Natural Gas Being The Fuel Of 21st Century India: Issues And Concerns

Authors: Sheetal Saraswat and Vibhor Sharma** The energy sector in India has been receiving high priority in the planning process. The growth of an economy, with its global competitiveness, hinges on the availability of cost-effective and environmentally benign energy sources. Even the level of economic development has been observed to be reliant on the energy demand. In the recent years, the government...

FDI in Pension Funds

Author: Aakarsh Kamra* Recently the Government in a desperate attempt to revive the failing economy announced a slew of reforms comprising mainly of allowing foreign Direct Investment in various sectors such as Multi Brand Retail, FM Broadcasting, Power exchanges and civil aviation. There has been an unending debate and a great opposition on the issue whether the decision of allowing a cap of 51% FDI...

Due Diligence of Property: Keep a check

Author: Prachi Gupta ‘Some people really trip on success or popularity. My friends would talk to me about that, about tripping on all this stuff, but you know what I tripped on? I started buying property.’ – ROY AYERS “Due diligence” is a term used for a number of concepts involving either an investigation of a business or person prior to signing a contract, or an act with a certain...

am I safe??? concern about rape cases

Author: Garima Tiwari* By not coming forward (about rape), you make yourself a victim forever- Kelly McGills I have been very agitated since the past few days. Picking up newspaper and reading how Madhya Pradesh is showing its laurels in leading with most rape cases. I am particularly disturbed with the fact, that there is no discussion amongst the educated masses of the society of this issue. Well...

The money plant…!

Money Plant Author: Rajiv Krish* Mr. A: “I hate creepers; it destroyed my wonderful mural wall painting, a costly one, last monsoon” Mr. B: “But, what you destroyed yesterday were money plants and no ordinary creepers”. Mr. “A: “Ooh! really…? I did not know, nor did I realize; it was just my natural reaction to the economic drain I suffered last monsoon.” Mr. B: “Agree! But you should...

Can’t sue lawyers for wrong advice

Merely because an Advocate’s opinion may not be acceptable, he cannot be mulcted (punished) with criminal prosecution, particularly, in the absence of tangible evidence that he associated with other conspirators. At the most, he may be liable for gross negligence or professional misconduct if it is established by acceptable evidence but cannot be charged for the offence under Section 420 (cheating)...

Freedom of Religion

Author : Vipin Upadhyay “All religions, with their Gods, their Demi-Gods, and their Prophets, their Messiahs and their Saints, were created by the prejudiced fancy of men who had not attained the full development and full possession of their faculties.” Generally Speaking, Religion is s system of faith and worship of supernatural force which ordains regulates and controls the destiny of human kinds. There...

Judicial Review Of Administrative Action

Author : Sushant Rochlani “Administrative law and judicial review of administrative action” is a very important subject in modern times. According to Wade, administrative law is the law relating to the control of powers of the executive authorities. To consider why such a law became necessary, we have to consider its historical background. Up to the 19th century the functions of the State...

Supreme Court overrules Bhatia International Case

Bhatia International Case over ruled It was held by the Honourable Supreme Court that Indian courts have no jurisdiction to pass interim orders in foreign arbitration awards between an Indian company and a foreign company under the provisions of the Indian Arbitration and Conciliation Act, 1996. Earlier in the year 2002, while hearing Bhatia International case, Honourable SC held that, Part I of the...

Govt not bound to recognize unaided schools: SC

The Supreme Court has ruled that states were not duty bound to grant recognition to unaided schools, even if it had adequate infrastructure and teaching staff, as indiscriminate recognition to unaided schools was fraught with the danger of favouritism playing a role in it. A bench of Justices K S Radhakrishnan and Dipak Misra overruled a Kerala High Court judgment, which had mandated that a state government...

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 all the rights in the covenant or...

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. The Ministry of Labour is likely to introduce...

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 travelling in. On reaching Delhi, he found that...

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 enough if the act is likely to cause injury...

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 for its decisions, particularly when...

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 court to grant her maintenance of over...

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. This article in order to augment the...

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 of India’s ancient culture is the...