Listing of Securities: Conditions and Essentials

Edited & Compiled for General Reading – Last Updated on May 19, 2015 Listing of Securities means formal admission of a security to the trading platform of the Exchange. It provides liquidity to investors without compromising the need of the issuer for capital and ensures effective monitoring of conduct of the issuer and trading of the securities in the interest of investors. A company, desirous...

Child Labour in India

Author : VS Warrier “The child is a soul with a being, a nature and capacities of its own, who must be helped to find them, to grow into their maturity, into a fullness of physical and vital energy and the utmost breadth, depth and height of its emotional, intellectual and spiritual being; otherwise there cannot be a healthy growth of the nation.”— P N Bhagawati, Former CJI. Almost one-third...

Theocratic States are Incompatible with Pluralism

Author : VS Warrier A State is a self-governing political entity. A state is more than a government, governments change, but states endure. A state is the means of rule over a defined territory. It is comprised of an executive, a bureaucracy, courts and other institutions. But, above all, a state levies taxes and operates a military and police force. A government is the body within an organization...

ULIPs controversy

Author : VS Warrier Unit Linked Insurance Plan (i.e. ULIP) is a Scheme combining benefits of Life Insurance as well as Investment in the stock market. In ULIP, part of the premium amount is paid towards Life Insurance while the rest (after Administrative Charges) is invested in the Stock Market. Therefore, ULIP provides the financial safety as well as opportunity for wealth creation. After formation...

Child Marriage

Child marriage usually refers to two separate social phenomena which are practiced in some societies. The first and more widespread practice is that of marrying a young child (generally defined as below the age of fifteen) to an adult. In practice this is almost always a young girl being married to a man. The second practice is a form of arranged marriage in which the parents of two children from...

Medical Negligence and Consumer Protection Law

Author : Prashant R Dahat Public awareness of medical negligence in India is growing. Hospital managements are increasingly facing complaints regarding the facilities, standards of professional competence, and the appropriateness of their therapeutic and diagnostic methods. After the Consumer Protection Act, 1986, has come into force some patients have filed legal cases against doctors, have established...

Law relating to Encounter Death

Author : Shashank Singh “ What is done without any punishment, can be repeated without fear.” Impunity without doubt is a grave problem affecting the country and leads to more and more human rights violations. The encounter specialists who have been in news recently, amplify this. Once hailed as heroes, they become the fall guys, with the blood of the innocent on their hands. Is society really...

Competition Advocacy

Author : V S Warrier Advocacy is often referred to as compliance without enforcement. In many countries, the competition law or the government policy, assigns an active advocacy role to the competition authority. In India, an important advocacy mandate is given to the competition commission under Section 49 of the Competition Act, 2002. The Competition Act, 2002 extends the mandate of the Competition...

Role of An Expert and an Eye-witness in the Law of Evidence

Edited & Compiled for General Reading – Last Updated on May 19, 2015 An expert witness, professional witness or judicial expert is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally rely upon the witness’s...

The Prohibition of Child Marriage Act, 2006

The Act was introduced in the parliament as it was felt that though the Child Marriage (Restraint) Act, 1929 was effective in its own way, there were some necessary changes to make it absolutely effective. STATEMENT OF OBJECTS AND REASONS 1. The Child Marriage Restraint Act, 1929 was enacted with a view to restraining solemnization of child marriages. The Act was subsequently amended in 1949 and 1978...

The Child Marriage (Restraint) Act, 1929

WHY WAS THE ACT INTRODUCED ? TO PROMOTE A BROADER CONTEXT OF EQUALITY AND ECONOMIC WELL BEING. Poverty perpetuates child marriage – while we focus specifically on addressing this issue, it is important to ensure that investments are being made to reduce poverty. Child marriage is more prevalent in poor households and in poor communities. Almost all countries in which more than 50 percent of girls...

Sanatana Dharma

Author : Sushant Rochlani Sanatana Dharma means the Eternal religion, the Ancient Law. This is based on the Vedas. This is the oldest of living religions. Hinduism is known by the name Sanatana Dharma. What the Vedas alone declare to be the means of attaining the summum bonum or the final emancipation, is the Sanatana Dharma or Hindu Dharma. The foundation of Sanatana Dharma is Sruti (Vedas); Smritis...

Revisional Jurisdiction of The High Court under Section 401, Cr. P.C., 1973

Author: Sushant Rochlani It is a well-recognised principle of the common law tradition that ‘no one should be left without any remedy’. Down the centuries this principle has identified itself as a part of the natural justice, which runs as a golden thread throughout the Criminal Procedure Code. So, in those cases where no right to appeal is afforded by the Code, it has created a remedy whereby...

Justification of Vicarious Liability

Author : Sourabh Prakash Ahirwar Vicarious liability may be imposed on a person for loss or injury resulting from the wrongdoing of another person, even though the person who is vicariously liable may not have been personally at fault.  Vicarious liability in tort arises by virtue of the relationship between the wrongdoer and the person who is vicariously liable. The doctrine of vicarious liability...

Kelsen and his Pure theory of Law

Author: Sushant Rochlani At the age of three, Kelsen’s family, of German-speaking, Jewish and middle-class origins, moved to Vienna, where Kelsen pursued his academic studies. In 1906 he was awarded a doctorate in law, even though his lifelong interests were largely concentrated in the humanistic and classical fields (philosophy, literature, logic, but also mathematics and natural science)....

Role of General principles in the effective working of European Convention on Human Rights

Law
Sandeep Menon Nandakumar1. The European Convention on Human Rights, though a regional Convention, is one of the most successful systems of protection of human rights in the international scenario especially with its effective judicial system, supervisory function of the Committee of Ministers and with the application of its unique principles of democracy, subsidiarity, proportionality, methods of interpretation...

Position of Directors in a Company

Author: VS Warrier The law relating to companies in India is contained in the Companies Act, 1956. The Companies Act, 1956 is a consolidation of existing laws, statutory rules and certain principles laid down in decisions of the Courts in India and England. The Act of 1956 substantially incorporates provisions of the English Companies Act, 1948. A company means, a company formed and registered under...

Doctrine of Legitimate Expectation

Author : Sushant Rochlani The theory of Legitimate Expectation is a branch of Administrative Law. It is a concept fashioned by the Courts for the review of administrative actions. It has been accepted by the English, Irish and Indian Courts but has been out rightly rejected in Australia and Canada. The theory of Legitimate Expectation marches into operation when there is an express promise from any...

Personal Liberty and Indian Constitution

It is important to note the concept, object and scope of life and personal liberty as enshrined in Article 21 of the Constitution of India by quoting the observation of Shri K.Ramaswamy, J. in the case of Kartar Singh v. State of Punjab , . His Lordship while dealing with the constitutional validity of the draconian law i.e. Terrorist and Disruptive Activities (Prevention) Act, 1987 observed as under...

Moral Policing

Moral policing, a phrase being used to name those groups of people who have assumed self proclaimed responsibilities to improve the cultural and ethnic style of living and also to become our moral guardians. The Mangalore incident and a series of other such incidents show how this phenomenon is becoming prevalent in our country. The guarantees of liberty and freedom of expression as enshrined in...