Vol. 1 Number II
Critical Analysis of Corporate Governance : Worldwide
Dr. C. P. Gupta
The expanding reach of computers and the internet has made it easier for people to keep in touch across long distances and collaborate for purposes related to business, education and culture among others. However, the means that enable the free flow of information across borders also give rise to a worryingly high incidence of irresponsible behavior. Any technology is capable of beneficial uses as well as misuses.
Payment of Gratuity Act, 1972 is a boon to Teachers working in Private Educational Institutions’ - An Analysis
Nirmal Singh Heera
THE PAYMENT OF GRATUITY ACT, 1972 (ACT NO. 39 OF 1972) is an Act to provide for a Scheme for the payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments and for matters connected therewith or incidental thereto – in Ahmedabad Pvt. Primary Teachers' Association vs. Administrative Officer and Ors. the Hon’ble Apex Court held that “teachers are not covered in the definition of 'employee' in Section 2(e) of the Act of 1972 as such they were not entitled to gratuity – Hence amendment made in the Act of 1972 to include Teachers in the definition of employee – In this article, the author is going to analyse whether teachers working in private educational institution are entitled to payment of gratuity or not.
Trans Pacific Partnership Agreement- IP Chapter and India’s Leverage
The Trans Pacific Partnership Agreement (TPPA) is being negotiated in utter secrecy between 12 countries. It has become a US conceived agreement. The most critical chapter of TPPA is the chapter relating to IPR. This paper highlights the key provisions of IPR chapter of TPPA by comparing them with TRIPS provisions. The paper has a special emphasis on the advantages that India is having and how it can utilize those advantages for participating in TPPA negotiations and changing things around.
Constitutional Provisions and Environment Protection in India : A Legal Insight
Atrayee De & Vedant Madhok
Our constitution is not an inert but has grown and evolved over the years. In the Indian scenario, environment protection, has not only been raised to the status of fundamental law of the land, but it has also been webbed with human rights approach and is now considered as a well-established fact that it is the basic human right of every individual, to live in a pollution free environment with complete human dignity. The preamble to our constitution provides for a socialist society which promotes environmental protection.
Ten Judgments that Adjudged the Vices of India (Book Review)
10 Judgments That Changed India (2013). By Zia Mody, Penguin Books India Pvt. Ltd., 11 Community Centre, Panchsheel park, New Delhi 110 017, India. Pp. xvi + 240. Price Rs. 399/-
The book under review, 10 Judgments- That Changed India, as the name suggests, is an anthology of the ten very selected constitutional judgments backed by and supported with several other decrees given by the court at the apogee of courts- the Supreme Court of India, making the book a compendium of one of a kind in itself.
Redeeming Humanity in Prisons: International Board to Supreme Court’s Creativity
Meghna Kashyap & Muktesh Swamy
In India a trip to the police station is considered as entering the gateways of hell. Getting arrested means every unimaginable consequence suddenly becomes plausible. For persons behind the bars, Themis’s sword become blunt, her scales no longer balanced and her blindfold covers all her senses. This isn’t an exaggeration of circumstances that persists rather unfortunately, this is a true scene behind the criminal legal system in India, where there is a huge difference between what is printed in black and white and what is living in the society. This article tells the story of such deaths, torture and inhuman treatment committed on people accused of criminal acts and several tools which have been devised to maintain human dignity and rights.
Access to Justice- A Boon and Its Barriers
The veracity behind the cliché Justice Delayed is Justice Denied has a standing even in present times when although various measures have been evolved to rectify the issue at hand, something still remains amiss. When we talk of justice in the broader sense, we have to bear in mind the definition given in Justinian’s Corpus Juris Civilis which states that “Justice is constant and perpetual will to render to everyone that to which he is entitled.” Thus, the rights guaranteed to persons are inherent in the very notion of justice. Given that justice is defined in terms of rights, the access to justice, if most simply put, it would include the ability of any person to approach the appropriate authority and effectively claim the enforcement of rights.
A Breath of Fresh Air for Serious Fraud Investigation Office? – A Critique of Provisions under Companies Act
Established by a Government of India resolution dated 2nd July 2003, the Serious Fraud Investigation Office has surely come a long way. The organisation has investigated some of the most important and high profile scams that have rocked the nation. This paper can be called a primer on the SFIO as it not only speaks on the law applicable as the title suggests, but also provides inputs on as what is the SFIO and why was it incorporated in the first place.
Transcending previous boundaries in South Asia: A multi- collaborative approach
Co-operation is the fulcrum of South Asian community, that one factor which integrates and creates a balance of power among the member countries. The paper is a research reflection on the existing and potential socio-economic areas in which sub-regional cooperation can be worked out successfully in order to promote regional stability and peaceful co-existence in the South Asian region. Transport, Trade, Energy and Information & Communication Technology are few areas wherein co-operation exists already but needs to be further augmented.
Relevance and enforceability of Pre- Incorporation Contracts of a Company
According to Indian laws, “company” means a company incorporated and registered in accordance with law. In other words, it is only after a company has been duly “registered” that it is recognized as a company in Indian law. Therefore, prior to the formal incorporation of the company, the “association of persons” is not considered to be a separate legal entity. Prior to the incorporation of the company, there is a need to promote the functioning of the company. Promoters will be obligated to make adequate arrangements in order to ensure the smooth beginnings of the company.
Clinical Legal Education and Providing of Free Legal Aid in Educational Institution: A Socio-legal Study
Gopa Chandra Mandal
The vision of legal education is to provide justice oriented education essential to the realization of values enshrined in the Constitution of India. The purpose of the Preamble to the Constitution of India is to secure to all its citizens social, economic and political justice; liberty of thought, expression, belief, faith and worship; equality of status and of opportunity, and to promote among them all fraternity so as to secure the dignity of the individual and the unity and integrity of the Nation.
Intellectual Property and sports
According to WIPO, “Intellectual Property refers to creations of the mind; inventions, literary and artistic works, and symbols, names, images and designs used in commerce.” The global intellectual property apparatus has been designed to ensure a creator’s monopoly on the use or sale of his/her invention. The inventor could be a writer, a musician, a scientist or as in this case, a sportsman, inventing a new move or a method concerning his respective sport.
Enforcement of International Humanitarian Law and it’s challenges
Article 1 of the Geneva Conventions provides that States parties undertake to “ensure respect for the present Convention”. The same provision is repeated in Additional Protocol I in relation to respect for the provisions of that Protocol. It further provides that in the event of serious violations of the Protocol, States parties undertake to act, jointly or individually, in cooperation with the United Nations and in conformity with the Charter of the United Nations. A similar provision is included in the Second Protocol to the Hague Convention for the Protection of Cultural Property.
Sexual Harassment of Women at Workplaces
Shriya Badgaiyan & Arnab Chakraborty
Sexual harassment is bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In most modern legal contexts, sexual harassment is illegal."It is unlawful to harass a person (an applicant or employee) because of that person's sex." Harassment can include "sexual harassment" or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. The legal definition of sexual harassment differs by jurisdiction. Sexual harassment is subject to a directive in the European Union.
Public Kissing as a Form of Protest
Yagya Srivastava & Palak Singh
This paper analyses the position of the laws related to obscenity in India. The focus is on the ‘kiss of love’ campaign. Any decision of the court on the matter shall have far reaching effects and not be limited to the act of kissing alone. There has been a long standing debate on the legality of PDA(public display of affection), whether it is a legitimate manner of the exercise of freedom of expression or whether it falls under the category of reasonable restrictions. The matter is sub-judice before the Kerala High Court. Obscenity is a term, subjective in nature. It is subjective with respect to the people as well as the era of the commission of the act. This paper therefore seeks to analyse the legality of the act of kissing and also brings to light the various factors or settled principles which the court shall have to refer to before arriving at a conclusion. The paper has been divided in three parts. The first part gives a brief introduction about the circumstances which led to the campaign. The second part deals with the present obscenity law, the third one with the sudden transformation in the method used to determine public obscenity and finally the fourth part reflects on the other relevant aspects related to the topic.
Issue: Right to Equality in India vis-à-vis Reservations in Favour of Backward Classes
The Constitution guarantees equality to all citizens and establishes a rule of nondiscrimination by the state in any manner. The concept of equality like law, evolves over time. It evolves progressively into new patterns and expands itself to new dimensions. What may have been considered “equal” at the time of framing the Constitution of India may be considered unjust now. Reservation in today’s world should purely be based on economic conditions of individuals. In the current scenario, the kind of reservation policy our government follows does nothing but divides the society. The need is to provide aid to those who have minimal resources. However, the theme of reservations has come up importantly in open debates constantly since the recommendations of the Mandal Commission Report were sought to be implemented in 1991. This paper looks at some of the more important chronological, constitutional and lawful moments in the development of a reservations procedure in India.
Human Rights of Prisoners the forgotten Women: Female Prisoners- The reality and desired improvement
Harshita Agarwal & Niyati Saxena
The theme of the paper that the authors have selected conceptualises under the domain of Human Rights of Women Prisoners. The objective behind this paper is to consolidate sound information on women prisoners along with the hardships undergone by them & more importantly providing practical suggestions for rectifying the same.
Prostitution: The Red Light Area of Law
Shipra Sinha & Shiva Kumar
The oldest, the richest yet the filthiest considered profession of today’s era is prostitution. When it began, where it began are the questions that have no answer intact to them. It has been there since time immemorial, so what do we call it, a custom or a mere practice, a tradition or just entertainment. The Indian mythology mentions prostitution as a part of it. In Indian literature, the first mentioning of ‘prostitution’ is found in the first Veda, i.e., “Rig Veda”. Prostitutes were also common during the times of Panadavas and the Kauravas. Kautilya’s famous book “Arthashastra” contains rules for prostitutes. In India, Prostitution per se is not illegal as there is no law that mentions or directs prostitution to be illegal.
Types of suits and claims under Motor Vehicles Act
India had its first motor vehicles act long back in 1914 that is more than a century ago. The act has been amended a lot of times and even replaced by a more efficient act when required. The Indian Motor Vehicles Act, 1914 was replaced by the motor Vehicles Act, 1939. There were several amendments due to regular changes in automobile sector, it is, therefore, necessary to enact a more wide-ranging and efficient legislation. Right now the act in force is Motor Vehicles Act, 1988. It has been amended in the year 1994 then in the year 2000 and some major changes were made in the year 2001. The paper further deals about the types of claims and suits under the Motor Vehicles Act.
To see or not to see: India’s unsettled relation with ‘porn’
The circumstances around obscenity have never been so kinetic in our country in last century or so that it has been in the recent years. The ravelling question regarding porn or pornography has been whether to ban it from public access or scrutinize its content before reaching the public access. Well this point has been a matter of discussion which most people have hesitated to parley. But in my view it is and will always be a question of extent, such as to what extent the government can control the medium of entertainment or to what extent a state can interfere in an individual privacy. Well of course we can’t ponder that a feeble ban on certain website will mitigate one’s love for porn. It is like catching a drop of an ocean as there are still hundreds of pornographic website which can be easily logged on to.
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