Distinction between Crime & other wrongs – at Common Law

Tanya Agarwal, Research Associate Penal law of ancient communities is not the law of crimes: it is the law of wrongs. The person injured proceeds against the wrongdoer by an ordinary civil action and recovers compensation in the shape of money damages, if he succeeds. – Sir Henry Maine In early law there was no distinction between criminal and civil wrongs. The two had been called a vicious...

Environmental protection and role of judiciary in India

Anshu Bansal, Research Associate Can Judiciary manage the Environment? The role of the judiciary is really important as the role of mitochondria of a living human cell. Had the judiciary turned the deaf ear towards environmental problems it could not be in any way came to celluloid1. It is true that the major compelling force behind number of legislations can be attributed to the active role played...

Comparative Analysis of Companies Act, 1956 and Companies Act, 2013

Sibani Panda, Research Associate The new Companies Bill has received the President’s assent on August 29, 2013 and the Companies Act, 1956 which was replaced by the recent companies act has brought about some drastic changes in several areas of company administration and management. OVERVIEW OF THE COMPANIES ACT, 1956 AND THE COMPANIES ACT, 2013 DetailsCompanies Act, 1956Companies Act,...

Wife Trying to Seek Divorce to Show ‘Single’ Status on Passport

Ankita Sharma, Student of Law, JGLS A recent judgment of the Delhi Court dealt with the divorce petition being filed by a woman against her husband for the reasons of cruelty and desertion. Section 13 of the Hindu Marriage Act, 1954 lists down the grounds for divorce. Courts across India have always been a witness for divorce petitions for various reasons of non-settlement over family issues, physical...

Indigenous Knowledge in Environmental Protection and Intellectual Property: Striking a balance

Evangelia Linaki, Research Associate In view of the International Day of the World’s Indigenous Peoples on 9 August, it is a good opportunity to reflect on the contribution of Indigenous Peoples and the major current challenges they have to face. One hotly debated issue is that of the protection of indigenous knowledge under the Intellectual Property (IP) regime. In other, words, is IP law capable...

Privatization has to ‘go along’ with Constitution: SC

Madhavi Chopra, Guru Gobind Singh Indraprastha University Privatization in generic terms refers to the process of transfer of ownership, can be of both permanent or long term lease  in nature, of a once upon a time state-owned or public owned property to individuals or groups that intend to utilize it  for private benefits and run the entity with the aim of profit maximization. In other words, it...

Curative Petition by Swamy in 2G Case Dismissed

Shruti Sethi, Hidayatullah National Law University, Raipur Dr. Subramanian Swamy is an Indian academician, politician, activist and economist.He was the President of the Janata Party which merged with BJP on 11 August 2013. He has previously served as member of the Planning Commission of India and Cabinet Minister of India and has also written extensively on foreign affairs of India dealing...

Proposed changes in Hindu Marriage Act,1955: ANTI-MEN OR PRO-WOMEN?

Aastha Mehta, Student of Law, GNLU, Gandhinagar Women have always been subjugated since ancient times, especially after marriage, wherein they were considered merely as properties of husband. The proposed changes have majorly been done in divorce provisions. Hindu Marriage Act currently provides divorce on grounds of  cruelty, desertion or conversion to another religion or if the partner suffers from  ...

NET eligibility criteria fixed by the UGC legitimate or not? Answered by SC

Shatrunjay Bose, Student of Law, UPES, Dehradun The Supreme Court heard the petition filed by the University Grant Commission (UGC), which challenged the order of the Division Bench of the Bombay High Court and single-judge Bench of the Kerala High Court order which held that the eligibility criteria fixed by the UGC would be set aside after holding NET in June 2012. The usual norms stated was that...

Merger Control under Competition Act

Suchismita Pati, NUJS, Kolkata After the opening of liberalization gates in 1991, the world economy has witnessed profound changes in the market. Corporate reorganizations in the form of mergers and acquisitions are having a positive prospect thereby increasing the competition in the market economy1. Mergers along with amalgamations and acquisitions have been categorized as combinations2under the Indian...

Onion Cartel – Making the Consumer Cry

Swarnim Shrivastava, Student of Law, HNLU, Raipur The other reason why onions made us cry was the recent inflation in its prices in India. Onion, being the most significant and common ingredient in Indian recipe, the increase in its price is having a huge impact on food security and consumer welfare. The high volatility in its price can have a disproportionate, non-linear or asymmetrical impact on...

Environment versus Development – The BIG DEBATE

Author: Shashank Sahay, Research Associate Environment simply means ‘surroundings’. Obviously, environment is a concept that is relative to whatever object it surrounds. If used in that sense, environment could virtually include anything and everything. Hence there is a need for a specific definition for the word ‘environment’. The Environment Protection Act, 1986 defines environment as, “environment...

The Legacy of International Law: Sources

Author: Pankhuri Agarwal, Research Associate Theories as to the Origin of International Law      Rules and norms of any legal system derive its authority from their authentic and certain sources. The source of domestic legislations can be legitimated from the mechanical system of constitution, legislature, executive and judiciary which effectuate such laws backed by sanctions. The arena becomes...

Judicial Decisions: What kind of Source of International Law?

Author: Evangelia Linaki, Research Associate It seems to be a fact that there has been a great increase in the number of specialized international courts1, raising, on the one hand, concerns as to whether such evolution will benefit the international legal order and, reinforcing, on the other,the ongoing controversy on several issues, such as the sources of International Law. It is evident, nowadays,...

UNICTRAL Model Law Amendment 2006: An overview

Author: Pankaj Sevta, Research Associate In recent times, the issue of grant of interim relief by arbitral tribunals has become center stage. The 1985 Model Law by UNICTRAL  contemplated grant of interim measures (Article 17) but it seemed half‐hearted, as it did not contain an enforcement mechanism and nor were any adverse effects sanctioned in the event of non‐compliance. The old Article 17...

Bring in the Foreign Investor – Drop Retrospective Tax

By: Swarnim Shrivastava, Student of Law, HNLU, Raipur It took the rupee to have a lowest ever fall for the Government to understand that the decision of retrospective amendments to tax was a big blow to the Indian economy. The foreign investor had lost trust in India after seeing the regulatory barriers and was reluctant to do business in India. There are 16 direct tax amendments in the Finance Act...

Will the Government be a successful drafter this time?

By: Aastha Mehta, Student of Law, GNLU, Gandhinagar India, is notoriously famous for its loopholes and poor application of mind when it comes to international arbitration disputes, a very few coming in favor of the Indian Government. But with arbitration notices from foreign investors like Axiata, Sistema, and other telecom companies after 2G verdict mounting the tables of officials, Indian Government...

Components of Crime: Mens Rea and Actus Reus

Author: Aviral Umrao, Research Associate The general basis for imposing liability in criminal law is that the defendant must be proved to have committed a guilty act whilst having had a guilty state of mind. The physical elements are collectively called as Actus reus. And the accompanied mental state is called the Mens rea. In order to commit a crime an actor must possess both Mens rea and Actus reus....

Binding Nature of Instructions issued by Central Government in Tax Matters

Pinkeshwar Gangwar and Ria Tandon1. The Department of  Revenue of Ministry of Finance administers and supervises its subordinate bodies like Commissioners of Customs, Excise and Income Tax, Custom House etc, House  etc, enforces the tax laws and frames policies concerning levy and collection of income tax, customs duty, central excise, service tax and other taxes This task is achieved by the department...