Industrial law in this country is of recent vintage and has developed in respect to the vastly increased awakening of the workers of their rights, particularly after the advent of Independence. Industrial relations […]
- [Interviewing CS Ashok Jain](https://lawzmagazine.com/2014/01/interview-cs-ashok-jain/): By LawZ Bureau Ashok Jain completed the course in Company secretaryship in the year 1987 and he also did his LLB. After qualifying, he opted not to go in for solo practice and joined Ernest and Young in the year 1983 as Audit Manager. He continued with E&Y till the year 1995. In 1995, he […]
- [NOTA: A Judicial Catalyst For Electoral Reform In India](https://lawzmagazine.com/2014/01/nota-a-judicial-catalyst-for-electoral-reform-in-india/): By Shivali Mishra India is the largest democracy of the world and the essence of this democracy is the free and fair election. People have the right to choose their representatives and now with the judgment given by the Supreme Court the citizen also have the right to reject the candidates by pressing NOTA i.e. […]
- [Legal Way Of Seeking Information — A Safety Valve](https://lawzmagazine.com/2014/01/legal-way-of-seeking-information-a-safety-valve/): By Pearl Kumar Communication is at the heart of all social intercourse. The success and essence of democracy lies with the satisfaction of the governed. Information would only catalyze the process. Moreover, the clouds of darkness which usually prevail over government policies and operation only create doubt and lack of faith in the government, and […]
- [The Swayamwar Copyright Judgement](https://lawzmagazine.com/2003/12/the-swayamwar-copyright-judgement/): BY JUSTICE VIJENDER JAIN. The Swayamwar Copyright Judgement Copyright law, as generally understood, is in essence concerned with the negative right of preventing the copying of physical material existing in the field of literature and art. Its object is to protect the writer and artist from the unlawful reproduction of his material. In an interesting […]
- [Interviewing Y. P. Narula](https://lawzmagazine.com/2003/12/interviewing-y-p-narula/): BY LAWZ BUREAU. “Law No Longer Is a Profession. It Has Become Commercial.” From the very beginning, Mr. Narula wanted to become a lawyer. He never thought of any other profession, even while he was a student. After completing his graduation he did his law and has since then been in practise. At a young […]
- [Rights of Second Wives](https://lawzmagazine.com/2003/12/rights-of-second-wives/): BY MONIKA KHURANA. Introduction Engaging in a second marriage when the first marriage has not been dissolved is illegal in India and the relationship arising from the same does not have any validity. Even though the law is very clear on this point, second marriage in some sections is still a common practice in the […]
- [Best Bakery Case](https://lawzmagazine.com/2003/10/best-bakery-case/): The incident involved the gruesome killing of 14 people when the Best Bakery, in the Hanuman Tekri area of Vadodara, was attacked by a large mob. Important Aspects of the Case This case is first case of its kind to be tried by the courts, specially set up to try cases of violence during the […]
- [Laws and Logic](https://lawzmagazine.com/2003/10/laws-and-logic/): Laws and logic are interwoven in legal thinking and reasoning. Plato (429-347 BC) was a renowned philosopher and disciple of Socrates (469-399 BC), a distinguished Greek philosopher and the master of Aristotle (384-322 BC), who was the most famous of all the Greek philosophers. Plato wrote the classics The Republic and Law which are his […]
- [Interviewing Parag Tripathi](https://lawzmagazine.com/2003/10/interviewing-parag-tripathi/): BY LAWZ BUREAU. “Foreign Law Firms Would Bring International Professional Culture” After completing his law and Economics (Hons.) from Delhi University, Parag Tripathi got admission in the Harvard School of Law for his Masters in Law. But he had no intention of staying there as he wanted to come back to India and start his […]
- [Indian Labour Laws Still Need Fixing](https://lawzmagazine.com/2003/10/indian-labour-laws-still-need-fixing/): Ever since the formalization of the industrial sector, the working class has been at the receiving end of the ill treatment meted out to them by their employers. Their illiteracy further added to the systematic exploitation and discrimination at the hands of the employers, for whom profits took precedence over everything else, including the health […]
- [The Pardon Power](https://lawzmagazine.com/2003/09/the-pardon-power/): The laws of every country provide a process for forgiving individuals found to be victims of what Hamilton, in Federalist Paper No. 74, calls ‘unfortunate guilt’. Pardon or clemency can be used to achieve justice by individualizing sentences and remitting undeserved punishment. It rests on a vision of human nature that is fundamentally less pessimistic, […]
- [Interviewing Neeraj Kishan Kaul](https://lawzmagazine.com/2003/09/interviewing-neeraj-kishan-kaul/): BY LAWZ BUREAU. “there is no easy money in litigation“ Despite coming from a legal background and studying abroad, Neeraj Kishan Kaul had to start his legal career like any other fresher. Belonging to a family of known lawyers, Mr. Kaul always wanted to be an arguing counsel. After completing his studies in the late […]
- [The New Age Law Firms](https://lawzmagazine.com/2003/09/the-new-age-law-firms/): INTRODUCTION Changes in society, the speed at which transactions are done in this era of modern communication, as well as the growing internationalisation of the practice of the legal profession, have already led to change and will lead to further changes. This is what is affecting the legal industry. The lawyers profession is no-longer just […]
- [Uniform Civil Code: Masked Intentions](https://lawzmagazine.com/2017/04/uniform-civil-code-masked-intentions/): By Hamda Akhtarul Arfeen Uniform Civil Code (UCC) is mentioned in Article 44 of the Indian Constitution under the Directive Principles of State Policy (DPSP). The issue of Uniform Civil Code has been ignited by the question of the legality of Triple Talaq under Muslim Personal Law. The Britishers framed the personal laws of India […]
- [Unspoken and Regrettable Events in Judiciary](https://lawzmagazine.com/2017/04/unspoken-and-regrettable-events-in-judiciary/): By Sunkian Porwal The independence of the judiciary is granted by the Constitution to protect the rights of the citizens, but regrettably nowadays it is shielding the rights of the judges. One should not make fun of the judiciary, but what can we do when officers of Court act like a satirist. In this article […]
- [Ramjas Clash: Not As Plain As It Seems](https://lawzmagazine.com/2017/04/ramjas-clash-not-as-plain-as-it-seems/): By Bharti Garg Stephen G. Tallentyre had once remarked, “I disapprove of what you say, but I will defend to death your right to say.” This is what a healthy democracy predicates — ‘a marketplace allowing free trade of ideas where the best of truth is the power of thought to get itself accepted in […]
- [Recovery of Dues by Banks under SARFAESI Act, 2002](https://lawzmagazine.com/2017/03/recovery-of-dues-by-banks-under-sarfaesi-act-2002/): By Dr. Sailaja Petikam Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest, 2002 (SARFAESI Act, 2002) has created a new legal framework, new concepts about security and new procedures for recovery of dues by banks and financial institutions. This Act extends to the whole of India including the State of Jammu & […]
- [Refugee Law in India: Need of the Hour](https://lawzmagazine.com/2017/03/refugee-law-in-india-need-of-the-hour/): By Pulak Chugh “No one leaves home unless / Home is the mouth of a shark / You only run for the border / When you see the whole city running as well.” — Warsan Shire Donald Trump, 45th President of the United States, recently ordered a four-month suspension of America’s refugee programme which has […]
- [Traditional Practices v/s Animal Rights](https://lawzmagazine.com/2017/03/traditional-practices-v-s-animal-rights/): By Dr. K. Rajani Kumari In the recent past, the Supreme Court upheld the rights of animals and birds to lead a life of “intrinsic worth, honour and dignity”, even at the cost of traditional faith and practices of human beings. In the wake of the Supreme Court judgment, the present paper throws some light […]
- [Criminal Liability of Corporations](https://lawzmagazine.com/2017/03/criminal-liability-of-corporations/): By Ankit Kumar Nowadays, it is a well established fact that corporations cannot escape liability for offences on the ground that they have neither body nor soul and cannot possess any mental state. Corporations have their own identity, they have separate legal personality and they are different from their members, and this is sufficient to […]
- [Sting Operations: An Invasion of Right to Privacy](https://lawzmagazine.com/2017/02/sting-operations-an-invasion-of-right-to-privacy/): By Shalini Tyagi In society today sting operations have become the order of the day. A sting operation is a well-planned scheme used by law enforcement agencies to entrap a criminal. It usually involves a lot of undercover work. Satellite, remote-control cameras and high-fidelity sound equipment that can pick up conversations in a room from […]
- [Online Intermediaries: Rationale and Aspects of Liability](https://lawzmagazine.com/2017/02/online-intermediaries-rationale-and-aspects-of-liability/): By Bhumika Sharma & Poonam Pant All online communication passes through an intermediary of some sort, whether it is an Internet Service Provider (ISP), such as Comcast, or a platform, such as Google or Facebook. Governments have a number of choices for how to treat online intermediaries. They can go after the intermediary directly by […]
- [Child Labour](https://lawzmagazine.com/2017/02/child-labour/): By Kauser Hussain & Srishti Singh The fighting against child labor in the world continues to be a daunting challenge. We know today that with the political will, the resources and the right policy choices we can definitely put an end to this scourge in the lives of so many families worldwide. Child Labor: Challenges […]
- [Laws to Protect the Consumer’s Interest](https://lawzmagazine.com/2017/01/laws-to-protect-the-consumers-interest/): By Ambuj Sharma & Pradip Kumar Kashyap Consumer awareness about legitimate rights has been constantly growing in recent years. The consumer-protection movement is part of global recognition and concern that consumers are a weak party in buying goods and services compared to manufacturers and traders producing and selling them. Ideally, a market economy where firms […]
- [P2P File Sharing under Indian Copyright Law](https://lawzmagazine.com/2017/01/p2p-file-sharing-under-indian-copyright-law/): By Akash Vishvakarma It is an intriguing truth that copyright law is intertwined with online file-sharing technologies and both share an immense relationship, whether for better or worse. An early scrimmage between the U.S. Government and file-sharing technologies such as Napster (1999), FastTrack/Kazaa, WinMX, LimeWire and BitTorrent yielded a lesson to P2P developers about the […]
- [China's Accession Protocol to the WTO - Implications on Price Comparability and Antidumping Investigations](https://lawzmagazine.com/2017/01/chinas-accession-protocol-to-the-wto-implications-on-price-comparability-and-antidumping-investigations/): By Srishti Bose There has been worldwide conjecture regarding China’s attainment of Market Economy Status (MES) for trade purposes post-December 11, 2016, when its interim Non-Market Economy (NME) status expires as per the Chinese Accession Protocol (CAP) to the WTO. MES has a conditional relationship with price comparability and antidumping (AD) investigations among WTO members. […]
- [FDI in E-Commerce - Issues and Concerns of Consumers in India](https://lawzmagazine.com/2017/01/fdi-in-e-commerce-issues-and-concerns-of-consumers-in-india/): By Mahesh Chinnikar Rudolf von Ihering, a German jurist, said in the 19th century that while states were fighting with one another, trade found and levelled the roads that lead from one nation to another and established a relation of exchange of goods and ideas. This statement is aptly relevant and true even today, with […]
- [Protection under Copyright Law in India](https://lawzmagazine.com/2017/01/protection-under-copyright-law-in-india/): By Dr. Shipra Gupta Copyright is a form of intellectual property protection granted under Indian law to the creators of original works of authorship such as literary works (including computer programs, tables and compilations including computer databases which may be expressed in words, codes, schemes or in any other form, including a machine-readable medium), dramatic, […]
- [Giant Leaps for Nanotechnology Commercialisation - The IPR Issue](https://lawzmagazine.com/2016/12/giant-leaps-for-nanotechnology-commercialisation-the-ipr-issue/): By Aishwarya Dhakarey There is an unanswered question that demands discussion and a foray into the field of nanotechnology: whether the Indian IPR regime is adequately equipped to handle nanotechnology, in terms of both law and infrastructure to execute and implement the laws themselves. Another question is whether the regime strikes a fine balance between […]
- [Freedom of Speech and Expression and Defamation](https://lawzmagazine.com/2016/12/freedom-of-speech-and-expression-and-defamation/): By Kush Kafra Free speech, which is guaranteed by Article 19(1)(a) and made subject to certain limitations in Article 19(2), is essential to a democracy, for democracy is fundamentally based on free debate and open discussion. A citizen has the right to exercise free speech in a democracy by discerning information and eventually making a […]
- [Provisions for Victims of Sexual Offences under Code of Criminal Procedure, 1973](https://lawzmagazine.com/2016/12/provisions-for-victims-of-sexual-offences-under-code-of-criminal-procedure-1973/): By Apoorva Tomar “Victimology, a burgeoning branch of humane criminal justice, must find fulfillment, not through barbarity but by compulsory recoupment by the wrong-doer of the damage inflicted, not by giving more pain to the offender but by lessening the loss of the forlorn.” Victimology emerged as a new branch of criminal law in the […]
- [Children in Conflict with Law](https://lawzmagazine.com/2016/12/children-in-conflict-with-law/): By Dr. Sailaja Petikam The Juvenile Justice (Care and Protection of Children) Act was enacted in the year 2000 to provide for the protection of children. The Act was amended twice in 2006 and 2011 to address gaps in its implementation and make the law more child-friendly. During the course of implementation of the Act, […]
- [The Dynamic Law on Adultery](https://lawzmagazine.com/2016/12/the-dynamic-law-on-adultery/): By Tanya Arora The word adultery in its general understanding means when a pure substance is adulterated or made impure by contamination. Its usage in the legal sense is not too different. Adultery means when a pure and honest relationship between husband and wife is contaminated or adulterated by an extra-marital affair, making the said […]
- [Indo-Irish Relations – A Tale of Two Natural Allies](https://lawzmagazine.com/2016/11/indo-irish-relations-a-tale-of-two-natural-allies/): By Anoop Bose, Advocate, Supreme Court of India The prodigious British Prime Minister Sir Winston Leonard Spencer-Churchill, once remarked, on a veiled laudatory note, ‘We have always found the Irish a bit odd. They refuse to be English!’ I have always been an indefatigable admirer and protagonist of Ireland, the warm, wider and wonderful country […]
- [Should Capital Punishment Be Abolished?](https://lawzmagazine.com/2016/11/should-capital-punishment-be-abolished/): By Ishan Agarwal Years ago, when human civilization was still evolving, man did only what was beneficial for him, or at best what was beneficial for his family, his tribe or his clan. However, now after centuries of so-called progress, mankind has been burdened with an added social responsibility, to care not only for himself […]
- [Cross Voting](https://lawzmagazine.com/2016/11/cross-voting/): By Dr. Kavita Garg Freedom of speech and expression has always been the point of contention in Indian society. This unlimited freedom has been filtering through the past several months, be it a protest against the hanging of Afzal Guru, cross voting in the Rajya Sabha election, or an objection to censor films in a […]
- [Insolvency in India – Opinion on the Insolvency and Bankruptcy Code, 2016](https://lawzmagazine.com/2016/11/insolvency-in-india-opinion-on-the-insolvency-and-bankruptcy-code-2016/): By Dr. Sailaja Petikam Recently, the Insolvency and Bankruptcy Code, 2016, the Bill was passed by Lok Sabha on 05-05-2016 (Bill No. 349-C of 2015). It is a comprehensive legislation relating to insolvency, liquidation etc., irrespective of whether insolvency relates to companies, individuals or partnership firms. At present, companies can be liquidated either voluntarily or […]
- [Obscenity: Present and Possibilities](https://lawzmagazine.com/2016/11/obscenity-present-and-possibilities/): By Mohammad Abid Hussain Ansari On 15th April, 2013, an Indore-based advocate filed a Public Interest Litigation in the Supreme Court for a ban on pornographic content available on the Internet. Acting under the government placed before the Constitution Advisory Committee the issue of pornography, to place a copy of the writ petition before it […]
- [The Tragic Death of Lal Bahadur Shastri & The Mystifying Netaji Subhash Chandra Bose Angle](https://lawzmagazine.com/2016/10/the-tragic-death-of-lal-bahadur-shastri-the-mystifying-netaji-subhash-chandra-bose-angle/): By Anoop Bose. The 11th of January 1966 was one of the darkest days in India’s chequered history. Barely one and a half years after taking over as the second Prime Minister of India, Lal Bahadur Shastri died in Tashkent in the former Soviet Union after signing the historic Tashkent Declaration with the Pakistani President […]
- [Plight of Ship Masters](https://lawzmagazine.com/2016/10/plight-of-ship-masters/): By Capt. A.K. Bansal Shipping by its very nature is international in character, concerned as it is with ships engaged in the transportation of personnel and goods from country to country. International shipping connections are a manifestation of the global economy and globalization, which have an immense impact on the way commercial shipping is conducted. […]
- [Delegated Legislation with Specific Reference to Taxation](https://lawzmagazine.com/2016/10/delegated-legislation-with-specific-reference-to-taxation/): By Deepak Vyas The power of taxation is an inherent and an essential attribute of sovereignty which primarily rests on necessity. Modern constitutions of nations recognise this power by making express provisions therein. The sovereign attribute of taxation is the authority of the sovereign to compulsorily impose burden or charges upon persons or property to […]
- [Cyber Law, an Analysis – Transboundary Cyberterrorism’s Legal Loopholes Analysed](https://lawzmagazine.com/2016/10/cyber-law-an-analysis-transboundary-cyberterrorisms-legal-loopholes-analysed/): By Mahendra Singh The involvement of cyber warfare from a theoretical possibility to an imminent threat has put a challenging task to international law experts. The cyber-attack on the servers of Sony Pictures Entertainment and cyber incursions by Pakistani hackers on the Kerala government’s website are a few such incidents. The alleged malicious North Korean […]
- [A Shop or a Factory – Tests for its Determination](https://lawzmagazine.com/2016/10/a-shop-or-a-factory-tests-for-its-determination/): By Anirudh Shastree The Maharashtra Shops and Establishments Act, 1948, is a legislation to regulate the conditions of work in shops and commercial establishments and has been in force in the State of Maharashtra for the last 57 years. The first Shops Act was enacted in the year 1939. The application of the Maharashtra Shops […]
- [Muslim Law – Need for Codification](https://lawzmagazine.com/2016/10/muslim-law-need-for-codification/): By Pranusha Kulkarni Recently, the Prime Minister’s Office referred the matter of Uniform Civil Code (hereinafter “UCC”) to the Law Commission of India, asking it to look for the feasibility of implementing the same in India. Even as Article 44 of our Constitution urges the State to endeavour to implement a UCC applicable to all […]
- [Vasili Alexandrovich Arkhipov: The Man Who Saved the World](https://lawzmagazine.com/2016/09/vasili-alexandrovich-arkhipov-the-man-who-saved-the-world/): By Anoop Bose, Advocate, Supreme Court of India The most dangerous and yet the most fortuitous day in the annals of human history! It was on that day that Vasili Alexandrovich Arkhipov, a Soviet Navy officer, single-handedly averted World War III during the height of the Cuban Missile Crisis when the United States and the […]
- [Commercial Courts - New Benches](https://lawzmagazine.com/2016/09/commercial-courts-new-benches/): By Dr. Sailaja Petikam Commercial Courts Appellate Division shall the new Act on December 31st 2015, namely The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (Act No.4 of 2016). This Act extends to the Recentlythe Presidentofindiaapproved endeavour which a Commercial Court has been vested to dispose of jurisdiction, if […]
- [Interviewing Justice Vijender Jain](https://lawzmagazine.com/2016/09/interviewing-justice-vijender-jain/): Always a rebel, and constantly in the eye of the storm, Justice Vijender Jain was the Acting Chief Justice of Delhi High Court and later was appointed as the 27th Chief Justice of Punjab and Haryana High Court. He is credited with taking suo motu cognizance in the Jessica Lal Murder Case of the decision […]
- [The Law on Stalking](https://lawzmagazine.com/2016/09/the-law-on-stalking/): By Kanishk Agarwal Some may say that if a person follows the other person wherever the person goes it can be termed as Stalking. Some might hold the view that a person trying to harass the other person by using electronic means like hacking emails, Facebook accounts, Whatsapp messages, phone calls or keeping an eye […]
- [New Forms of Corruption](https://lawzmagazine.com/2016/09/new-forms-of-corruption/): By Sudhir Deshpande On this Earth, there is enough for everyone’s need but the prime Act that deals with corruption in India. The investigation is carried out in corruption cases under the Code of Criminal Procedure, 1973. If the case if handled by the CBI then the Delhi Police Establishment Act, 1946 comes into play. […]
- [Interviewing Sarosh Zaiwalla](https://lawzmagazine.com/2016/09/interviewing-sarosh-zaiwalla/): LawZ profiles herewith, Sarosh Zaiwalla who is credited with handling more than 12000 international cases relating to Energy, Maritime and Construction. There is no doubt, that he is one of the most discussed solicitors of Indian origin in UK today. His firm Zaiwalla & Co. is ranked very high especially when it comes to litigation […]
- [The GST](https://lawzmagazine.com/2016/09/the-gst/): By Rohit Jain & Harsh Shah The proposed Goods and Services Tax (GST) is clearly the biggest and the most awaited indirect tax reform in the country. GST, as proposed, is likely to be a tax on goods and services with a comprehensive and continuous chain of set-offs from the point of production of goods/provision […]
- [The Recent Rollback of E.P.F. Reforms](https://lawzmagazine.com/2016/09/the-recent-rollback-of-e-p-f-reforms/): By Aniruddh Shastree The Employees’ Provident Fund (EPF in short) was constituted in the year 1952 through an Act for the purpose of instituting provident fund, pension and deposit linked insurance fund for employees in factories and other establishments. In construing the provisions of the Act, we have to bear in mind that it is […]
- [Alexander the Great: His Incredible Indian Campaigns, Stallion Bucephalus & Mysterious Death](https://lawzmagazine.com/2016/08/alexander-the-great-his-incredible-indian-campaigns-stallion-bucephalus-mysterious-death/): By Anoop Bose, Advocate, Supreme Court of India The legendary Macedonian King Alexander III famously known as Alexander the Great (who was educated by the titanic Greek philosopher and scientist Aristotle and slept with the venerable Greek poet Homer’s monumental epic under his pillow), who brought to its knees formidable Persian empire and was universally […]
- [Consumer Protection Bill](https://lawzmagazine.com/2016/08/consumer-protection-bill/): By Advocate Khushbu Sahu Misleading advertisements, tele-marketing, multi-level marketing, direct selling and e-tailing The proposed amendment seeks to ensure that no person engages himself in unfair trade practices or takes part in the publication of any advertisement which is false or misleading. In order to promote, protect and enforce the rights of consumers CCPA will […]
- [Efficacy and Efficiency of Proposed A.R.T. Bill, 2013](https://lawzmagazine.com/2016/08/efficacy-and-efficiency-of-proposed-a-r-t-bill-2013/): By Pradip Kashyap & Pooja B. Marriage is the age-old institution pregnant with the objective of legalization of love making and procreation of children. A married woman with a child is given more regard not only in her family but also in society. Infertility, impotency or incapacity of any partner or of a couple poses […]
- [Can Fictional Characters Be Protected](https://lawzmagazine.com/2016/08/can-fictional-characters-be-protected/): By Vikash Kumar Bhogat Fictional characters are outcome of creativity, however, neither copyright law nor trademark law grants protection to these fictional characters. Fictional characters, different from graphical characters, is a word portrait of which physical appearance and characterization reside in the minds of reader. Consequently, there is rampant exploitation of rights of owner by […]
- [Swami Vivekananda's Historic Tête-à-Tête with Jamshetji Nusserwanji Tata](https://lawzmagazine.com/2016/07/swami-vivekanandas-historic-tete-a-tete-with-jamshetji-nusserwanji-tata/): By Anoop Bose, Advocate, Supreme Court of India The day of 31st May, 1893 was a watershed landmark in India’s long and chequered history. S.S. Empress of India, a 16,992 ton luxury steamship belonging to the Canadian Pacific Steamship Company, embarked on a voyage from the Japanese port of Yokohama to the Canadian port of […]
- [Motor Vehicle Accidents and Compensations](https://lawzmagazine.com/2016/07/motor-vehicle-accidents-and-compensations/): By Dr. Sailaja Petikam The Motor Vehicle Act, 1988 makes the insurance of motor vehicle against third party risks, compulsory for the motor vehicles to be used in public places. The object of the provision is to protect the interest of a third party, who suffers by the use of the said vehicle. The insurance […]
- [Live-In Relationship](https://lawzmagazine.com/2016/07/live-in-relationship/): By Shalini Tyagi ‘The chain of wedlock is so heavy that it takes two to carry it – and sometimes three.’ – Alexandre Dumas Marriage (also called matrimony or wedlock) is a social union or legal contract between people that creates kinship. It’s an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged. […]
- [Common Cause: Six Reasons Why Now Is the Right Time for UK Lawyers to Help Transform Business Relations with India](https://lawzmagazine.com/2016/07/common-cause-six-reasons-why-now-is-the-right-time-for-uk-lawyers-to-help-transform-business-relations-with-india/): By Amarjit Singh, CEO of the India Business Group When Prime Minister of India Narendra Modi made his historic visit to the UK last November, it was hailed as one of the greatest business opportunities for a generation. The visit was significant on a number of fronts – politically, culturally and economically. During his time […]
- [Ashish Makhija and His Book “Corporate Directors”](https://lawzmagazine.com/2016/07/ashish-makhija-and-his-book-corporate-directors/): On a warm summer evening of June 2016, LawZ interviewed Ashish Makhija, on the release of his book, “Corporate Directors” published by Lexis Nexis. Ashish Makhija spoke about his life, his interests and how Corporate Law is integral to him. Being both a qualified Chartered Accountant and a practicing lawyer, gave him that special insight […]
- [Youth Involvement in Law and Policy Making](https://lawzmagazine.com/2016/06/youth-involvement-in-law-and-policy-making/): By Bhumika Sharma and Monika Thakur ‘Youth has the power to make choices. The engagement of youth in democratic governance is fundamental to the development of the country.’ National Youth Day is celebrated in India on 12 January on the birthday of Swami Vivekananda. In 1984 the Government of India declared the day as the […]
- [The Need for Labour Law Reforms](https://lawzmagazine.com/2016/06/the-need-for-labour-law-reforms/): By Mukesh Gaur The Challenges Multiplicity of laws leading to much confusion which is aggravated by ambiguous and equivocal acts and poorly framed laws. India being a democratic developing country has still remained incomplete towards the growth of the employment. The history of Indian Labour Laws is naturally concerned with the history of the British […]
- [The Moral Status of the Rule of Law](https://lawzmagazine.com/2016/06/the-moral-status-of-the-rule-of-law/): By Anirudh Gotety Lon Fuller propounded the procedural morality of law. He said that in the presence of certain characteristics in a legal system, the legal system is a morally sound regime. In the absence of even one of these characteristics known as the 8 desiderata, the legal regime fails Fuller’s test of morality. The […]
- [The New Proposed Consumer Protection Act, 2015](https://lawzmagazine.com/2016/06/the-new-proposed-consumer-protection-act-2015/): By Dr. Sailaja Petikam Consumer markets for goods and services have undergone drastic transformation since the enactment of the Consumer Protection Act, 1986. The modern market place contains a plethora of products and services. The emergence of global supply chains, rise in international trade and the rapid development of e-commerce have led to new delivery […]
- [Harnessing the Incredible Powerhouse of the Human Mind](https://lawzmagazine.com/2016/05/harnessing-the-incredible-powerhouse-of-the-human-mind/): By Anoop Bose, Advocate, Supreme Court of India When the Mughal army under Emperor Akbar’s titanic Commander Raja Kunwar Man Singh was hesitating to cross the turbulent Indus River at Attock, the legendary poet Goswami Tulsidas proclaimed: ‘Sabe bhumi Gopal ki, ya men Atak kahan / Ja ke man men Atak hai, so hi Atak […]
- [Education - Law in India](https://lawzmagazine.com/2016/05/education-law-in-india/): By Mohit Gupta India has been a major seat of learning for many years. While the country has some of the best Universities (BITS, ISB, IITs, NITs, IISc, IIMs, AIIMS) in the world, it is also dealing with challenges in its primary education and strives to reach 100% literacy. Universal compulsory primary education, with its […]
- [Religion and Jurisprudence](https://lawzmagazine.com/2016/05/religion-and-jurisprudence/): By Justice Sudhir Narain, Former Judge, Allahabad High Court; Member, Cauvery Water Disputes Tribunal, Delhi Meaning of Jurisprudence The word jurisprudence has been derived from the words ‘Juris’ and ‘Prudentia’ (Juris – Law; Prudentia – knowledge). It is knowledge of law. Jurisprudence means the science of law. When man gained a little wisdom on this […]
- [Arrest of Ships](https://lawzmagazine.com/2016/05/arrest-of-ships/): By Capt. A.K. Bansal, Master Mariner, Bar-at-Law and Arbitrator in Maritime matters Master of a well founded foreign going Merchant ship, safely alongside in a foreign port, may be surprised to be served a warrant of arrest of his ship in that port. To his knowledge his ship has not had any accident and there […]
- [Copyright Laws in India, U.K. and U.S.A](https://lawzmagazine.com/2016/05/copyright-laws-in-india-u-k-and-u-s-a/): By Aarti Sahu Copyright is a form of intellectual property right commonly granted under Indian law to the creators of original works of authorship such as literary works (including computer programs, tables and compilations including computer databases which may be expressed in words, codes, schemes or in any other form, including a machine readable medium), […]
- [Article 356 - Now No More a Dead Letter of the Constitution](https://lawzmagazine.com/2016/05/article-356-now-no-more-a-dead-letter-of-the-constitution/): By Sarvesh Kumar ShahiBy Sarvesh Kumar Shahi These words were expressed by the then Chairman of Drafting Committee, Dr. B.R. Ambedkar. The above passage indicates that Dr Ambedkar was not in high spirits at the inclusion of Article 356 of the Constitution. But, as the Chairman of the Drafting Committee he had no choice but […]
- [Indira Gandhi - A Profile in Indomitable Courage](https://lawzmagazine.com/2016/04/indira-gandhi-a-profile-in-indomitable-courage/): By Anoop Bose, Advocate, Supreme Court of India Indira Gandhi was a living, nay glowing, symbol of courage. It was Indira’s indomitable courage that helped her challenge the Old Guard in the Congress party and emerge as the undisputed leader in 1969, it was her courage that helped her to face the arrogant American President […]
- [Communism in India - A Legal Viewpoint](https://lawzmagazine.com/2016/04/communism-in-india-a-legal-viewpoint/): By Raka Chatterjee Communism is a political and economic ideology based on communal ownership and the absence of class. The term Communism was a brainchild of Karl Marx and this idea had shaken up the concept, the very roots of capitalism. The Communists divide the society into two classes, the haves and have-nots. The people […]
- [Sexual Harassment of Women at Workplace Act, 2013 - A Half Baked Move To Women's Safety At Work](https://lawzmagazine.com/2016/04/sexual-harassment-of-women-at-workplace-act-2013-a-half-baked-move-to-womens-safety-at-work/): By Khushbu Sahu It was in year 1997 that the Hon’ble Supreme Court of India, in Vishaka and Others Vs. State of Rajasthan and Others (‘Vishaka Judgment’), acknowledged the gravity of sexual harassment of the working women at the workplaces and laid down guidelines thus making it mandatory for employers to prevent the commission of […]
- [Interviewing Raju Ramachandran](https://lawzmagazine.com/2016/04/interview-raju-ramachandran/): Raju Ramachandran joined the bar in July 1976 at the chambers of M.K. Ramamurthi. He qualified as an Advocate-on-Record in the Supreme Court of India and was designated as a Senior Advocate by the Supreme Court in September, 1996 at the age of 42. He was elected as Vice-President of the Supreme Court Bar Association […]
- [Truth as a Defense to a Charge of Contempt](https://lawzmagazine.com/2016/04/truth-as-a-defense-to-a-charge-of-contempt/): By Karan Gupta Shall the Contempt of Courts Act, 1971 be amended to incorporate the rule of truth as a defense to a charge of contempt? Contempt of Courts Act, 1971 in Section 13 or Law of Contempt provides for holding a person liable for offending the authority of the courts. This could be for […]
- [Reservation Policy in India - A Serious Threat To The Nation](https://lawzmagazine.com/2016/04/reservation-policy-in-india-a-serious-threat-to-the-nation/): By Dimple Jindal 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. With the passage of time and upon demand of other communities, more castes were added time to time under this […]
- [Class Action - Law Suits](https://lawzmagazine.com/2016/04/class-action-law-suits/): By Alok Sunny The Companies Act 2013 brought in a slew of changes, the Parliament passed the new Companies Act in 2013 thereby replacing the Companies Act of 1956. With the growing complexity of modern business environment it was a long standing demand of the business community and industry that the Companies Act is in […]
- [Triple Talaq - A Tryst with Tyranny](https://lawzmagazine.com/2016/03/triple-talaq-a-tryst-with-tyranny/): By Syed Mohammad Aamir Ali Dedicated to “All those courageous and determined women who knocked at the doors of the Supreme Court and provided it an opportunity to give positive judgments on Muslim law.” “It is a popular fallacy that a Muslim male enjoys under the Quranic Law an unbridled authority to liquidate the marriage. […]
- [Repeal or Retain Section 377 IPC](https://lawzmagazine.com/2016/03/repeal-or-retain-section-377-ipc/): By Prashant Chandra, Advocate An LGBTQ person may claim under his freedom of expression a right to cross dress, which is fine as freedom of expression still allows a person to wear anything subject to decency. Homosexuality became an unnatural offence under Section 377 IPC when Lord Thomas Babington Macaulay drafted Indian Penal Code in […]
- [GST and its Advantages](https://lawzmagazine.com/2016/03/gst-and-its-advantages/): By Dr. Sailaja Petikam India currently has a dual system of taxation of goods and services, which is quite different from dual GST. Taxes on goods are described as “VAT” at both Central and State level. It has adopted a value added tax principle with an input tax credit mechanism for taxation of goods and […]
- [Interviewing Matthew Sadler](https://lawzmagazine.com/2016/03/interview-matthew-sadler-specialist-in-business-and-commercial-law/): University’s Law School and a specialist in Business and Commercial Law with a focus on the Law of Obligations, namely Contract Law & Problem Solving and Tort Law & Civil Liabilities, Matthew Sadler is very passionate about diversity in Higher Education as he feels that a wide range of individual personalities, experiences, cultures and beliefs […]
- [The English Language - Our Wonderful Erratic Tongue](https://lawzmagazine.com/2016/02/the-english-language-our-wonderful-erratic-tongue/): By Anoop Bose, Advocate, Supreme Court of India English is the most universal language in the world, employed in some way or the other by at least one out of every seven members of the human race around the globe. In 1962, the internationally acclaimed American scholar, writer and linguist Lincoln Kinnear Barnett aptly remarked […]
- [India on the Road to Become a Hub of International Commercial Arbitration](https://lawzmagazine.com/2016/02/india-on-the-road-to-become-a-hub-of-international-commercial-arbitration/): By Advocate Khushbu Sahu It is expected that the Arbitration Amendment Bill will be passed soon i.e., in the next session of the Parliament. Whether the Bill will bring about much awaited change or will it be whittled down by the rigours of parliamentary debate is yet to be seen but if the bill is […]
- [Uniform E-Way Bill System for Collection of Central Sales Tax](https://lawzmagazine.com/2016/02/uniform-e-way-bill-system-for-collection-of-central-sales-tax/): By Shivali E-commerce is the new flourishing form of trade in the country which requires subsequent changes in the existing legal regime. A waybill is a form issued by Sales Tax Department to the person who wants either to purchase goods from other states or to sale goods to dealers of other states. It is […]
- [Interviewing Sriram Chakravarthi - Senior Director, Singapore Academy of Law](https://lawzmagazine.com/2016/02/interview-sriram-chakravarthi-senior-director-singapore-academy-of-law/): The Singapore Academy of Law is the promotion and development agency for Singapore’s legal industry, with the vision of making Singapore the legal hub of Asia. The Academy aims to drive legal excellence through developing thought leadership, world class infrastructure and legal solutions. Its work focuses on building up the intellectual capital of the legal […]
- [Should the Death Penalty Be Abolished?](https://lawzmagazine.com/2016/02/should-the-death-penalty-be-abolished/): By Megha Arora The Asian Human Rights Charter clearly states that ‘all states must abolish the death penalty’. But keeping the realities in mind it goes on to add, ‘Where it exists, it may be imposed only rarely for the most serious crimes.’ The death penalty has been outlawed in most of the major democracies […]
- [National Green Tribunal - The Green Way](https://lawzmagazine.com/2016/02/national-green-tribunal-the-green-way/): By Akshara Sharma, Advocate Introduction The National Green Tribunal (NGT) was established on 18th October 2010 under the National Green Tribunal Act, 2010 for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources. It is a specialized body equipped with the necessary expertise to handle environmental […]
- [Indo British Relations — The Quantum Leap from Sir Thomas Roe to Narendra Modi](https://lawzmagazine.com/2016/01/indo-british-relations-the-quantum-leap-from-sir-thomas-roe-to-narendra-modi/): By Anoop Bose, Advocate, Supreme Court of India In 1497, the Portuguese King Manuel I commissioned the legendary explorer and navigator Vasco da Gama to lead a voyage to India to discover a viable maritime route from Western Europe to the East. On 8th July, 1497, Da Gama sailed from Lisbon aboard his flagship São […]
- [Maintenance Under Indian Legal Framework](https://lawzmagazine.com/2016/01/maintenance-under-indian-legal-framework/): By Preeti Singh The breakdown of the Joint Family system due to advancement in society through influence of western nations led to initiation of the nuclear family. The dismantling of the Joint family resulted in withdrawal of the support system which acted as a buffer to weather difficult periods during the early phase of marital […]
- [Cyber Crime Against Children — A New Threat to the Society](https://lawzmagazine.com/2016/01/cyber-crime-against-children-a-new-threat-to-the-society/): By Kauser Husain Cyber crime is the newest and the most complicated problem in the cyber world. Cyber crime is basically an illegal act in which computer is either tool or target. After the development of internet, anybody can have easy access of data and information from all over the world. But instead of taking […]
- [Right to Property in India — An Overview from Constitutional Perspective](https://lawzmagazine.com/2016/01/right-to-property-in-india-an-overview-from-constitutional-perspective/): By Shivali Bansal In India there was a demand for the removal of the fundamental right to property from Part III of the Constitution. It was argued that the retention of it as a fundamental right leaves it to the judges rather than to the Parliament to decide the quantum of compensation payable when property […]
- [Digital Push in Doctor-Patient Relationship and Legal Ramifications](https://lawzmagazine.com/2016/01/digital-push-in-doctor-patient-relationship-and-legal-ramifications/): By Sudhir Mishra and Mansi Batra With the advancement of technology, there has been an increase in the number of people in India to take help of the online health portals. Online medical consultations or telemedicine services are an ideal resource for everyone, mainly those who have limited or no health insurance or who are […]
- [Environment Laws (Amendment) Bill, 2015 — An Analysis](https://lawzmagazine.com/2016/01/environment-laws-amendment-bill-2015-an-analysis/): By Akshara Sharma, Advocate Draft Environment Laws (Amendment) Bill, 2015 was published by the Ministry of Environment, Forest and Climate Change (MoEFCC) on 7th October 2015. The Ministry has proposed the amendment to the Environment (Protection) Act, 1986 and National Green Tribunal Act, 2010. The proposed amendments are being introduced with the objective to introduce […]
- [Law and William Shakespeare](https://lawzmagazine.com/2015/12/law-and-william-shakespeare/): By Anoop Bose William Shakespeare and his character of “Portia” in his famous play “Merchant of Venice” gave to the world the much often cited phrase “extracting his pound of flesh in Shylock manner”. One would invariably hear this phrase being used in Debt Recovery Tribunal case proceedings and other recovery suits. The debtor would […]
- [Interviewing Mahabir Singh](https://lawzmagazine.com/2015/12/interview-mahabir-singh-senior-advocate/): An exclusive interview with Mahabir Singh — Senior Advocate What inspired you to take up law as a profession? “I always wanted to stand out of the crowd yet connect with the people very strongly. Law as a profession and its dynamism was in the air as ‘India’ had attained Independence and many of the […]
- [Rights of Sex Workers & Legalisation of Prostitution in India — A Critical Analysis](https://lawzmagazine.com/2015/12/rights-of-sex-workers-legalisation-of-prostitution-in-india-a-critical-analysis/): By Khusbhu Sahu Prostitution as a profession has a long existed in our country & is still dominant in modern society. The legal statute which deals with prostitution or sex work in India is the Immoral Traffic (Prevention) Act. The ITP Act came into force on 26th January 1987. The purpose of this statute is […]
- [Coalition Government and Good Governance](https://lawzmagazine.com/2015/12/coalition-government-and-good-governance/): By Karan Gupta Political obligation is a very important and determinative factor in the functioning and sustenance of a government. This concept becomes all the more important when we look at it in the context of a coalition government. India is a people’s country fraught with complexities of various kinds. India is a vast, complex […]
- [Hate Crimes — Need for Special Law](https://lawzmagazine.com/2015/12/hate-crimes-need-for-special-law/): By Shobha Ram The killing of north Indian man on a suburban train on 28.10.2008 has brought into sharp focus the issue of ‘hate crimes’ and whether we have the laws to deal with them. Though the police claim that hate was not behind Dharamdey Rai’s murder; Rai’s companions, who were also targeted by the […]
- [Understanding Right to Sleep as a Fundamental Right in India](https://lawzmagazine.com/2015/12/understanding-right-to-sleep-as-a-fundamental-right-in-india/): By Sarvesh Kumar Shabhi, Asst. Professor, Amity Law School, Lucknow The state of sleep has been described by Homer in the famous epic Iliad as “sleep is the twin of death”. Aristotle, the great Greek philosopher has said that all men are alike when asleep. Sleep is a biological and essential ingredient of the basic […]
- [NJAC Act, 2014 — Did the NJAC Act, 2014 Ensure the Independence of Judiciary](https://lawzmagazine.com/2015/11/njac-act-2014-did-the-njac-act-2014-ensure-the-independence-of-judiciary/): By Mohd. Imran The Supreme Court has recently struck down the NJAC Act 2014. The present article had however been written when the Supreme Court ruling had still not come. The article assumes significance, as the Supreme Court is inviting suggestions for refining/tweaking the Collegium System. Thus, the article would give the reader an insight […]
- [Non-Human Beings — Time to Endow with Inalienable Rights](https://lawzmagazine.com/2015/11/non-human-beings-time-to-endow-with-inalienable-rights/): By Bhumika Sharma and Dr. Jaswant Singh The basis of granting non-human beings with rights can be traced in culture, tradition, religion and ethology. The need to show compassion to all living creatures can be seen even in one of the most sacred Hindu scriptures. He is a perfect yogi who, by comparison to his […]
- [Terrorism v/s Democratic Sovereignty](https://lawzmagazine.com/2015/11/terrorism-v-s-democratic-sovereignty/): By L.K. Garg, Advocate No doubt grant or not to grant the pardon, is a sovereign function, be it in any form i.e. monarchy, democracy, or even mobocracy to which we may be heading for but for the judicial activism. This is so as these authorities are in possession of data, information and other material […]
- [Defamation](https://lawzmagazine.com/2015/11/defamation/): By Sindhu Shree The essence of the offence of defamation is consisted in its tendency to cause distress and damage to a person who knows himself to be the object of the unfavorable sentiments of his fellows, and those inconveniences to which a person who is the object of such unfavorable sentiments is exposed. The […]
- [DNA Fingerprinting and Indian Evidence Act](https://lawzmagazine.com/2015/10/dna-fingerprinting-and-indian-evidence-act/): By Abhijeet Sharma Recently the Indian Evidence (Amendment) Bill, 2003 has been proposed with the recommendation of the 185th Law Commission Report. The Bill provides for DNA statutes. DNA fingerprinting is a forensic evidence which can help identify individuals positively. DNA is the latest form of evidence for establishing identity with virtually 100 percent certainty. […]
- [Human Genome and Patent Law in India](https://lawzmagazine.com/2015/10/human-genome-and-patent-law-in-india/): By Smita Chaudhry Biotechnology is a rapidly growing field in which new products and services are developed from an increasingly complex and cumulative set of underlying technologies. The sequencing of genes, identifying their functions and mutations, creating systems to selectively express, regulating or silencing genes, predicting protein structures and expressions, mapping the influence of genetic […]
- [Use of Internet in Legal Practice](https://lawzmagazine.com/2015/10/use-of-internet-in-legal-practice/): By Prof. Harish Suryavanshi The past decade has seen a revolution in information systems, which has affected the entire business world. Legal practice is no exception. The immediate and constant flow of relevant information to the right legal users at the right time has become the backbone of legal practice. Technology has enabled legal users […]
- [India’s Maritime History](https://lawzmagazine.com/2015/10/indias-maritime-history/): By Capt. A.K. Bansal Indian Teakwood ships were stitched with coir yarn. Indians have been competent mariners for over 5 thousand years. They first sailed in primitive rafts, then on Katamarans made with logs or planks bound together with coir yarn. Such rafts are still in use along our coast. Indian maritime history began when […]
- [Factory in the Factories Act, 1948](https://lawzmagazine.com/2015/10/factory-in-the-factories-act-1948/): By Aniruddh Shastree The definition of ‘Factory’ is given in section 2(m) of the Factories Act, 1948. According to Section 2(m), the term ‘Factory’ means: (i) whereon 10 or more workers are working, or were working, on any day of the preceding 12 months, and in any part of which a manufacturing process is being […]
- [Surety’s Right to Subrogation — Prior to Payment of Amount to the Creditor](https://lawzmagazine.com/2015/09/suretys-right-to-subrogation-prior-to-payment-of-amount-to-the-creditor/): By C.S. Raghu Raman Introduction and Preliminary Context The right of a surety to seek indemnification or subrogation against the principal debtor forms a cornerstone of surety law under the Indian Contract Act, 1872. A central point of contention in jurisprudence is whether a surety can invoke these protective mechanisms prior to making an actual, […]
- [Capital Punishment — In a New Avtar, Part II](https://lawzmagazine.com/2015/09/capital-punishment-in-a-new-avtar-part-ii/): By Ranjit Kapoor “Encouraged by the season of sequels in Bollywood, I am buoyed to bring out my thoughts with possible solutions in continuation to my last article bearing the same title.” RECAP of Part I: For an entrepreneur of today, the SARFAESI Act is nothing but a “Capital Punishment in a New Avatar”. Why? […]
- [Death Penalty — India’s Take on It](https://lawzmagazine.com/2015/09/death-penalty-indias-take-on-it/): By Puranjane, Archit Rajpal The concept of awarding punishment, in other words, could be termed as ‘sanction’, an ancient concept which took birth during the time when man started living in colonies which led to the formation of society. Sanction ensured control over the behavior of man and thus protected the interests of society. Sanction […]
- [Rule of Law — A Myth in Indian Legal System](https://lawzmagazine.com/2015/09/rule-of-law-a-myth-in-indian-legal-system/): By Hindesh Pal RULE OF LAW The term ‘Rule of Law’ is an ancient term that has again found significance in the present time. Rule of Law is derived from natural law, and natural law is also the source of fundamental rights. According to St. Thomas Aquinas, natural law is “an ordinance of reason for […]
- [Lord Hartley William Shawcross – The Nuremberg Hero Extraordinaire](https://lawzmagazine.com/2026/09/lord-hartley-william-shawcross-the-nuremberg-hero-extraordinaire/): BY Anoop Bose. One of the greatest lawyers the world has ever known was Lord Hartley William Shawcross, the prodigious British barrister and politician and the lead British prosecutor at the Nuremberg War Crimes Tribunal. Shawcross was born on 4th February,1902, in Giessen, Germany. His father John Shawcross, who belonged to a miller’s family in Rochdale, Greater Manchester, was a brilliant Oxford educated linguist and a venerated professor of English literature at the iconic Giessen University. His mother Hilda was an ardent suffragette. His parents were closely related to John Bright, the radical free trade protagonist, who served in two of the British […]
- [Healthcare Services Remain Exempt Under GST Despite Delivery Through Another Hospital](https://lawzmagazine.com/2026/09/healthcare-services-remain-exempt-under-gst-despite-delivery-through-another-hospital/): Healthcare Global Enterprises Ltd. – WP No. 22236/2023 – Karnataka HC I. Introduction One of the defining features of the Goods and Services Tax regime has been the conscious decision of Parliament and the GST Council to keep essential public welfare services outside the tax net. Among these, healthcare services occupy a unique position. Unlike several exemptions that are subject to monetary thresholds or conditional compliance, healthcare services provided by specified establishments and medical professionals enjoy a broad and unconditional exemption under Notification No. 12/2017-Central Tax (Rate) dated 28 June 2017. The underlying rationale is self-evident: taxation should not increase the […]
- [FMV of underlying companies' shares cannot determine share valuation under the unamended Rule 11UA](https://lawzmagazine.com/2026/09/fmv-of-underlying-companies-shares-cannot-determine-share-valuation-under-the-unamended-rule-11ua/): ACIT v. Kanchan Markhedkar (ITA No. 713/Mum/2025 and ITA No. 784/Mum/2025) I. Introduction The relationship between tax avoidance doctrines and statutory valuation rules has often produced some of the most challenging questions in Indian tax jurisprudence. While courts have repeatedly recognised the Revenue’s power to disregard sham transactions and colourable devices, they have been equally consistent in holding that where Parliament has prescribed a specific computational mechanism, tax liability must ultimately be determined within the confines of that mechanism. The recent decision of the Mumbai Bench of the Income Tax Appellate Tribunal in ACIT v. Kanchan Markhedkar revisits this delicate balance […]
- [Tribunal Prefers NCLT-Determined Valuation over Mechanical Rule 11UA Computation](https://lawzmagazine.com/2026/09/tribunal-prefers-nclt-determined-valuation-over-mechanical-rule-11ua-computation/): Rajasehar Buvaneswari v. ITO (ITA No. 3332/Chny/2025) I. Introduction The valuation of unquoted equity shares has emerged as one of the most contested aspects of contemporary income-tax jurisprudence. Over the last decade, the legislature has introduced several anti-abuse provisions to discourage understatement of consideration in transactions involving privately held shares. Among these, Section 50CA of the Income-tax Act, 1961 occupies a significant position by creating a deeming fiction whereby the fair market value (“FMV”) of unquoted shares is substituted for the actual sale consideration if the latter is lower than the prescribed valuation. While the legislative objective is unexceptionable, its practical […]
- [Justice Surya Kant: A Jurisprudence at the Crossroads of Formalism and Realism](https://lawzmagazine.com/2026/09/justice-surya-kant-a-jurisprudence-at-the-crossroads-of-formalism-and-realism/): “The life of the law has not been logic: it has been experience.” When the American jurist Oliver Wendell Holmes Jr. penned those words, he was urging the legal world to look past rigid textbooks and see the breathing, complex reality of human life. Decades later, Roscoe Pound expanded on this vision, arguing that the law is not merely a set of static, deductive rules, but a vital tool for “social engineering“, a living mechanism designed to balance competing interests and solve real human problems. To understand how these towering philosophies operate not in a theoretical classroom, but in the sprawling, […]
- ["Where It Appears" is not “Reason to Believe”: The Madras High Court Recalibrates the threshold in Section 74 of the GST Enactments](https://lawzmagazine.com/2026/09/where-it-appears-is-not-reason-to-believe-the-madras-high-court-recalibrates-the-threshold-in-section-74-of-the-gst-enactments/): A reading of Fastenex Private Limited, Turbo Energy Private Limited and Ispahani Estates Private Limited v. State/Central Tax Authorities (Madras HC, 08.06.2026) On 8 June 2026, Justice C. Saravanan of the Madras High Court disposed of a cluster of writ petitions, filed by M/s. Fastenex Private Limited, M/s. Turbo Energy Private Limited and Ispahani Estates Private Limited, that formed part of a much larger batch of nearly 250 petitions challenging Show Cause Notices and Assessment Orders issued under Section 74 of the CGST and TNGST Acts. What began as ordinary jurisdictional challenges to individual notices turned, in the Court’s hands, into […]
- [The Issue with having an Exception to a Rape Law](https://lawzmagazine.com/2021/04/the-issue-with-having-an-exception-to-a-rape-law/): BY Anjali Agarwal The Indian Penal Code was drafted in 1860. We have come a long way since the year 1860, especially in terms of human rights and mindsets. The same has also been reflected through recent developments made within the IPC itself, such as the striking down of section 377, which repressed members of the LGBTQ community for years. Similarly, the striking down of section 497; which was a long-awaited step forward. But one major issue in the IPC still prevails: Exception 2 under Section 375 of the IPC. The Indian Penal Code recognises non-consensual sexual acts as an offence, […]
- [Archaic Adultery Law Abolished](https://lawzmagazine.com/2019/01/archaic-adultery-law-abolished/): BY ARUSHI SRALECH.  Recently the Supreme Court of India struck down a 150-year-old regressive law which made adultery a criminal offence. Under Section 497 of the Indian Penal Code, a man who knowingly gets sexually involved with the wife of another man, without the consent of husband, is liable to be punished with imprisonment of up to five years or fine. However, the wife did not have any such right if her husband cheated on her with another woman. Section 497 violated Articles 14 and 15 of the Constitution of India. The Court held that the said section exempted women from […]
- [LGBT Rights recognized in India – A Landmark and Historical Judgement](https://lawzmagazine.com/2019/01/lgbt-rights-recognized-in-india-a-landmark-and-historical-judgement/): BY ANSHAT AMITESH.  Recognition of the LGBT rights has been in controversy, worldwide, for one reason or the other. LGBT rights have made significant progress over the past few years needless to say only in some parts of the world. In many countries, they still face widespread stigmatization and persecution, and in a surprising number of these countries the penalty for same-sex relationships is prison or even death. According to Equaldex, a collaborative LGBT rights website, there are 75 countries—mostly in the Middle East, Africa and Asia—where homosexual activity between consenting adults is considered illegal. There are currently eight countries in […]
- [History and Development of Schedule 9 of Constitution of India](https://lawzmagazine.com/2019/01/history-and-development-of-schedule-9-of-constitution-of-india/): BY … India is predominantly an agrarian society of which three-fourth of total population is mainly dependent on agriculture and rural economy for their livelihood. Pre-Independence, a huge majority of population was living in rural areas and their living conditions were so deplorable as a result of policies of British Government. To cut out unhealthiest impediment to the progress of agrarian sector, Government of India moved a large number of land reform programmes in first and second five year plans with the objective to increase in agricultural production and economy. These large numbers of land reform include abolition of Zamindari System, […]
- [Artificial Intelligence & Its Impact On The Legal Profession](https://lawzmagazine.com/2019/01/artificial-intelligence-its-impact-on-the-legal-profession/): BY ANOOP BOSE.  Information Technology has wormed its way into every conceivable sphere of human existence, and the law is no exception. The legal profession, historically of traditional course, is increasingly being influenced by new technologies. Artificial Intelligence (AI) has the potentiality to affect the manner in which the legal work would function in the foreseeable future. Very much like e-mail changed the way we do business, AI could become omnipresent—an indispensable tool for lawyers, and cost-effective legal services to an expanding client base. The charismatic American President John Fitzgerald “Jack” Kennedy once observed, “Change is the law of life. And […]
- [Role of Women in Fighting Climate Change](https://lawzmagazine.com/2018/12/role-of-women-in-fighting-climate-change/): BY APOORVA TOMAR. Role of Women in Fighting Climate Change Ecofeminism: Philosophical Aspects of Relationship between Women and Nature Women and Nature have always been equated in the past and societies, which initially revered both as Gods, have dominated and exploited them in every possible manner for their own selfish interests and convenience. The recognition of this close relationship between women and nature is evident in ancient texts, folklore, values and belief of almost every region of the world varying from Greek to Indian religious philosophy. The nature, its forces and components have been referred to as female, principally, because of […]
- [Amar Sonar Bangla – My Golden Bangla](https://lawzmagazine.com/2018/12/amar-sonar-bangla-my-golden-bangla/): BY ANOOP BOSE, ADVOCATE, SUPREME COURT OF INDIA. Amar Sonar Bangla – My Golden Bangla On 19th July,1905, George Nathaniel Curzon, better known as “The Lord Curzon of Kedleston”, the last Viceroy of India, announced the first partition of Bengal that eventually split the undivided Province of Bengal into two parts with effect from 16th October,1905. This dismemberment purely along communal lines (East Bengal and majority of Muslims and West Bengal and a majority of Hindus) was politically motivated and sought to subvert Indians’ unrelenting freedom struggle against the hand oppressive British hegemony in India. The partition prompted the beginning of […]
- [Laws to Recovery of Loans by Banks and FIs](https://lawzmagazine.com/2018/11/laws-to-recovery-of-loans-by-banks-and-fis/): By Dr. Sailaja. Petikam After liberalisation of the Indian economy in 1991, Banks and Financial Institutions (FIs) have been experiencing considerable difficulties in recovering loans and enforcement of securities charged with them. The procedure for recovery of debts due to the banks and FIs, which was then followed, was by the filing of civil suit in a court of law, which has resulted in a significant portion of the funds being blocked. The Narasimham Committee on reforming the Financial System has considered the setting up of Tribunals with special powers for adjudication of such matters and speedy recovery as critical to […]
- [India’s LGBTQ Rainbow Finally Shines](https://lawzmagazine.com/2018/11/indias-lgbtq-rainbow-finally-shines/): By Arushi Sralech On 6th September 2018, India’s Supreme Court issued a historic ruling confirming the right of the country’s LGBT people to express their sexuality without discrimination. In the landmark judgment, the Supreme Court decriminalised same sex relationships and partially scrapped the archaic section 377 drafted by the British administration back in the 1860s that criminalised gay sex between two consenting adults. The court, however, held that Section 377 would still apply to unnatural sex involving animals and minor children and sexual acts without consent will continue to be a crime. The petitioners argued that Section 377 violated rights and […]
- [Advertising And Its Effects](https://lawzmagazine.com/2018/11/advertising-and-its-effects/): By Mehr Kaur After globalization, India is rapidly embracing consumerism. Competition in the market has increased manifold and the producers face an increasing need to attract customers to buy their products. Therefore, a lot of tactics are employed to lure the audience. It affects the consumer’s freedom of choice, purchasing behaviour and may sometimes prove to be hazardous. Hence, a check on misleading advertisement becomes imperative. Even though various regulatory frameworks have been set up, remedying such advertisements is problematic and not effective as by the time any action is taken, the purpose of the advertisement is served due to the […]
- [Anti-Ragging Laws in India](https://lawzmagazine.com/2018/09/anti-ragging-laws-in-india/): BY DR. SAILAJA PETIKAM. Ragging is the term used for the so-called “initiation ritual” practiced in higher education institutions in South Asian countries, including India, Pakistan, Bangladesh, and Sri Lanka. The practice is similar to hazing in North America, bizutage in France, and praxe in Portugal, and other similar practices in educational institutions across the world. Ragging involves the abuse, humiliation, or harassment of new entrants or junior students by their seniors. Although the objective of this exercise was initially to increase friendship among batch mates, it has become increasingly unpopular due to several complaints of physical injury to the victims […]
- [Sedition Laws in India](https://lawzmagazine.com/2018/09/sedition-laws-in-india/): BY ARUSHI SRALECH. The core issue that arose was whether ‘sedition’ is used as an exception under Article 19(2). Finally, in 1962, in Kedar Nath v. State of Bihar, the Supreme Court dealt with the constitutionality of Section 124A of the IPC. The matter was heard by a five-judge bench headed by Chief Justice B.P. Sinha. The Supreme Court, while ascertaining the constitutionality of Section 124A, referred to the phrases ‘security of state’ and ‘public order’ found under clause (2) of Article 19 of the constitution. Also, the court struck a balance between the right to freedom of speech and expression […]
- [Evolving Beyond the Traditional Role of a Chief Legal Officer](https://lawzmagazine.com/2018/09/evolving-beyond-the-traditional-role-of-a-chief-legal-officer/): BY SUBHIECHANA SHAW. The in-house counsel revolution, which saw its first developments brewing in the late 1970s, envisioned a critical role for the General Counsel as a lawyer-statesperson, moving beyond the scope of the law, and including matters of ethics, risk, governance, and compliance. With increasing reach and power, the General Counsel is now participating in decisions and actions that are not just about risks but also about opportunities, and about the business itself. Evolving beyond the traditional role of a chief legal officer that focused solely on litigation, transaction cost reductions, legal outsourcing, etc., the General Counsel has expanded its […]
- [Open Letter to Hon'ble the Chief Justice of India: Capital Punishment in a New Avtar – Part III](https://lawzmagazine.com/2018/09/open-letter-to-honble-the-chief-justice-of-india-capital-punishment-in-a-new-avtar-part-iii/): BY Ranjit Kapoor. Your comments in the Economic Times dated 10th August 2018 to keep criminals away from politics could not have come at a better time than now, when a distinct erosion of values is visible. We see that criminals are still eligible to become lawmakers despite repeated cries. An entrepreneur of today is like an “Antelope” and vulnerable to attacks from all corners. Not only this Government but sections of the media have in the past launched “Save the Tiger” campaigns, but unfortunately, there is no platform available to “Save the Antelope”, which is a vital cog in providing […]
- [Applicability of GDPR on goods and services offered over the websites outside the European Union](https://lawzmagazine.com/2018/08/applicability-of-gdpr-on-goods-and-services-offered-over-the-websites-outside-the-european-union/): By Smith Chandra The General Data Protection Regulation (GDPR) harmonizes data protection laws in the EU to make them fit for purpose in the ever-evolving internet age. It aims to bring better transparency to help support the rights of individuals and grow the digital economy. The regulation imposes new rules on companies, government agencies, non-profits, and other organizations that offer goods and services to people in the EU, or that collect and analyze data tied to their personal data. From an economic standpoint, the GDPR aims to simplify the regulatory environment for international business by unifying data protection rules within the […]
- [Role Of Governor In Appointment Of Chief Minister](https://lawzmagazine.com/2018/08/role-of-governor-in-appointment-of-chief-minister/): By Sarvesh Kumar Shahi The role of the Governor has emerged as one of the key issues in Union-State relations. Problems which arose in the working of Union-State relations were mostly matters for adjustment in the intra-party forum and the Governor had very little occasion for using his discretionary powers. The role of the Governor has come in for attack on the ground that some Governors have failed to display the qualities of impartiality and sagacity expected of them. It has been alleged that the Governors have not acted with necessary objectivity either in the manner of exercise of their discretion […]
- [Ordinance on Fugitive Economic Offenders](https://lawzmagazine.com/2018/08/ordinance-on-fugitive-economic-offenders/): By Dr. Sailaja Petikam Under the Indian Constitution, an Ordinance is a specific kind of executive decision (issued by a Governor or President on the advice of the State or Centre Government respectively) that operates as a law. Although law making power usually lies with the legislative branch of the government, the executive is given the power to issue Ordinance in exceptional situations, with the ordinances remaining in force for a limited period of time. The legislature can enact a law incorporating the provisions of an Ordinance. However, the legislature can also pass a resolution disapproving the ordinance, in which case […]
- [Virtual Currencies In India](https://lawzmagazine.com/2018/08/virtual-currencies-in-india/): By Nandini Garg India is continually striving towards becoming a “digital” economy. Both public and private sectors have made efforts in this regard. Widespread use of mobile phones and internet, e-filing of taxes, e-payments for purchases etc. evidence this. Virtual currency is one such hotbed in the era of digitisation, innovation and technology. A virtual currency, namely Bitcoin, was introduced in the year 2008 and since then the market frenzy surrounding it hasn’t taken a halt. Different states across the world have reacted differently towards virtual currencies. Although it is widely accepted that the technology behind virtual currencies is groundbreaking, some […]
- [Shafin Jahan V. Asokan K.M. & Ors](https://lawzmagazine.com/2018/08/shafin-jahan-v-asokan-k-m-ors/): By Mehr Kaur The Supreme Court of India on 8th March, 2018, in a surprising yet vital order set aside the decision of the Kerala High Court that annulled the marriage between Akhila Asokan aka Hadiya and Shafin Jahan. The case is not one to be remembered for its decision by the High Court based on the idea of patriarchal autocracy and possibly self obsession with the feeling that a female is a chattel but for the display of the strength of our Constitution that shows acceptance of the plurality and diversity of our different syncretic cultures as artistically pointed out […]
- [Is Judiciary Under Attack](https://lawzmagazine.com/2018/08/is-judiciary-under-attack/): By Anoop Bose Pandit Jawaharlal Nehru once remarked, ‘Events crowd in upon us in such quick succession that we are apt to miss their true significance.’ This is particularly true of the unhealthy drift of events in the Supreme Court of India in recent times. The general reverence formerly paid to judges of the Supreme Court, is being systematically deflated. Pernicious attacks on the judiciary have become commonplace. Many are made by political parties and politicians. In fact, some politicians who are distinguished members of the Supreme Court Bar, see enormous mileage in that course. But even beyond politicians, the attacks […]
- [Laws Relating To Corporate Governance In India](https://lawzmagazine.com/2018/08/laws-relating-to-corporate-governance-in-india/): By Arushi Sralech Corporate governance is a means of self-governance by companies whereby a company increases its ‘firm value’ by higher and qualitatively superior disclosure as well as more responsible action and includes reporting requirements, confidentiality norms, code of conduct and specific rules for the conduct of its directors and employees and other insiders. It is a means by which the company signals to the market that effective self-regulation is in place and that investors are safe to invest in their securities. Organizations can simply direct their executives past what is denied by the law. Further, companies are mandated to disclose […]
- [Right to Die - Fundamentals of Dignified Death and Ambiguity of Life, Death and Autonomy](https://lawzmagazine.com/2018/07/right-to-die-fundamentals-of-dignified-death-and-ambiguity-of-life-death-and-autonomy/): By Shourya Jain Meena Mukherjee, a 70-year-old woman suffering from a rare medical condition, has been confined to a hospital bed for months. Paralyzed and immobilized, she cannot bear the slightest touch, fully conscious and enduring excruciating physical pain. Her situation reflects a reality shared by thousands of families across India: the unbearable intersection of prolonged suffering, medical futility, and financial devastation. The Legal Turning Point: Article 21 and Passive Euthanasia On March 9, 2018, the Supreme Court of India delivered a landmark judgment declaring the Right to Die with Dignity an intrinsic component of the Right to Life under Article […]
- [Awareness of people regarding rights of women under CrPC](https://lawzmagazine.com/2018/07/awareness-of-people-regarding-rights-of-women-under-crpc/): By Jagriti Mahajan & Prateek Singh Kundu A procedural code in any country performs multiple roles such as creating guidelines for legal officers to follow and creating the very structure in which the criminal system exists. One such function that it fulfils is protecting individuals from abuse of police power and excesses of state machinery. The CrPC in India lays down several provisions to protect the interests and rights of women. However, often such rights get lost in the myriads of procedural provisions and people often don’t know about them. This article seeks to analyse the trends that emerge from a […]
- [The Fugitive Economic Offenders Ordinance, 2018](https://lawzmagazine.com/2018/07/the-fugitive-economic-offenders-ordinance-2018/): By Dr Shobharam Sharma A bill in respect of the same was due to come up in the Lok Sabha last month. However, frequent adjournments of the House before the session came to a close, saw to it that the bill did not materialise before the Lok Sabha. In consequence, the Government has now introduced the Ordinance on dated 23.04.2018 “to provide for measures to deter fugitive economic offenders from evading the process of law in India by staying outside the jurisdiction of Indian courts, to preserve the sanctity of the rule of law in India and for matters connected therewith […]
- [The Ignored Struggle Women In Indian Society](https://lawzmagazine.com/2018/07/the-ignored-struggle-women-in-indian-society/): By Vedant Kapur By sheer force of a vicious custom, even the most ignorant and worthless men have been enjoying a superiority over women which they do not deserve and ought not to have. Many of our movements stop half way because of the condition of our women. Mohandas Karamchand Gandhi For centuries, women have been physically, psychologically and socially marginalized and oppressed in society. Often religious customs and outdated traditions have been pressed into service to confine women to a life inside their homes. In modern times, however, women have been at the forefront of the economic ladder, earning their […]
- [Did the Judicial Services Candidates Get Justice](https://lawzmagazine.com/2018/07/did-the-judicial-services-candidates-get-justice/): By Ishrat Husain Did the Judicial Services Candidates Get Justice To glance into whether any matter in question is inconsistent or in contravention of the fundamental rights of the individuals is an obligation lent on the higher judiciary. ‘Justice delayed, the justice denied’ is a well-known maxim and it may be sometimes supplemented by another connotation that the denial of reasonable opportunity of hearing or summary rejection of a case is also the denial of justice. Parties will have to be heard prior to pronouncement of a judicial order. ‘No one shall be condemned unheard’ is the first principle of natural […]
- [Contractual Employment – its benefits to employers](https://lawzmagazine.com/2018/07/contractual-employment-its-benefits-to-employers/): By Aniruddh Shastree A contract labour is a person who is hired in connection with the work of an establishment by the principal employer through a contractor. A contractor is a person who supplies human resource to a principal employer. The issue of contractual employment is discussed in two ways in this article, firstly, hiring labourers through contractors and secondly as per the fixed term contracts for employing human resources. With the increase in the globalization of business, there has been a gradual increase in the economic inter dependencies between several countries which has even led to increase in mutual competitions […]
- [Confusions In GST Law](https://lawzmagazine.com/2018/06/confusions-in-gst-law/): By CA Altamush Zafar The first financial year under the GST regime is coming to an end but there is no dearth of confusions in the provisions of the law. This series will focus on various issues that are still unanswered. This is the first part and we will talk about the following issue: Input Tax Credit (ITC) First a brief explanation about what is Input Tax Credit. Input Tax Credit is the tax paid on your purchases which can be availed and utilized to pay taxes on your sales. In this way the person pays taxes only on the value […]
- [Understanding issues of Climate Change and its Policies](https://lawzmagazine.com/2018/06/understanding-issues-of-climate-change-and-its-policies/): By Shariq Ahmed The Earth’s climate has changed throughout history. Just in the last 650,000 years there have been seven cycles of glacial advance and retreat, with the abrupt end of the last ice age about 7,000 years ago marking the beginning of the modern climate era — and of human civilization. Most of these climate changes are attributed to very small variations in Earth’s orbit that change the amount of solar energy our planet receives. The term ‘Climate Change’ is understood as an infrequent adjustment in the atmosphere which straight away effects the overall climate system of the planet Earth. […]
- [A Safe Workplace Every Women’s Right](https://lawzmagazine.com/2018/06/a-safe-workplace-every-womens-right/): By Kanishk Agarwal Gender equality is deeply anchored in the Indian Constitution and the Fundamental Rights, guaranteeing equal opportunity, equal protection, and freedom from discrimination based on sex in areas of public employment. To support this mandate and protect women in the workplace, India enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (rooted in the Supreme Court’s landmark 1997 Vishaka guidelines). The law places strict legal duties on employers to ensure a safe working environment, establish structured compliance mechanisms, and maintain accountability. Key Employer Responsibilities and Compliance Requirements Defining and Handling Harassment Inquiries, Recommendations, and […]
- [Labour Legislation Reforms Required in Labour Legislation that could help promote Make In India](https://lawzmagazine.com/2018/06/labour-legislation-reforms-required-in-labour-legislation-that-could-help-promote-make-in-india/): By Akanksha Sood In India, currently, there are more than 400 labour laws for central and state combined. Thus, the problem of labour laws needs close and deep introspection. It has also been accused many times that these laws neither has any benefit nor strength for working for population and at the end, they better serve the employer rather than employees. In desperate need for reforms, there are several changes that the government of India needs to inculcate if it wants to really change the domain of its manufacturing sector.. of 9 crore workers in the organised sector, only 3 crores […]
- [An Endless Debate on American Gun Control Law](https://lawzmagazine.com/2018/05/an-endless-debate-on-american-gun-control-law/): BY NAMITA SINGH.  We’re only sixteen weeks into 2018, and there have already been over two dozen shootings in the USA. Support for stringent gun control laws is mounting in the United States of America. Nearly 7 in 10 adults now support stricter gun laws, which is the highest level of support in five years. Yet only half of Americans believe elected officials will strengthen them. The United States of America has had more mass shootings than any other country. Between 1966 and 2018, over 300 mass shootings have occurred across the world: 110 of them—36% of the total—took place in […]
- [Constitutionality of Section 5B of the Indian Cinematograph Act, 1952](https://lawzmagazine.com/2018/05/constitutionality-of-section-5b-of-the-indian-cinematograph-act-1952/): BY AKANKSHA SOOD.  The Supreme Court recently, in the case of Viacom 18 Media Private Limited and Ors. v. Union of India and Ors., held that once an expert body has determined the suitability of a film to be screened for the public, the State cannot refuse a film for public exhibition on the grounds that it may imperil public order. The power to refuse a film for public exhibition on the grounds of public order is conferred upon the Central Board of Film Certification (CBFC). While originally referenced under Section 4(1), it is now governed by Section 5B of the […]
- [Ayodhya, Lord Rama & Rajiv Gandhi](https://lawzmagazine.com/2018/05/ayodhya-lord-rama-rajiv-gandhi/): BY ANOOP BOSE, ADVOCATE. The ancient city of Ayodhya (meaning the ‘unconquerable’) nestled in the heart of the Indian state of Uttar Pradesh is believed to be the birthplace of Lord Rama, revered as the seventh ‘Avatar’ of Lord Vishnu (the preserver and protector of the universe in the Hindu ‘Trimurti’ or Trinity), and the setting of the timeless Indian epic Ramayana by the ‘Adi Kavi’ or Primeval Poet Valmiki which describes Lord Rama as the ‘most ideal’. Ayodhya has been regarded as one of the seven most important pilgrimage sites (‘Saptapuri’) for Hindus. In a lecture delivered at the Shakespeare […]
- [Contractual Employment: Does Contractual Employment Hold Something Positive in Store for Employees](https://lawzmagazine.com/2018/04/contractual-employment-does-contractual-employment-hold-something-positive-in-store-for-employees/): By Anirudh Shastree The point ‘contractual employment v/s permanent employees’ has been a point of debate since a long time in India, but it is drawing more attention towards itself in the present scenario because of the increased focus on industrialization. The point of contention that is attempted to discuss in this article is that, are there any positive aspects of contractual employment for the employees who undertake this type of employment. While employers prefer to have flexibility in workforce, workers prefer to have permanency status in employment. This situation arises often when employees are hired either through contractors or employees […]
- [Kidnapping of Child](https://lawzmagazine.com/2018/04/kidnapping-of-child/): By Akanksha Sood Introduction Each state has its own laws representing parental rights and duties, yet for the most part, guardians are the people that have a legitimate care of a child. A child can’t have more than two legitimate guardians at any given moment. What constitutes parental child abduction? Definition of Abduction ‘Abduction’ is Defined under section 362 of the Indian Penal Code, 1860 as an act compelling or taking away a person by deceitful means inducing him to go from any place. Abduction, all things considered, isn’t just an offence, rather is a helper demonstration not culpable in itself, […]
- [The Controversial Office of Profit: Whether a Discrimination with AAP?](https://lawzmagazine.com/2018/04/the-controversial-office-of-profit-whether-a-discrimination-with-aap/): By Yash Mittal Three days before he retires, outgoing Chief Election Commissioner A.K. Jyoti has thrown a political bombshell by ordering a disqualification of 20 AAP MLAs in Delhi, finding them guilty of holding an office of profit, which Mr. Jyoti said is violative of constitution. The Election Commission informed that 20 MLAs are guilty of holding “office of profit” by being Parliamentary Secretaries to Ministers in Delhi Government in 2015. In 2016, the Delhi High Court set aside the appointments, and the AAP pleaded before the EC that the matter was now void. On 23rd June, 2017, however, the EC […]
- [Laws Protecting the Baby Boom](https://lawzmagazine.com/2018/04/laws-protecting-the-baby-boom/): By Nameeta Singh More babies were born in 1946 than ever before: 3.4 million, 20 percent more than in 1945. This was the beginning of the so-called “baby boom.” In 1947, another 3.8 million babies were born; 3.9 million were born in 1952; and more than 4 million were born every year from 1954 until 1964, when the boom finally tapered off. By then, there were 76.4 million “baby boomers” in the United States. They made up almost 40 percent of the nation’s population. WHAT IS THE BABY BOOM GENERATION? The term “Baby Boom” is used to identify a massive increase […]
- [Goods and Services Tax: An Overview](https://lawzmagazine.com/2018/03/goods-and-services-tax-an-overview/): BY MAHESH CHINTALWAR & DR. THARANATH. GOODS AND SERVICES TAXAN OVERVIEW Taxes are the largest source of income for the Government. Taxes collected in various forms by the Central Government, State Government and Local authorities are deployed for various purposes and projects for the development of the nation. India is a democratic country which has adopted federal form of constitution with clearly demarcated specific roles for the central and state government. The taxation system in India empowers both the Central government and the State governments to levy and collect various types of taxes from the citizens. The well-structured taxation system is […]
- [Trademark: An Innovative Approach](https://lawzmagazine.com/2018/03/trademark-an-innovative-approach/): BY MANJUNATH N.G. TrademarkAn Innovative Approach Since ancient times consumers have relied on traditional trademarks, typically, words, designs, numerals and/or devices, as symbols of uniform quality. Recent developments are enabling traders to rely on less traditional forms of trademarks that appeal to the senses in a different way, namely through colour, scent and sound, the adoption of which warrants special consideration. Olfactory, odour, scent or smell mark is one of the innovative approaches in the field of trademark. Marks consisting of scents are the most problematic. In addition to the practical difficulties of describing such marks sufficiently to determine where conflicts […]
- [Software Patenting: A Boon Or Bane](https://lawzmagazine.com/2018/03/software-patenting-a-boon-or-bane/): BY MANJUNATH N.G. Software patents are patents which cover software ideas, ideas which you would use in developing software. It is a patent on any performance of a computer realized by means of a computer program. Thus, it refers to patents that could be granted on products or processes which include software as significant and the form in which they are put into practice to produce the effect they intend to provide. Emergence of Software Patenting Until 1980 software programmers were protected under the copyright law since any software consisted of the source code which came under the purview of literary […]
- [Interviewing Sarosh Zaiwalla](https://lawzmagazine.com/2018/02/zaiwalla-founder-partner-of-zaiwalla-co-solicitors-uk/): Q: Did you find much difference in the standard of legal education in Indian universities and UK Colleges? Yes, of course. There is an enormous difference, especially at college level. Indian education system, until recently, was very much a colonial education system, which did not allow the student to think. A student is expected to reproduce whatever is being printed in the books and taught in the classrooms. Whereas, in UK Colleges, the legal education is aimed at inspiring students to think on their own and develop a subject for themselves. This, I believe, is the biggest and the most significant […]
- [Corporate Governance: Past, Present & Future in India](https://lawzmagazine.com/2018/02/corporate-governance-past-present-future-in-india/): BY VIPIN AGARWAL. The corporate governance may not dictate the economic prospects of developing countries, it certainly plays an integral role in shaping them. Corporate governance deals with the rights and responsibilities of a company’s management, its board, shareholders and various stakeholders. Corporate governance in a developing-country setting takes on additional importance. Good corporate governance is vital because of its role in attracting foreign investment. The extent of foreign investment, in turn, shapes the prospects for economic growth for many developing countries. While India’s corporate governance framework is advanced for a developing country, it still can be significantly improved. Why Corporate […]
- [Central Information Commission – Judicial Body or Administration Wing](https://lawzmagazine.com/2018/01/central-information-commission-judicial-body-or-administration-wing/): BY Anshul Gupta. Central Information Commission: Judicial Body or Administration Wing Central Information Commission (CIC) set up under RTI (Right to Information) Act, 2005 is an authorized body to provide information to individuals, by acting on the complaints from them who haven’t received the information from the public authority. There has been a Quaestur (Question raised) that whether this authorized body is a judicial body or administrative. It was a perplexing stage for the Supreme Court since when SC expressed diversified views in two cases and reversing its own judgment. In the first case (Namit Sharma v. Union of India, 2012) […]
- [Relevance and the Legality of Article 35A of the Constitution of India](https://lawzmagazine.com/2018/01/relevance-and-the-legality-of-article-35a-of-the-constitution-of-india/): BY Vipin Agarwal. On 26th October 1947, the State of Jammu & Kashmir acceded to India through the Instrument of Accession between Maharaja Hari Singh and the Government of India based on certain conditions that the matter of Defence, External Affairs and Communication would be preserved for the Government of India. In 1949, several negotiations took place with the government of India, and resulted in the insertion of a temporary provision (Article 370 of Constitution of India) which continues to hold even 70 years of Independence. Article 370 of Constitution of India gives autonomous status to the state of J&K to […]
- [Intellectual Property Protection of Computer Softwares in India and its Limitations](https://lawzmagazine.com/2018/01/intellectual-property-protection-of-computer-softwares-in-india-and-its-limitations/): BY Ankit Kumar. With the rapid changes in the field of information technology taking place across the world, computers are fast becoming an essential property the legal systems have developed as their own responses. The definition and interpretations varies. In some countries, patent protection differs. In Indian context, the Copyright act was amended in 1994 to extend protection to the computer program as literary works. Under the Indian Copyright Act, computer program means a set of instructions expressed in words, codes, schemes or in any other form, including a machine readable medium, capable of causing a computer to perform a particular […]
- [Strengthening India’s Cooperative and Competitive Federalism through Inter-State Council](https://lawzmagazine.com/2018/01/strengthening-indias-cooperative-and-competitive-federalism-through-inter-state-council/): BY CBP Srivastava. Strengthening India’s Cooperative and Competitive Federalism through Inter-State Council B.R. Ambedkar once described India and its states as “one integral whole, its people a single people living under a single imperium derived from a single source”. With this approach, the Constitution provided for a Union of States under Article 1 making its character federal and the spirit unitary. Any federal polity is essentially based on the principle of separation of powers, either vertical (between the Union and States) or horizontal (between states) or both. The Constitution of India prescribes for both, despite being established on the principle of […]
- [Secretarial Standards – An Overview](https://lawzmagazine.com/2018/01/secretarial-standards-an-overview/): BY Monisha Gade. SECRETARIAL STANDARDS – AN OVERVIEW Indian economy is growing at a fast pace. The economic policies of the country are being framed and developed with a view to meet the competitive markets at the international level. With the adoption of liberalisation, privatisation and globalisation policy, the market access is being increased. It is the need of the hour for any developing economy to maintain the status quo and further strive to improve it. In order to increase the share of Indian economy at the international level, it becomes necessary to put efforts from all sectors. Government alone cannot […]
- [The Sinking of the Titanic – The Untold Story and the New Evidence](https://lawzmagazine.com/2018/01/the-sinking-of-the-titanic-the-untold-story-and-the-new-evidence/): BY Anoop Bose, Advocate, Supreme Court of India. The Titanic set off on her maiden voyage from Southampton on 10th April, 1912 under the command of the ‘trusty’ Captain Edward John Smith, which was to be his last voyage before retirement. The ship carried some of the wealthiest people in the world, including the American mining magnate infamously known as the ‘scoundrel’ Sir Cosmo Edmond Duff-Gordon, the White Star Line’s Managing Director Joseph Bruce Ismay and the ship’s principal architect Thomas Andrews. At 11:40 p.m. on 14th April, 1912 about 375 miles south of Newfoundland, the lookout Frederick Fleet spotted an […]
- [Importance of Intersectionality in Gender-Centric Discourses](https://lawzmagazine.com/2017/12/importance-of-intersectionality-in-gender-centric-discourses-2/): By DR. K. RAJANI KUMARI The recent debate on the abolition of triple talaq, initiated in the case of Shayara Bano v. Union of India, has once again opened the Pandora’s box which was hitherto unlocked in 1985 after the Supreme Court’s judgment in the Shah Bano case and urgently closed by the then government to lie mostly undisturbed for 30 years. This voice has now been raised by a woman against the arbitrary laws of her community which had been drafted to cater to the wishes of men. While the nation is involved in a passionate discourse on protecting ‘Muslim […]
- [Nationalism in Music](https://lawzmagazine.com/2017/12/nationalism-in-music/): By Anoop Bose, Advocate, Supreme Court of India The monumental Greek philosopher Plato once aptly remarked – ‘Music is a moral law. It gives a soul to the universe, wings to the mind, flight to the imagination, a charm to sadness, gaiety and life to everything. It is the essence of order, and leads to all that is good, just and beautiful, of which it is the invisible, but nevertheless dazzling, passionate, and eternal form.’ Over the centuries, music has gone hand in hand with the spirit of nationalism. The middle of the nineteenth century witnessed the genesis of a movement […]
- [Family Welfare Committee – Section 498-A of I.P.C.](https://lawzmagazine.com/2017/12/family-welfare-committee-section-498-a-of-i-p-c/): By Dr. Sailaja Petikam Recently the Supreme Court of India issued new guidelines to prevent the misuse of Section 498A of the IPC in Rajesh Sharma Vs. State of Uttar Pradesh on 27-07-2017. In this case, the two-judge bench namely Justice A. K. Goel and U. U. Lalit stated that automatic arrest is not allowed under Section 498A of IPC and also opined that the involvement of civil society in the assistance of the administration of justice can be one of the steps, apart from the investigating officers and the concerned trial courts being sensitized. It is also essential to facilitate […]
- [Interviewing Niteesh Kumar Upadhyay](https://lawzmagazine.com/2017/12/interviewing-niteesh-kumar-upadhyay/): Niteesh Kumar Upadhyay is the founder of legal website Knowledge Steez. He has done his LLM from WBNUJS, Kolkata and is a recipient of various scholarships including Hague Academy Scholarship, GAJE Turkey, GAJE Mexico, ILEC New York, RENE CASIN France etc. He was awarded with the title of Social Change Maker 2015, Young Humanitarian Award 2017, and Youth for Human Rights Award 2017. Let’s take a look at his views regarding the set-up and importance of an online platform which can cater to the needs of law students and the formula to attain desired scholarships for foreign studies. “I started Knowledge […]
- [Legal Aid in Criminal Justice](https://lawzmagazine.com/2017/11/legal-aid-in-criminal-justice/): BY Periya Vaishnav. “We can end the existing denial of justice to the poor if we can secure an administration of justice which shall be accessible to every no matter how humble.” – Reginald Heber Smith Social justice is the primary objective of the Indian constitution. Where the vast majority of population is socially and economically backward, but the national goal is social and economic justice, the rule of law, notwithstanding its mien of majestic equality, will fail its mission in the absence of a legal aid system to bring the system of justice to the downtrodden. Therefore, it becomes a […]
- [Leather Wallet to Mobile Wallet: Legal Challenges](https://lawzmagazine.com/2017/11/leather-wallet-to-mobile-wallet-legal-challenges/): BY Ashish R. Aggarwal. Banking to Payment banking is gaining pace. And except for the elite class of politicians and alike (who do not like change), people are embracing the idea gradually. But there is a saying (which, incidentally, is an eternal truth as well) after every bright morning, follows a dark night. On one hand when a cashless economy will benefit us in multiple ways, on the other hand cyber financial crimes will increase. It is not that cyber financial crime is not present now. The truth is that India being a cash-based economy, the chances of digital crime were […]
- [Live-in Relationships](https://lawzmagazine.com/2017/11/live-in-relationships-2/): BY Dr. Shubham Sharma. The Supreme Court threw its weight behind live in relationships on 22.03.2010, observing that for a man and woman in love, to live together is part of the right to life, and not a “criminal offence”. “If two people, man and woman, want to live together, who can oppose them? What is the offence they commit here? This happens because of the cultural exchange between people,” a special three-judge bench of Chief Justice of India (CJI) K.G. Balakrishnan, Justices Deepak Verma and B.S. Chauhan observed. The court was hearing a bunch of petitions filed by actress Khushboo […]
- [Marital Rape Law in India: Need to Change the Law](https://lawzmagazine.com/2017/11/marital-rape-law-in-india-need-to-change-the-law/): BY Dr. Sidhra Ram Sharma. Afghanistan’s president Hamid Karzai approved a marriage Bill for Shias (thereby making it a law) that gave husbands absolute sexual control over their wife. As per this law, wives cannot refuse if their husband demands sex. In other words, they can be legally raped by husbands. In October 2006, India enacted a new piece of legislation, namely the protection of women from Domestic Violence Act which has given women a modicum of protection from domestic abuse. However, victims of marital rape are still not saved by this law because the Act fails to consider rape of […]
- [Interdependence Among Animals & Role of Various Organisations in India](https://lawzmagazine.com/2017/11/interdependence-among-animals-role-of-various-organisations-in-india/): BY Bhumika Sharma. INTERDEPENDENCE AMONG ANIMALS AND HUMANS: ROLE OF VARIOUS ORGANISATIONS IN INDIA Earth is home to a marvelous presence of animals. Due to the unexhausted resources, modern human beings had and still have the wherewithal to use nature and its resources for their benefits. But, human beings in the 20th century have highly altered the surroundings. The earth is warmer, sweeping winds, changing courses of rivers, etc., have become a norm. But the poor innocent animals couldn’t adapt to these changes as quickly as human beings themselves could. Human beings and animals are interdependent on each other. So when […]
- [Corporate Tax Responsibility of Directors](https://lawzmagazine.com/2017/11/corporate-tax-responsibility-of-directors/): BY Mohit Singhvi. The world is moving from acknowledged risks to unacknowledged or almost unknown risks. Some absolutely unforeseen and unprecedented events have recently occurred leading to totally ironic concern as to how the directors of a private company can be made personally liable for the losses. In contrast to the well-established rule of limited liability of companies as respected by the Companies Act 1956 (“Companies Act”), where a director is not personally liable for the company’s debts and the Income Tax Act, 1961 (“ITA”) seeks to make directors personally liable for the tax arrears of the company. This article highlights […]
- [Environmental Pollution: A Socio-Legal Study](https://lawzmagazine.com/2017/10/environmental-pollution-a-socio-legal-study/): By Revti Rani Roy Environment is the creation of the supernatural. Though the presence of the supernatural is contradicted, this fact cannot be negated that a conception coined as environment has been bestowed upon all the living beings as a legacy, whose origin is known to none. Environment is a mixture of both living and non-living creatures. “Environment includes water, air, land and the inter-relationship which exists among and between water, air, land and human beings, other living creatures, plants, micro-organism and property.” Man is supposedly the greatest creation of all the living creatures on this planet. But there always comes […]
- [Unanswered Issues Relating to Legality of Article 35A](https://lawzmagazine.com/2017/10/unanswered-issues-relating-to-legality-of-article-35a/): By Sarvesh Kumar Shahi Article 35A of the Constitution of India, introduced via the Constitution (Application to Jammu and Kashmir) Order of 1954 on May 14, 1954, has dragged up an intense debate in the country. The trigger raised recently, by a Kashmiri woman called Charu Wali Khan, who settled outside the state, challenged the legality of Article 35A of the Indian Constitution that allows J&K to define its “permanent residents”. She claimed in her petition to the Supreme Court that such a law takes her succession rights away and disenfranchises her. Discriminatory and special rights as regards employment, acquisition of […]
- [Maintenance and Welfare of Parents and Senior Citizens](https://lawzmagazine.com/2017/10/maintenance-and-welfare-of-parents-and-senior-citizens/): By Dr. Sailaja Petikam The population of elderly persons has been increasing over the years. In India, about 8% of the total population is above 60 years, and this figure is projected to cross the 18% mark by 2025. Senior citizens face a number of problems—mainly economic problems due to the loss of employment, income deficiency, and economic insecurity. Another major set of problems includes physical and physiological challenges, such as health and medical problems, nutritional deficiencies, and the lack of adequate housing. In order to protect the rights of senior citizens and aging parents, the Government of India provides special […]
- [Right to privacy in the digital age](https://lawzmagazine.com/2017/09/right-to-privacy-in-the-digital-age/): BY CBP SRIVASTAVA. Fresh debate over privacy was raised due to a number of petitions which challenged that personal information of the citizens collected under the Aadhaar programme could compromise their privacy. It has been argued that the concept of privacy is embedded in the right to liberty and dignity. The arguments also include that rights under Articles 14, 19 and 21 of the Constitution of India could be exercised only through liberty and freedom of choice. The Supreme Court of India in Maneka Gandhi v. Union of India AIR 1978 SC 597 had carefully examined the interrelationship between these articles […]
- [PLAPUS: Permanent Lok Adalats for Public Utility Services – Needs to Create Awareness](https://lawzmagazine.com/2017/09/plapus-permanent-lok-adalats-for-public-utility-services-needs-to-create-awareness/): BY DR. SALAJA PETIKAM.  At present disputes are inevitable, there is an urgent need to find a quick and alternative means of settlement of disputes. This new method of resolution, disputes or conflicts hinders the development and disturbs the physical strength and mental peace of human life. To lead a passionate life, the human being should be without conflicts. For resolution of disputes there is a legal system in every human society. So every aggrieved person is supposed to go to the court for his redress, because nobody shall have to take law into his own hands. But the courts have […]
- [The Case of Shabnam Hashmi: A Landmark Precedent for Secular Adoption in India](https://lawzmagazine.com/2017/08/the-case-of-shabnam-hashmi-a-landmark-precedent-for-secular-adoption-in-india/): BY Mohammad Abid Hussain Ansari.  The term adoption is not a new term. It is an old practice in Greece. The law related to adoption was there in Greece. Only an adult, sound adult who is not having any child can go for adoption. There are three types of adoption which have been recognized in Greece. They are listed below: a. The first one is adoption inter-vivos; b. The second one is through the testamentary manner; c. And the last one is related to the adoption where any relative adopts a child in the name of the deceased. In the first […]
- [Right of Copyright Holders in Sharing the Revenue](https://lawzmagazine.com/2017/08/right-of-copyright-holders-in-sharing-the-revenue/): BY S. Prabhakar & Tanushree.  The controversy arising out of Music Director Ilaiyaraaja issuing legal notice to singer S. P. Balasubrahmanyam, who was on tour to the US to commemorate fifty years of his playback singing career, brought the subject of royalties to be shared with lyricists and music directors etc. into sharp focus. The Copyright Act (Amendment) Bill 2012 was passed in the Lok Sabha on May 22nd, 2012. The bill declares authors as owners of the copyright, which cannot be assigned to the producer, as was the practice till now. It will now be mandatory for broadcasters — both […]
- [Rights of Animals](https://lawzmagazine.com/2017/08/rights-of-animals/): BY Bhumika Sharma & Priyanka Sharma. Man’s association with animals is very common. With the change of time and historicity, it has been reoriented from time to time. Animals are a hugely important part of the human world. They are relied upon for food, used as research models, companions, working animals, for sport and in recreation. The interaction between nature and society holds a conspicuous place for philosophers, natural scientists, sociologists and historians. The field of human-animal relations is fast becoming one of the hot areas of debate. This article shall trace the role played by various non-governmental and inter-governmental bodies […]
- [Case Comment: Binoy Viswam v. Union of India & Ors. (Aadhaar Case)](https://lawzmagazine.com/2017/08/case-comment-binoy-viswam-v-union-of-india-ors-aadhaar-case/): BY Garima Bana. In 2000, the Government of India was faced with a tremendous problem of citizens having either no identification proof or fake and multiple identification documents such as passports, Permanent Account Number (PAN) and voters’ ID card. Such a situation was considered a grave threat to national security considering its geography and cross-border transfers, and an uphill task for the government to reach out to every person, in particular to the rural areas with government benefit programmes. To tackle this problem, the Government of India through the Planning Commission vide notification dated January 28, 2009, rolled out the Unique […]
- [The Real Estate Regulatory Authority (RERA)](https://lawzmagazine.com/2017/08/the-real-estate-regulatory-authority-rera/): BY Dr. Sanjib Tiwari. India enacted The Real Estate (Regulation and Development) Act, 2016 in order to establish the Real Estate Regulatory Authority for regulation and promotion of the real estate sector and to ensure sale of plot, apartment or building, as the case may be, or sale of real estate project, in an efficient and transparent manner and to protect the interest of consumers in the real estate sector and to establish an adjudicating mechanism for speedy dispute redressal and also to establish the Appellate Tribunal to hear appeals from the decisions, directions or orders of the Real Estate Regulatory […]
- [The Overpowering Centripetal Force of Paris](https://lawzmagazine.com/2017/08/the-overpowering-centripetal-force-of-paris/): BY Anoop Bose, Advocate Supreme Court of India. France has striven to freedom and unparalleled prosperity during the last two centuries or so in spite of the irreparable devastation and anguish caused by the two world wars. This could not have been realised unless France had been fastened steadfastly to the noble principle laid down in the early days of her history that mere material progress cannot go far or live long unless it has its foundation in moral principles and high ideals. ‘Liberty, equality, fraternity’ is the national motto of France, which, according to the honorific French philosopher and political […]
- [Coalition Government & Good Governance](https://lawzmagazine.com/2017/08/coalition-government-good-governance/): BY Karan Gupta. Political obligation is a very important and determinative factor in the functioning and sustenance of a government. This concept becomes all the more important when we look at it in the context of a coalition government. India is a country fraught with political complexities of various kinds. Out of these various problems, one solution to a problem has emerged in the form of a coalition government. India is a vast, complex and plural polity with disparate groups struggling for co-existence and achievement of a measure of cohesion and national integration. There are certain factors in India like linguistic […]
- [Rights of Persons with Disabilities: Making Inroads](https://lawzmagazine.com/2017/07/rights-of-persons-with-disabilities-making-inroads/): By Bharti Garg The discussion surrounding the dictionary definition of the word “disability”—the absence of competent physical, intelligent, or moral power, means, fitness, and the like—suggests it would be wide enough to encompass the entire humankind, given the old adage that “no one is perfect” and each person possesses some variant of a limitation. However, when confined to legal purposes, the state recognizes long-term physical, mental, and intellectual impairments that presumably put a person at a more disadvantageous position than others in following personal, economic, and social pursuits (e.g., disabilities related to speech, sight, movement, mental retardation, and mental illness). Because […]
- [Uniform Civil Code in India’s Enlightened Constitution](https://lawzmagazine.com/2017/07/uniform-civil-code-in-indias-enlightened-constitution/): By CBP Srivastava, President, Centre for Applied Research in Governance (CARG), Delhi In a democratic, constitutionalist, and enlightened constitution like ours, the state is obliged to treat its citizens equally, irrespective of religion, race, caste, sex, etc., in order to ensure that all citizens get uniform rights. However, whether such a uniformity is to be provided in personal matters has been a matter of debate. It is pertinent that a diverse and plural socio-cultural setting certainly requires personal laws for different groups and communities. Personal laws do play a very critical role in making communities participate in the politico-socio-cultural milieu, but […]
- [Triple Talaq: Is It Doing Away With It Really Going to Empower Muslim Women or Is Maintenance the Bigger Issue?](https://lawzmagazine.com/2017/07/triple-talaq-is-it-doing-away-with-it-really-going-to-empower-muslim-women-or-is-maintenance-the-bigger-issue/): By Bharti Garg There has probably been no concern as grave in the human rights crusade as the empowerment of women, and certainly no other failure as persistent as the one to successfully address the same. Long gone are the years when the role of woman was expected only within the precincts of the house, for now one can see some women having already made a considerable grade in unshackling themselves from the chains of patriarchy while others still continue to make relentless efforts in that direction. On the flip side, gone also are those years when she was viewed as […]
- [Andhra Pradesh Reorganization Act, 2014: A Brief Relook](https://lawzmagazine.com/2017/07/andhra-pradesh-reorganization-act-2014-a-brief-relook/): By Dr. Sailaja Petikam The President of India gave assent to the Andhra Pradesh Reorganization Bill, 2013 on March 1st, 2014. Subsequently, it was published in the Official Gazette for general information as the Andhra Pradesh Reorganization Act, 2014 (Act No. 6 of 2014). The main object of the Act is to provide for the reorganization of the existing State of Andhra Pradesh and for matters connected therewith. The Ministry of Home Affairs declared June 2nd as the appointed day in the Official Gazette on March 4th, 2014. Thereafter, on June 2nd, 2014, the State of Telangana was officially formed. The […]
- [Employment Law - Discrimination Against Females: UK Experience, Can It Be Followed in India](https://lawzmagazine.com/2017/07/employment-law-discrimination-against-females-uk-experience-can-it-be-followed-in-india/): By C.S. Raghu Raman, Asst. Professor, Law Faculty at AP & Telangana Judicial Academy, Hyderabad Employment Law – Discrimination Against Females: UK Experience and its Applicability in India By C.S. Raghu Raman, Assistant Professor, Law Faculty at AP & Telangana Judicial Academy, Hyderabad An employer may employ or may not employ anyone for whatever reason he wishes, including reasons based on the sex or race of that person, as the old common law principle of ‘freedom of contract’ applies equally to ‘contracts of employment.’ An equally important principle of employment law is that ‘jobs must be available to both males and […]
- [Real Estate & GST: Are We Heading Towards New Areas of Litigation](https://lawzmagazine.com/2017/07/real-estate-gst-are-we-heading-towards-new-areas-of-litigation/): By Altamush Zafar, CA at PL Tandon & Co. GST is finally going to become a reality with all the Acts and important rules being approved by the GST Council in its 15th Meeting. GST is conceived to be adopted from the existing tax laws, especially a lot of similarities can be drawn from current service tax. However, GST can be full of surprises, and some of the surprises can hit stakeholders hard. Here we will discuss some grey areas in GST law which can greatly impact the Real Estate Industry and its stakeholders. One of the reasons that GST is […]
- [Judicial Overactivism](https://lawzmagazine.com/2017/06/judicial-overactivism/): An opinion of H.G. Kulkarni, Principal, D.G.B. Dayanand Law College, Solapur Plato was of the view that the ideal form of Government is one in which there is concentration of Governmental power. Bodin, a modern political thinker, suggested that the function of administering justice should be entrusted to an independent authority. He pleaded for the separation of executive and judicial powers in the interest of better administration of justice. The French philosopher, Montesquieu further developed the idea of Bodin into a theory of separation of powers. He advocated division of governmental powers to be assigned to three organs: Legislative, Executive and […]
- [D-Day and the Role of Indian Men in Arms](https://lawzmagazine.com/2017/06/d-day-and-the-role-of-indian-men-in-arms/): By Anoop Bose, Advocate, Supreme Court of India India was the undisputed ‘Jewel in the Crown of the British Empire’. In 1901, George Nathaniel Curzon, 1st Marquess Curzon of Kedleston (better known as ‘Lord Curzon’), the prodigious Eton-educated Viceroy of India and ‘an imperialist heart and soul’ aptly pontificated, ‘As long as we rule India, we are the greatest power in the world. If we lose it, we shall drop straightaway to a third-rate power.’ During the Second World War, the British had unwavering hegemony over vast territories in India, including over five hundred autonomous Princely States. On 3rd September, 1939, […]
- [Necessity of Censorship in the Age of Internet](https://lawzmagazine.com/2017/06/necessity-of-censorship-in-the-age-of-internet/): By Bharti Garg The advent of internet has completely changed the way people interact and work in daily lives and brought the entire globe on one’s palms. Gradually, even the governments have started incorporating the facility of internet in their operations and dissemination of public services, which has ushered in the vibrancy of a participative population true to the character of democracy. Its utility has become so pervasive that the issues of illiteracy and equality in policy decisions has taken another colour, that of ‘digital illiteracy’ and ‘digital divide’. In fact, last year the UNHRC had passed a non-binding resolution condemning […]
- [Judicial Interpretations on Mass Media](https://lawzmagazine.com/2017/06/judicial-interpretations-on-mass-media/): By Dr. Sailaja Petikam The court has held that Section 3(1) of the Newspaper (Price and Page) Act, 1956 and the Daily Newspaper (Price and Page) Order, 1960 made thereunder were unconstitutional as being in violation of Article 19(1)(a). Levy of duty or tax on Newspaper Industry In Indian Express Newspaper v. Union of India [(1985) 1 SCC 641] the petitioner challenged the imposition of import duty and the levy of auxiliary duty on the newsprint on the ground of infringement of freedom of press as it imposed a burden beyond the capacity of the industry and also affects the circulation […]
- [Spain’s Infamous ‘Sun Tax’: Would It Pass the Test of Legality](https://lawzmagazine.com/2017/06/spains-infamous-sun-tax-would-it-pass-the-test-of-legality/): By Karan Tripathi Spain has imposed a support levy on the producers of solar energy in order to deflate the looming deficit in the energy sector of the country. The tax is supposed to help the government in cashing upon the growing demand for solar energy in order to run the government-operated grid. Spain’s energy sector has hit by a two-pronged attack — the decline in the investments in renewable energy sector and the rising rate of import of energy. In 2014, the government of Spain had withdrawn the subsidies from the renewable energy sector, a move which was a shift […]
- [Composition Levy in GST](https://lawzmagazine.com/2017/06/composition-levy-in-gst/): By Altamush Zafar, CA at leading accountancy firm, PL Tandon & Co. GST is round the corner and whole nation is waiting in great anticipation of what impacts it will have on their commercial setups. GST will dramatically change the way business is carried on by organisations of all sizes. In fact it is the small sized organisations which are more apprehensive about the implementation of GST and the procedural impacts it will have on their functions. It is an obvious fact that small sized organisations and businesses in the un-organised sector do not have the resources to maintain proper books […]
- [Q&A with Pavani Reddy](https://lawzmagazine.com/2017/06/qa-with-pavani-reddy/): Pavani Reddy ventured out of India to the UK in early 2000 to work as a junior lawyer at Zaiwalla & Co solicitors, founded by Mr. Sarosh Zaiwalla. She is now the Managing Partner at the firm. Being a lawyer working in a niche boutique international law firm, handling various high profile cases from across the world, she talks about how, as a woman, one needs to make twice the efforts to prove that they can do it too. Pavani Reddy tells us how it is how one should keep their interest and passion in the field of law alive, as […]
- [Compensation Regimes: Limiting Owner's Strict Liability to Pay](https://lawzmagazine.com/2017/05/compensation-regimes-limiting-owners-strict-liability-to-pay/): By Capt. A. K. Bansal The 1976 Convention on Limitation of Liability for Maritime Claims underlines the nature of Shipping as Maritime adventure. It provides for owner/operator to limit amounts payable, unless it is proved “that loss resulted from his personal act or omission, with intent to cause such a loss, or recklessly and with knowledge that such loss would probably result.” The 1989 International Convention on Salvage altered the principle of ‘no cure, no pay’ and provides for Special Compensation, up to 30% of salvor’s costs, which may be increased up to 100% by arbitrators if deemed worthy, as an […]
- [Taxability of the Rupee Denominated Bonds under Indian Law](https://lawzmagazine.com/2017/05/taxability-of-the-rupee-denominated-bonds-under-indian-law/): By Ankit Kumar Rupee denominated bonds (RDBs) or Masala Bonds these days are becoming more enticing, thereby attracting both the investors and issuers. With these bonds, India also stands at a profitable position. In normal circumstances, Indian corporate issues debt instruments to raise money from the Indian investors. In contrast to other debt instruments, masala bonds are innovative type of bonds, which are linked to rupee but issued to overseas investors. Indian government has introduced masala bonds so as to protect the investors from the currency risks. Housing Development Finance Corporation (HDFC) was the first Indian company which raised Rs. 5,000 […]
- [Plea Bargaining: An Analysis in Respect of the Indian Legal System](https://lawzmagazine.com/2017/05/plea-bargaining-an-analysis-in-respect-of-the-indian-legal-system/): By Ritwiz Harshvardhan It is truly said that justice delayed is justice denied. Indian judiciary is though fair, impartial, powerful and due to these features it has won the confidence of people. But the major problem is delay in dispensation of justice which often puts a question mark on the credibility of the judicial system. Nani Palkhivala, the famous Indian jurist, has also said that “the biggest problem in administration of justice is delay in deciding the cases”. He also quoted that law may or may not be an ass but in India it is a snail and our proceedings proceed […]
- [Legality of Non-Taxation Proposals in Finance Bill](https://lawzmagazine.com/2017/05/legality-of-non-taxation-proposals-in-finance-bill/): By C.B.P. Srivastava, President, Centre for Applied Research in Governance (CARG), Delhi The Finance Bill, 2017-18 recently passed by Parliament has raised eyebrows mainly on the ground that it did not strictly relate to ‘Money’, thus undermining the institutional checks and balances. In a bicameral legislature, generally powers are equitably distributed between the two houses of Parliament and a system of checks and balances is institutionalized. However, in India, which is established as a Union of States under Article 1 of the Constitution, the tilt is towards Lok Sabha, the directly elected House representing the Union. On the basis of the […]
- [Legal Service: An Indispensable Part of Legal System](https://lawzmagazine.com/2017/05/legal-service-an-indispensable-part-of-legal-system/): By Dr. Sailaja Petikam The concept of legal aid should not be considered as extraneous and foreign to our legal system but as an essential part of it. It is neither a charitable sentiment nor an idle dream or a utopian project. It is an organic and real function of the administration of justice. It is an effective mode of imparting social justice, which means real justice in society. This must be considered vital for furtherance of social solidarity and national integration of different sections of Indian Community. It is to be seen as the legal commitment of the State to […]
- [Importance of Intersectionality in Gender-Centric Discourses](https://lawzmagazine.com/2017/05/importance-of-intersectionality-in-gender-centric-discourses/): By Dr. K. Rajani Kumari The recent debate on the abolition of triple talaq, initiated in the case of Shayara Bano v. Union of India, has once again opened the Pandora box which was hitherto unlocked in 1985 after the Supreme Court’s judgment in Shah Bano case and urgently closed by the then government to lie mostly undisturbed for 30 years. This voice has now been raised by a woman against the arbitrary laws of her community which had been drafted to cater to the wishes of men. While the nation is involved in a passionate discourse on protecting the ‘Muslim […]
- [The Indo-China War of 1962 and the Role of the United States under the Stewardship of President Kennedy](https://lawzmagazine.com/2017/04/the-indo-china-war-of-1962-and-the-role-of-the-united-states-under-the-stewardship-of-president-kennedy/): By Anoop Bose, Advocate, Supreme Court of India The relations between India and the United States reached their highest point during President John Fitzgerald Kennedy’s tenure that witnessed the historic genesis of the ebullient ‘Nehru-Kennedy Spirit’. Welcoming our first Prime Minister Pandit Jawaharlal Nehru on his fourth visit to the United States at the Andrews Air Force Base, Maryland, on 6th November 1961, just a year before the Indo-China war, Kennedy said: “India and America are separated by half the globe, but I think that you are aware, as you surely must have been aware, during the long days of your […]
- [Reflections on Female Foeticide](https://lawzmagazine.com/2017/04/reflections-on-female-foeticide/): By Dr. Divya Tiwari The problem of female foeticide is a challenge to humanity. An act leading to the death of a female foetus. The blatant act of emphasizing preference for a boy. This phenomenon has existed for centuries now and the Asian region is culturally and socially more engulfed in it. However, our concern will be about the problem — ethical negligence observed by the spectators and the participants both. We need to examine how it is persisting in India. It is more than obvious that such acts of murder should be subject to an ethical scrutiny to place the […]
- [Geographical Indication](https://lawzmagazine.com/2017/04/geographical-indication/): By Dr. Sailaja Petikam In respect of any agricultural goods, natural goods or manufactured goods or any goods of handicraft or goods of industry including foodstuff, there was no specific law governing geographical indications of such goods which could adequately protect the interests of producers of such goods. To prevent unauthorized persons from misusing geographical indications would protect consumers from deception and would add to the economic prosperity of the producers of such goods and would also promote goods bearing Indian Geographical Indications in the export market. Geographical Indication is an intellectual property right equal to trademarks, designs or patents. In […]
- [GST & Registration: What the Importance of Registration Is for All Those Affected by the GST](https://lawzmagazine.com/2017/04/gst-registration-what-the-importance-of-registration-is-for-all-those-affected-by-the-gst/): By Altamush Zafar, CA at PL Tandon & Co. Registration is a very important aspect in any tax law. It affects our procedural compliances and how we are assessed. Therefore, it is very important at the time of registration to determine under which category registration should be taken or whether registration should be taken or not where an option is involved. Goods and Services Tax is finally becoming a reality in our country. Though it is still in its drafting stage it is worth understanding its provisions and implications. The following are provisions relating to Registration under the Revised Model GST […]

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- [About Us](https://lawzmagazine.com/about-us/): About LawZ magazine A comprehensive monthly law magazine launched in August 2001, LawZ was created to make the legal field accessible, engaging, and relevant to everyone, moving beyond the language of traditional court journals. Bridging the gap between the Indian legal system and global perspectives, the publication is designed for both legal professionals and readers with no formal legal background. Its readership spans Supreme Court and High Court judges, the Bar Council of India, prominent law firms, major Indian corporations, multinational companies, government agencies, and embassies. As a benchmark and trailblazer in legal journalism, LawZ continues to redefine how legal news […]
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