Delhi gang rape case: Delhi Police invoke murder charges against accused

As reported by Times of India, Delhi Police invoked murder charges (Section 302, IPC) against the six men allegedly involved in the gang rape of a 23 year old girl in a moving bus after she died in a Singapore hospital on Saturday morning. It was informed by Mr. Dharmendra Kumar, special commissioner of police (law and order),that,the charge sheet is expected to be filed by the 3rd of January, 2013. ...

Delhi gang rape case: SCBA sought intervention of CJI

Delhi gang rape case: SCBA sought intervention of CJI As per a report in The Hindu (dated. December 22, 2012), Supreme Court Bar Association (SCBA) sought the intervention of Chief Justice of India (CJI) in initiating strong action against those involved in the Delhi rape case and to direct the police to tackle crime against women in the capital city. In...

Eve Teasing: A perennial problem in today’s society

Eve Teasing: A perennial problem in today’s society Author: Vishnu S Warrier Eve teasing in public places has become a perennial problem in today’s society. Recently there have been incidents of Eve teasing leading to serious injuries to, and even death of women. Eve teasing generally occurs in public places which, with a little effort, can be effectively...

Banking Laws (Amendment) Bill passed by both the Houses

Banking Laws (Amendment) Bill passed by both the Houses Both the Houses of Parliament have passed the Banking Laws (Amendment) Bill during its Winter Session, 2012. This Bill would strengthen the regulatory powers of Reserve Bank of India (RBI) and to further develop the banking sector in India. It will also enable the nationalized banks to raise capital...

Criminal Law (Amendment) Bill, 2012

The Criminal Law (Amendment) Bill, 2012 Criminal Law (Amendment) Bill was introduced in the Lok Sabha on December 4, 2012, further to amend the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973 and Indian Evidence Act 1872. Amendment to the Indian Penal Code, 1860 Three new offences are introduced to the Penal Code (IPC) under this Bill. Public...

The Companies Bill, 2011 passed by Lok Sabha

The Companies Bill, 2011 The Bill was passed by the Lok Sabha on December 18, 2012 during its winter session. On its enactment, the Bill will permit our country to have a modern legislation for growth and regulation of corporate sector. This will replace existing Companies Act, 1956. Companies Act, 1956 had been under consideration for quite long for comprehensive revision in view of the changing...

Nonpayment of dues under Foreign Exchange derivative contracts covered under willful default

Honourable Supreme Court held that banks were entitled to declare as willful defaulter anyone who did not pay their dues under the foreign exchange derivative contract. The Bank had sanctioned Derivatives/Forward contract facility to Hindustan Glass for the purpose of hedging foreign currency exposures. The Respondent Company was informed by the bank that a sum of Rs crores and above was due and payable...

How to clear Judicial Service Examination

“Hard Work, Self Confidence and Patience are my success mantra, says Sanchita” The Lex-Warrier Team arranged an exclusive interview with Ms. Sanchita Bhadkaria who has been selected as Judge in M.P. Civil Judge Exam, 2012. Ms. Sanchita is a B.A.LL.B (Hons.) graduate from National Law Institute University, Bhopal She deserves all admiration and our heartiest congratulations on her splendid success....

International Bridges to Justice fellowship – Justicemakers

The Lex-Warrier: Online Law Journal would like to congratulate our Team Member Ms. Garima Tiwari for securing International Bridges to Justice fellowship for the year 2012. She is one among the 12 candidates who are eligible for the fellowship. Her award winning project aims to protect and promote the legal rights of the vulnerable communities particularly those suffering with HIV/AIDS within the...

Supreme Court directions on Eve Teasing

While hearing, The Deputy Inspector General of Police & ANR. Vs. S. Samuthiram (Decided on November 30, 2012), a Civil Appeal(No. 8513 of 2012) arising out of SLP (C) No.31592 of 2008 a bench of Justice K.S. Radhakrishnan and Justice Dipak Misra, of Honourable Supreme Court in public interest, gave following directions to curb Eve teasing: All the...

Implementation of Aadhaar scheme, “unconstitutional and arbitrary” – SC Update

Implementation of Aadhaar Scheme: A Bench of Chief Justice Altamas Kabir and Justice J. Chelameswar issued notice to Central Government, while hearing a Writ Petition filed by Justice K.S.Puttaswamy (Retd) & Anr challenging the implementation of the Aadhaar scheme while a bill regarding the same is pending in Parliament. It was contented by the petitioner...

Signature mismatch can attract criminal proceedings: Supreme Court

Signature mismatch can attract criminal proceedings: Supreme Court A bench of justices T S Thakur and Gyan Sudha Misra, while hearing Criminal Appeal No’s 1910-1949 of 2012 arising out of Arising out S.L.P. (Crl.) Nos.1780-1819 of 2011) set aside the verdict of Gujarat High Court which had held that, criminal proceedings for dishonouring of cheque can be initiated only, when the cheque is dishonoured...

Sustainability of global commons and International environmental law

A critical study on specific legislative examples Sandeep Menon Nandakumar1. It is of no doubt that the very first concept of property originated from (or viewed at least theoretically as) either Res Communis or Res Nullius. Hence a particular property was originally conceived as either every one’s property or no one’s property. Having said that, from...

IPR and Competition Law Regime: Towards a Common Goal

Ashwini Siwal, Assistant Professor, Faculty of Law, University of Delhi. The present paper is divided into four parts; the first part consists of a brief introduction. In its second part the paper broadly outlines the policy, justification and economics behind each regime. After an overview the paper delves into the misconceived controversy between the two...

Ajay Devgn Films V/s Yash Raj Films – the Bollywood War…!!

Author: VS Warrier The Competition Commission of India in its order in the case filed by Ajay Devgn Films against Yash Raj Films Private Limited has held that there is no contravention of the provisions of the Competition Act (‘the Act’) by the alleged agreement between Yash Raj Films Private Limited and its various associated enterprises. This is a case...

Need of initiating Criminal Prosecution against Corporations

Author: Richa Srivastava There is a strong need for prosecuting corporations in the interest of society. The old jurisprudence considered corporations incapable of been prosecuted. However, as the need aroused slowly, the courts around the world developed important theories in order to hold corporations liable for their acts, omissions and forbearances. The...

Mental Health Care Bill 2012

Authors: Aakarsh Kamra and Garima Tiwari Pro-Patient? Pro-psychiatrist? Or just another addition to the numerous laws? Science has progressed unfathomably in the realm of curing and treating various diseases and disorders. The legal framework pertaining to issues as regards such diseases and disorders is also being strengthened with time. However the same...

Legal Metrology (Packaged Commodities) Rules, 2012

Department of Commercial Affairs under the Ministry of Consumer Affairs, Food and Public Distribution vide Notification(s) G.S.R 426(E) & G.S.R 427(E), in exercise of powers conferred by sub-section (1) read with clause (j) and (q) of sub-section (2) of Section 52 of the Legal Metrology Act, 2009 the Central Govt. amended the Legal Metrology (Packaged Commodities) Rules, 2011 namely Legal Metrology...

Fair Competition: The Catalyst of Economic Development

Author: Sandeep Suresh “The competitive process and the development process are so intertwined as to be indistinguishable”[1] Competition, the process of rivalry between firms striving to gain sales and make profits, is the driving force behind economies. Efficient and fair markets are essential for economic growth. Effective competition is not automatic...

Research: Meaning, Role and its importance…!!

Author: VS Warrier Research…!! The word is quite familiar to all of us, right? Yeah…! Research that is what we are trained to do or asked to do in our Ph.D program or while writing our dissertation in the final semester or even for a small class project/assignment. From school level till date we have been familiar with the word Research. So what is Research?...