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Corporate Criminal Liability: Corporate
criminality challenges or nags at our sense of reality. It is this
characteristic that makes corporate crime a tricky issue. The
development of corporate criminal liability has become a problem which a
growing number of prosecutors and courts have to deal with at the
present time. In the common law world, following standing principles in
tort law, English courts began sentencing corporations in the middle of
the last century for statutory offenses. On the other hand, a large
number of European continental law countries have not been able to or
not been willing to incorporate the concept of corporate criminal
liability into their legal systems. The fact that crime has shifted from
almost solely individual perpetrators only 150 years ago, to
white-collar crimes on an ever increasing scale has not yet been taken
into account in many legal systems. At the same time, crime has also
become increasingly international in nature....
Women and Violence: Violence affects
the lives of millions of women worldwide, in all socio-economic and
educational classes. It cuts across cultural and religious barriers,
impeding the right of women to participate fully in society. Violence
against women takes a dismaying variety of forms, from domestic abuse
and rape to child marriages and female circumcision. All are violations
of the most fundamental human rights....
A Study of Contract Labour (Regulation and
Abolition) Act, 1970: In the present day world globalization
is increasing at a very high pace and it is resulting in profit oriented
economies which in turn leads to the promotion of contract labour.
Recognition of Equality Marriage:
Marriage is an eternal bond, the essence of family. In most parts of the
world, the idea of marriage is confined strictly to union of two
biologically different sexes, one man and one woman, the basic formula
for propagating the species. But in some cultures, marriage has broader
meanings. In India, it's not uncommon for children as young as 10 years
old to wed. In Africa, polygamy is still the norm in many countries.
Is India Geared Up For Business Method Patent:
Today technology is changing expeditiously. New technical inventions are
taking place in huge number. These new inventions open new field of
subject-matter for protection under Intellectual Property Law.
Intellectual Property law gives an umbrella protection to new inventors.
Patent provide protection for those line of process...
Examination in chief: Is one of the
most subtle and sophisticated forms of advocacy. It is subtle because a
good chief examination focuses entirely on the witness and their
evidence. The evidence should appear to be flowing effortlessly from the
witness. It should look easy. Whereas the witness should be memorable
India’s
FDI Policy in Trading & Retailing Sector: An Insight: India has
developed very comprehensive and open policy towards Foreign Direct
Investment (‘FDI’). Since the inception of economic reforms in early
1990s, substantive reforms have been initiated in the field of
investment, trade, financial sector, exchange control simplification of
procedure, enactment of competition and intellectual property rights,
etc,. Present India provides a liberal, attractive, and investor
friendly investment climate...
"Rape"-Texual or Psychological: The need to change
Section 375 of the IPC, 1860:
Sexual harassment and rape are two sides of the same coin. Both showcase
the power of man to dominate that of women. Both have one victim-
‘women’. Both are barbaric in nature; but many people do not take sexual
harassment to be rape, just because the victims are not physically
harmed, whereas in rape, the victim is ravished like an animal for the
fulfillment of desire and lust of another man. Yet, both have the same
object- to undermine the integrity of the victim, physically as well as
mentally
Medical malpractice: is an act of
negligence committed by a medical provider, a physician in most
situations. It is defined as doing something a medical provider of
ordinary skill would not have done, or failing to do that which a
medical provider of ordinary skill would have done..
Silence Of The Lambs - Article 20(3) In
Administrative Proceedings: It is always a good idea in most
circumstances to begin at the beginning. And the beginning of the right
against self-incrimination lies in the seventeenth-century trial of John
Lilburne, a Puritan agitator who when put on trial refused to take an
oath requiring him to answer questions posed to him truthfully and was
as a result whipped and pilloried . Subsequently, the punishment was
declared illegal and the Star Chamber was abolished...
Separation Of Powers: There are three
distinct activities in every government through which the will of the
people are expressed. These are the legislative, executive and judicial
functions of the government. Corresponding to these three activities are
three organs of the government, namely the legislature, the executive
and the judiciary.
The Antiquated Shackles of Adultery:
The dying voices analyzing and criticizing every aspect of the law have
risen again. The insistence of the National commission for women and the
report of the Madhav Menon committee have breathed a new lease of life
in the dying controversy.
Negotiable Instruments Act, 1881 on Dishonour of
Security Cheques: Cases of cheque bounce are not uncommon
these days. In most of the transactions be it re-payment of loan or
payment of fees for business purpose, payments are made by cheque.
Amendability of Indian Constitution with Reference
to Fundamental Rights: Keshavananda Bharti V. State of Kerela
provided the best explanation as to the scope and definition of the word
Amendment It purported that A broad definition of the word Amendment
will include any alteration or change...
Commercial Sex Workers: The law to
tackle prostitution i.e., the Immoral Traffic Prevention Act ( ITPA),
1956 is often misused. Today sex worker's unions have been formed.
However, little has been and is being done to regulate or prohibit flesh
trade, estimated to be a Rs. 2000 crore industry annually.
SURVEYORS- Link between Insurer and Insured:
The insurance business operates on the principle of indemnity, that is,
putting the customer in same position financially in which he was before
the loss happened. As there is a tendency on the part of customer, to
benefit out of an insurance transaction...
Summary Court Marital And The Indian Judiciary:
The Indian Army is still following the system of military justice it
inherited from the British though the law in the UK has changed to deep
pace with the modern practices of justice. The right of the individuals
enshrined in the Indian Constitution is not reflected in the laws that
govern the personnel of the armed forces.
Nemo in propria causa judex, esse debet / The Rule
Against Bias: no one should be made a judge in his own cause.
It is popularly known as the rule against bias. It is the minimal
requirement of the natural justice that the authority giving decision
must be composed of impartial persons acting fairly, without prejudice
and bias.
Preamble A Part of The Constitution or Not:
Berubari case was the Presidential Reference Under Art. 143(1) of the
Constitution of India on the implementation of the Indo-Pak agreement
relating to Berubari union and exchange of enclaves
Vague and Uncertain Insurance Policy:
apex Court has given several decisions held that in case the terms and
conditions of an insurance policy is vague, it would be the duty and
liability of the insurer to make it clear that the claim filed before it
falls within the purview of the exclusion clause of the policy. Means if
any kind of ambiguity is found in the terms and conditions of an
insurance policy, the same shall be understood for the benefit of
insured and the contract of insurance shall be construed in favor of the
insured.
Nemo in propria causa judex, esse debet - THE RULE
AGAINST BIAS: The rule against bias strikes against those
factors which may improperly influence a judge against arriving at a
decision in a particular case
Child Witness: To determine the
question of competency courts, often undertake the test whether from the
intellectual capacity and understanding he is able to give a rational
and intelligent account of what he has seen or heard or done on a
particular occasion. Therefore it all depends upon the good sense and
discretion of the judge.
Summary Court Marital And The Indian Judiciary:
The Indian Army is still following the system of military justice it
inherited from the British though the law in the UK has changed to deep
pace with the modern practices of justice. The right of the individuals
enshrined in the Indian Constitution is not reflected in the laws that
govern the personnel of the armed forces.
Motive Preparation and Previous or Subsequent
Conduct: The current article deals with the topic Motive,
Preparation and Previous or Subsequent Conduct which finds specific
reference in Indian Evidence Act of 1872 (hereinafter referred to as the
Act). From the phrase Motive, Preparation and Previous or Subsequent
Conduct, it becomes apparent that this phrase is made up of certain
segments like Motive, Preparation, Previous and Subsequent conduct. It
is thus necessary to ensure that each of these parts have been
separately dealt upon and efforts have been made to establish their
interrelation along with their significance as being relevant evidence
under the act. In the current article necessary attention has been paid
up to ascertain the above proportion.
Special Economic Zone - Myth & Reality:
Special economic zone or SEZ refers to a totally commercial area
specially established for the promotion foreign trade. A Special
Economic Zone (SEZ) is a geographical region that has economic laws more
liberal than a country's typical economic laws. Usually the goal is
flourishment in foreign investment.[1] In other words SEZs are
specifically delineated enclaves treated as foreign territory for the
purpose of industrial, service and trade operations, with relaxation in
customs duties and a more liberal regime in respect of other levies,
foreign investments and other transactions.[2] These regions exists in
many countries of the world and China perhaps the oldest to give reality
to this concept. Although they exist in several countries, their
attributes vary. Typically they are regions designated for economic
development oriented toward inward FDI and exports fostered by special
policy incentives.
Constitutionality of Constitutional Amendment:
Present Article involves very wide variety of Constitutional issues into
it. It covers constitutionality of a Constitutional Amendment. It also
involves the extent to which the Parliament has the power to amend
Constitution. It tries to see Constitutional Amendment in the light of
following Basic Structure. And also looks at concept of Pith and
Substance as to whether a law enacted for purposes of enforcing D.P.S.P.
u/A.39 can be declared valid if it is able to establish a nexus with
A.31 C of Constitution.
Custody Under Hindu, Muslim, Christian And Parsi
Law’s: Child custody is a term used in family law courts to
define legal guardianship of a child under the age of 18. During divorce
or marriage annulment proceedings, the issue of child custody often
becomes a matter for the court to determine. In most cases, both parents
continue to share legal child custody but one parent gains physical
child custody. Family law courts generally base decisions on the best
interests of the child or children
Guardianship Under Hindu, Muslim, Christian And
Parsi Laws: Under the Hindu Minority and Guardianship Act,
1956, S. 4(b), minor means a person who has not completed the age of
eighteen years. A minor is considered to be a person who is physically
and intellectually imperfect and immature and hence needs someone's
protection. In the modern law of most countries the childhood
Waman Rao Vs Union of India-Certaining the
Uncertainty; An Analysis:
Here the case under deliberation is Waman Rao Vs Union of India (AIR
1981, Supreme Court, 271). While dealing with this very case it has been
chosen the following steps to give a final touch of the article namely
Data Protection Law In India:
Maintaining of data bases is not as much difficult task as maintaining
its integrity, so in this era the most concerned debate is going on to
innovate a perfect method of data protection. With the advancement in
technological development, there took place a transition in the standard
of crimes. In the present era most of the crimes are being done by the
professionals through the easiest medium i.e. computers and electronic
gadgets. Just by the single click, the criminals are able to get the
secured information. The lust of information is acting as a catalyst in
the growth of cyber crimes.
Power To Tax In Territorial Waters:
The power of Sales tax on the sale of goods within state vests in State
Govt. subject to Entry 92-A and Art. 286. With regard to this a question
has arisen before Supreme Court, who has the power to levy tax on goods
in territorial water. The issue was raised in a petition filed by the
Great Eastern Shipping Company, aggrieved by a Karnataka High Court
order that upheld the state Government’s decision to levy tax on goods
in territorial waters adjacent to its coastal line.
42nd Constitutional Amendment: A Draconion Act of
Parliament:
The above statement of the Hon’ble judge appears to be an irony in 42nd
Constitutional Amendment in India of democratic mysteries under the rule
of the said sovereign; The Parliament. It is ultra Vires of Parliament
to make laws seeking any amendment of the constitution which would
infringe, restrict or diminish rights of individuals. The constitution
was to be amended to strengthen the strands of the seamless web but
stretched nearly to the breaking point. The Constitution (Forty Second
Amendment) Act 1976 "is responsive to the aspirations of the people, and
reflects the realities of the present time and the future" Democracy had
been abolished indefinitely, possibly forever. Above all, the importance
of fundamental rights was greatly devalued.
Exchange of organs or Exchange of Money? People
don't give a damn to Religion: In today’s world, the scarcity
of human organs cumulates in lethal cases, which could be saved
otherwise. In other words lack of human organs causes preventable deaths
Government Contracts: Today the state
is a source of wealth. In the modern era of a welfare state,
government's economic activities are expanding and the government is
increasingly assuming the role of the dispenser of a large number of
benefits
The Living Mother of the Dead: Waiting Blindly in
Search of Justice!: Were custodial deaths, ‘lathi charge’,
invasion of Right to Freedom of Movement etc. not satisfying the desires
of the Men- In- Power that now they have proceeded towards the
perpetrations of more heinous crimes---yes, ‘crime’ is an apt word, the
crime of killing someone out of rage and malice, the crime to invade the
Right to Life of an individual
S.45 of Law of Evidence and its Lacunas:
In simple language if we look at the phrase Expert Opinion and try to
analyse it then it means that an opinion which is given by a person who
is expert in a particular field, may it be science, art, law or any
other technical field. And, this concept is envisaged by S.45 of Indian
Evidence Act, 1872
Freedom of Press: The right to freedom
of expression is probably the most universally accepted human
right.[1]The freedom of the press is considered to be the most important
right which must be protected in a democratic society. This freedom can
only be available in a society where there is a right to free speech and
expression. Similarly, the freedom of information can be enjoyed only if
there are sources from which information can flow
Application of lex mercatoria in International
Commercial Arbitration:
The term ‘lex mercatoria’ derives its root from the body of trading
principles used by merchants throughout Europe in the medieval times .
In recent decades in has been regenerated as a sort of international
commercial law which displaces the use of national law in international
transactions. The idea of applying national laws to international
commercial arbitrations has always been an uninvited idea as it denied
the parties of the freedom of choice of law which is one of the basic
tenants of a party going for arbitration.
Female Foeticide: Need To Change The Mindset Of
People
The social, cultural and religious fiber of India is pre-dominantly
patriarchal contributing extensively to the secondary status of women.
The patrilineal social structure based on the foundation that the family
runs through a male and makes male a precious commodity that needs to be
protected and given special status
I.R. Coelho v. State of Tamil Nadu: A Judicial
Challenge: The Gudalur Janmann Estates (Abolition and
Conversion into Ryotwari), Act, 1969, in so far as it vested forest
lands in the Janman estates in the State of Tamil Nadu, was struck
down by the Court in Balmadies Plantations Ltd and Anr. v. State of
Tamil Nadu
R. Cohelo Vs. State Of Tamilnadu: An Analysis Of The Case Relating To 9th Schedule Under Indian Constitution:
The judgement in this case put an end to the politico-legal controversy by
holding the Parliament’s amending power subject to Judicial Review in line with
Kesavananda Bharti’s decision that the violation of Doctrine of Basic
Structure will never to tolerated
Overview of Fringe benefit tax and emphasis on its constitutional
validity: The fringe benefit tax rules proposed in the Budget by the
finance minister are modeled on the Australian system. With the only
difference that fringe benefit tax is proposed to be taxed at between 10
per cent and 50 per cent in India, whereas in Australia it is taxed at a
flat rate of 60%
Household Savings: Gross Domestic Savings[1] in India has shown a
steady and substantial rise from the 1950s along with the rise in
income. As per Indian National Accounts, Gross Domestic Savings includes
current transfers from Indian emigrants and net factor income from
abroad.
Law & Morality : Moore’s Philosophy: n general view morality is the
quality of being in accord with standards of right or wrong conduct. M.S
Moore also thinks in the same way. Morality, for him speaks of a system of
behavior in regards to standards of right or wrong.
Appeals from Original Decrees: The expression appeal has not been
defined in the Code of Civil Procedure 1908. It is an application or
petition to appeal higher Court for are consideration of the decision of
appeal lower court.
Winding Up of a Company - A different Legal Perspective: Winding-up in
literal sense, means to bring to a conclusion or an end by putting in
order.[1] It is defined as the process by which the life of a company is
ended and its property is administered for the benefit of its members and
creditors[2]. Winding-up is different from insolvency and dissolution[3].
The Act provides for three kinds of winding up
Brokers: The stock markets in India are governed by the provisions of
Securities and Exchange Board of India Act, 1992. The Securities Exchange
Board of India constituted under SEBI Act
Interpretation Of Polluter Pays Principle (PPP) In India: Polluter
Pays Principle has become a popular catchphrase in recent times. 'If you
make a mess, it's your duty to clean it up'- this is the main basis of
this slogan
Working of Statute of Legal Aid in India
: Whatever standards a man chooses to set for himself, be they religious,
moral, social or purely rational in origin, it is the law which prescribes
and his rights and duties towards the other members of the community
Insurance Companies: Insurance Act came into force on July 1, 1939 to
consolidate and amend the law relating to business of insurance both of
life and general insurances; this replaced earlier Life Assurance
Companies Act, 1912 and Provincial Insurance Societies Act, 1922 which
were only in respect of Life insurance.
Democracy of Judicial Remedies: THE DAWN of the modern era of human
rights culture was signaled by the Proclamation by the General Assembly of
the United Nations of the Universal Declaration of Human Rights in 1948
Protection against ex-post-facto laws: An ex-post-facto law is a law
which imposes penalties retroactively, that is, upon acts already done, or
which increases the penalty for the past acts
Winding Up of a Company: A company may be wound up voluntarily at any
time after passing a special resolution. But where the articles provide
foar a period on expiry, which the company is to wound up and that period
has expired
Appeals: person aggrieved by appeal decree is not entitled as or right
to appeal from decree. The right to appeal must be given by statute.
Section 9 confers on appeal litigant, independently
Ad Hoc And Institutional Arbitration: Arbitration may be defined as
the process by which a dispute or difference between two or more parties
as to their mutual legal rights and liabilities is referred to and
determined judicially and with binding effect by the application of law by
one or more persons (the arbitral tribunal) instead of by a court of law
Trademark Protection in India: Trademark provides protection to the
owner of the mark by ensuring the exclusive rights to use in to identify
the goods or services or authorize another to use it in return of payment.
It works like a weapon in the hand of registered proprietor or owner of
the mark to stop other traders from unlawful use of the mark of the
registered owner. Under section 28 of the Act
Causes For Introduction of Article 21A: Poverty is inextricably linked
to economic, social and political inequality. The poor are more vulnerable
to events they cannot control. They are less able to diversify their
income sources
185th Report of the Law Commission of India: There are certain
recommendations made by the Commission which attain significance as they
seek to update the Act after the change in position or appreciation of the
principles, as affirmed by the Courts and authors
Internet Linking Stride Of Copyright With Technology: The Web has
experienced dramatic growth in recent years, and has transformed the
Internet from a primarily passive environment used for email, newsgroups
and mailing lists, to an interactive, user enabled universe filled with
vast amounts of information
Amendment of Indian Constitution - Article 368: The Constitution of India
lays down the framework on which Indian polity is run. The Constitution
declares India to be a sovereign socialist democratic republic, assuring
its citizens of justice, equality, and liberty. It was passed by the
Constituent Assembly of India on November 26, 1949, and came into effect
on January 26, 1950. India celebrates January 26 each year as Republic
Day. It is the longest written constitution of any independent nation in
the world, containing 395 articles and 12 schedules, as well as numerous
amendments, for a total of 117,369 words in the English language version.
Besides the English version, there is an official Hindi translation.
Domicile of A Pseudo-Foreign Corporation: A Comparative Study Between
American And Indian Position: Following on the success of the corporate
model at a national level, many corporations have become transnational or
multinational corporations: growing beyond national boundaries to attain
sometimes remarkable positions of power and influence in the process of
globalizing. The typical transnational or multinational may fit into a web
of overlapping ownerships and directorships, with multiple branches and
lines in different regions, many such sub-groupings comprising
corporations in their own right.
Domain Tasting - A Profiteering Venture: Domain Name Tasting (usually
called as Domain Tasting) is a profit making practice by systematically
exploiting add-grace period (refers to a specified number of days during
which a domain name registration may be cancelled at no cost) to gain
access to domain names at no cost.
Personal Dignity: Dignity is a universal human concern. Its moral agenda
is to attempt a double kind of evaluation of the individual community on
the one hand and the entire social formation on the other.[2] Today
various forces challenge the basic dignity of the people all over the
world.
Consumerism in the Globalize world: It would be in fitness of the fact to
recall the greatest of Arab historians, Ibn Khaldun saying: That in
civilization there is a limit that cannot be overstepped. When prosperity
and luxury come to a people, they are followed by excessive consumption
and extravagance, with which the human soul itself is undermined, both in
its worldly well-being and in its spiritual life,[1] particularly in
context of globalization, liberalization and consumerism in India. This is
what happening in India under the auspices of MNCs and trade policies of
developed countries which are supposedly formulated to devour the third
world consumer kingdom.
Right to Food and Development: In 1987 a report titled The Right to
Food as a Human Right became the starting point for a series of
investigations into the rights contained in the International Covenant on
Economic Social and Cultural Rights (hereinafter referred to as the ICESCR)
498A - A Critical Analysis: Indian Penal Code 498A, which defines the
offence of matrimonial cruelty, was inserted into the IPC by an amendment
in 1983. Offenders are liable for imprisonment as well as a fine under the
section and the offence is non bailable, non-compoundable and cognizable
on a complaint made to the police officer by the victim or by designated
relatives
Cross Border Mergers And Takeovers: Businesses were competitive
locally expanded to the national arena. Competitiveness in the national
arena is now forcing business to go global.
Police Firing - Perceiving the Sovereign Accountability: The conduct
of the police is an important indicator of the state of governance, and
their performance can significantly shape the social well being of
nations. What distinguishes, good from bad policing is the commitment to
protect the civil and political
Copyright and the Language of Property: Over-zealous copyright laws
have an adverse effect on the freedoms of consumers and creators to make
use of copyrighted material. By ascribing the characteristics of tangible
property to intangible property, copyright laws are fomenting an
intellectual land grab, as values of intangibles increase and authors seek
maximum copyright protection
Application of Income: A cursory perusal of the S.60 of the Act will
make it clear that unless there is transfer of the assets from which the
income arises, the income arising from that asset will be included in the
income of the transferor for computation of tax. The issue in Life
Insurance Company v. Commissioner of Income Tax, Bombay City was whether,
under S.28 of the Life Insurance Corporation Act, 1956
Plea Bargaining - A Practical Solution: The practice of what has come
to be known as ‘plea bargaining’ has been the subject of considerable
debate over the last few decades. In Canada, the discussion has centered
on the exact nature of the practice and on the term by which it should be
known. In 1975, the Law Reform Commission of Canada defined ‘plea
bargaining’ as ‘any agreement by the accused to plead guilty in return for
the promise of some benefit’.
Right To Know And Right To Information: In India, the movement for the
right to information has been as vibrant in the hearts of marginalized
people as it is in the pages of academic journals and in the media
Right To Information, Tool In The Hand Of Public:
Real Swaraj will come not by the acquisition of authority by a few but by
the acquisition of capacity to resist authority when abused.
Right to Information and its implementation through social group work:
If you have knowledge, let others light their candles by it. This is the
philosophical underpinning of the freedom of movement. Freedom of
information and in particular, the right of access to information held by
public bodies, has attracted a substantial amount of attention recently.
In the past several years
Right To Information: Under the terms of the Act, any person may
request information from a "public authority" (a body of Government or
instrumentality of State) which is expected to reply expeditiously or
within thirty days
Silence Of The Lambs - Article 20(3):
The derivation of the concept of self incrimination has its legal sources
laid down in the American and English jurisprudence that no one shall be
compelled to give testimony which may expose him to prosecution for crime
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