Inadequacies of Reservations to Human Rights Conventions

Sandeep Menon Nandakumar1. A review of the effect of reservations to international human rights instruments Reservations allow a state to be a party to a treaty and at the same time to exclude some of the provisions or to modify the same2. The most important point to note here is that reservations make it possible for the state which has difficulties in guaranteeing...

An offence to employ children not only in factories but also in home/on farms

The Union Cabinet on Tuesday approved a proposal for amending the Child Labour (Prohibition and Regulation) Act, 1986, to ban employment of children aged up to 14 in any form of industry. It will be an offence to employ such children not only in factories or industries but also in homes or on farms, if their labour is meant to serve any commercial interest. ...

Enforceability of Life Insurance Policy

Author : VS Warrier What effect is produced upon the policy of life insurance by the suicide of the insured, or by his legal execution, in those cases where the policy has been taken out in good faith, and where suicide and execution are not expressly named in the policy as exceptions to the insurer’s liability. A life insurance policy is a legal contract between insured and the insurance company....

Biman Bangladesh Airlines Ltd to pay Rs. 41,000/- compensation

Biman Bangladesh Airlines Ltd has been directed by a consumer forum here to pay Rs 41,000 to a passenger for loss of his LCD TV in transit from Bangkok. Complainant bought an LCD TV for Rs 31,000 from Bangkok and during his return journey on May 2, 2010; he had deposited it with the airline for transporting it back to India on the same flight that he was...

Medical Negligence and Criminal Law : An Indian Perspective

Authors : Prashant R Dahat & Puneet Yadav Negligence is a term of art, but has distinct meanings in different jurisdictions. In ‘Tort’, damage is an essential ingredient but that element is not necessary in the law of master and servant. In criminal law, there are series of offences based on negligence in which loss or injury is not material, it is...

Rules of Natural Justice

The rules of natural justice were originally only two viz.: 1. Audi alteram partem i.e. the person(s) to be affected by an order of the authority should be heard before the order is passed, and 2. The rule against bias. Subsequently, some more rules of natural justice are in the process of development e.g. that the administrative authority should give reasons...

Woman fights for Maintenance

This Legal Update is Contributed By: Aakarsh Kamra A procedural error by the trial court judge and his staff resulted in endless round of litigation and wait for almost a year. As a result a woman had to fight a long battle to get the maintenance money her husband had deposited in a court. While hearing the case the Delhi high court not only ordered the trial...

Understanding the Tax Regime Governing the Indian Oil Industry

Author: Sheetal Saraswat* The global oil and gas industry is redefining itself amid uncertain energy policies and a changing environment. India, being among them is trying to calibrate the overall industry scenario. In order to standardize the Indian oil and gas policy framework with the international level, over the years there have been myriad policy changes....

Determination of remuneration limit under Sec. 40(b) – ‘Commercial profit’ is relevant

S. 40(b)(v) of Income Tax Act permits a firm to claim deduction of remuneration paid to a working partner upto certain limits of the “book profit“. The term “book profit” is defined in Explanation 3 to mean “the net profit, as shown in the profit and loss account for the relevant previous year, computed in the manner laid down in Chapter IV-D … “. The High Court had to consider whether...

Discrimination against women in India

“I was told Indian women don’t think like that about equality. But I would like to argue that if they don’t think like that they should be given a real opportunity to think like that.” — Amartya Sen The worth of a civilization can be judged by the place given to women in the society. One of several factors that justify the greatness...

Parallel reexamination can serve as a trap for a plaintiff-patentee

This Legal Update is Contributed By: Aakarsh Kamra In an Appeal from the United States District Court for the Central District of California in Case No. 04-CV-8604, the appellate panel agreed that statements made in an ongoing, pending reeexamination were relevant to the claim construction. In this case, however, the Federal Circuit held that the reexamination...

India and Belgium Sign MOU for Development & Modernization of Railway Sector

India and Belgium Sign MOU for Development & Modernization of Railway Sector. The said MOU is to Focus Especially on Development of Railway Stations to International Standards. A Memorandum of Understanding (MOU) was signed by the visiting Deputy Prime Minister & Minister for Foreign Affairs, Foreign Trade and European Affairs of Belgium, Mr. Didier...

Bigamy

Author : Vipin Upadhyay Marriage laws other than that of the Muslims now in force in the country prohibit bigamy and treat a bigamous marriage as void. For this reason a marriage to which any of these laws apply attracts the anti-bigamy provisions of the Indian Penal Code which are applicable to a bigamous marriage if it is void under the governing law for...

Review of the Foreign Direct Investment policy – permitting investments from Pakistan.

Present Position: As per paragraph 3.1.1 of Circular 1 of 2012- Consolidated FDI Policy`, effective from 10.04.2012, investment from a citizen of Pakistan or an entity incorporated in Pakistan is not permitted. Revised Position: The Government of India has reviewed the policy, as contained in paragraph 3.1.1 of the circular ibid and decided to permit a citizen...