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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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