National Conference: Gujarat National Law University

ON STRENGTHENING PARTICIPATORY DEMOCRACY AND GOOD GOVERNANCE (5 January 2014) Gujarat National Law University’s Centre for Constitutional and Administrative Law (CCAL) in collaboration with Knowledge Consortium of Gujarat, Government of Gujarat is organizing a pre-summit conference. The conference focuses on how the present scenario of India can be improved by mainly on good governance and participatory...

One Person Company: Indian Corporate World Setting New Milestones

Abhinav Gaur, Research Associate Existing Companies Act, 1956 has been amended on August 29, 2013 through new Companies Act. Old bill was too complex and many representations were made to the Govt. to simplify it and incorporate present days requirements.    In this new Bill, in addition to number of amendments new law of ONE PERSON COMPANY has also been made. However, this Person Company (OPC)...

Gender justice towards Hindu Women: A legislative Perspective

Narender Kumar Bishnoi, Assistant Professor, Faculty of Law, University of Delhi Gender inequities throughout the world are among the most all-pervasive forms of inequality. Gender equality concerns each and every member of the society and forms the very basis of a just society and hence, the issue of ‘gender justice’ is of enormous magnitude and of mammoth ramification engulfing an all-embracing...

A Greener Assessment for a Sustainable Future: Introduction to Environment Impact Assessment

Akshay Shandilya, Research Associate With the onset of First World War, rapid industrialization and urbanization in western countries was causing rapid loss of natural resource, which stretched to the period after the Second World War giving rise to concerns for pollution, quality of life and environmental stress. In early 1960s, investors and people realized that the projects they were undertaking...

Special status to Jammu and Kashmir: Problems and Solution?

Author, Dr. Ravishankar Mor, Asst. Prof., Dept. of Law, Yeshwant Mahavidyalaya, Wardha. Raman Post Doctoral Fellow “Jammu and Kashmir, a heaven on earth” “Aggar iss dharti par swarg kanhi hai, to bas, yanhi hai, yanhi hai, yanhi hai” this is what popularly said about the beauty of Kashmir. Once a princely state is now ruled and administered by three Asian countries, India, Pakistan and China....

Goldstone Report and Libya FFM-Report

Identification and comparison of methodological approaches in two fact-finding mission reports Dmytro Tupchiienko, Institute of Criminology, University of Cambridge (UK) A UN fact-finding mission, headed by Judge Richard Goldstone, was established in April 2009 with the aim “to investigate all violations of international human rights law and international humanitarian law that might have been committed...

Noise Pollution: Newest form of Environmental Contamination

Akshay Shandilya, Research Associate “A day will come man will have to fight merciless noise as the worst enemy of health” – Robert Koch1. Ever felt like murdering your neighbour for blasting music too loud? That is exactly what 78-year-old Lykouresis did in Greece on 31st may 1996. He claimed he had complained to his neighbour for months and only wanted to listen to evening news in peace....

Assessing Officer’s Power to Call for Information

Swarnim Shrivastava Supreme Court gives more teeth to the Tax Authority The Supreme Court in Kathiroor Service Cooperative Bank Ltd. v. Commissioner of Income Tax1has cleared the position of the Assessing Officer with regard to hid power to call for information under Section 133 of the Income Tax Act, 1961. The Assessing Officer can issue ‘general’ notice under section 133(6) to Financial Institutions...

Right to Live Includes Right to Have Good Food

Ipsita Mishra Supreme Court has said that the right to life and dignity also includes right to have good food free from harmful pesticides and insecticides, antibiotic residues, etc. The Food Safety and Standards Authority of India have been asked to conduct surprise inspections of major vegetable and fruits markets. State has a duty to achieve an appropriate level of health and protection of human...

Comparative Analysis of Meetings under Companies Act, 2013 & Companies Act, 1956

Tanya Agarwal, Research Associate Meetings play a vital role in functioning and governance of a company. The Companies Amendment Act 2013 which came into force a month ago has improvised the earlier provisions relating to company meetings. The concept of statutory meeting and filing of statutory report under Section 165 of the Companies Act of 1956 has been dropped. In this Article, the author has...

Transgenders should have right to informed choices

Ipsita Mishra The transgender are being discriminated in every stage of life. They are disregarded in our Indian society and hence deprived of their rights. They have their constitutional rights and they need to realize their voice against any form of injustice.  The Supreme Court has asked the government to recognize them as third sex or giving them choice of being identified as male or female. Every...

Marriage and Divorce under Parsi Law

Ipsita Mishra, NLU, Odisha Marriage is a universal human institution which has formed the foundation of the family1. It usually means a voluntary union for life of one man with one woman to the exclusion of others2. While the traditions surrounding marriage ceremonies, the rights and obligations of marriage, the way of choosing one’s marriage partner, and even who all are permitted to marry may...

Companies Act 2013 – A Milestone in Indian Corporate Regime

Abhinav Gaur, Research Associate The Companies Bill, 2009 for the first time was introduced on August 3rd 2009.  On August 31, 2010 the Standing Committee presented its report on the Bill. Later, in the winter session of 2011, the central government withdrew this Bill. Thus, on December 2, 2011, the Bill was re-introduced. The Bill was finally after few Amendments was passed in the Lok Sabha on...

Can Pizza Hut Get a ‘Lower Tax’ Treat?

Swarnim Shrivastava The leading Pizza chain will avail the benefit of a lower tax rate under India-US DTAA or not will be decided by the Delhi High Court1. The Pizza Hut International Case2has been decided by the income tax appellate tribunal (ITAT) last year, where the primary issue was whether the royalty is taxable on ‘gross amount’ or net amount under the tax treaty. The Tribunal in this ruling...

Judicial Activism – Need of Hour: Requirement of Checks and Balances

Anju Beniwal, Ph.D., Research Scholar, Department of Law, M.D.U. Rohtak The ultimate goal of our constitution, enunciated by our worthy founding fathers, in its preamble is to secure ‘Welfare state’. For achieving this goal the constitution has created three organs- the Legislature, the Executive and the Judiciary1. The Judiciary has been entrusted with the task of protection and interpretation...

Precautionary principle in International Environmental Law – A myth or reality?

Sandeep Menon Nandakumar1. The precautionary principle is that principle which necessitates early measures to be taken so as to avoid environmental harm and health hazards even if the future is risk not so established scientifically. This principle can be found mentioned in environmental concepts as well as in the context of human rights, as for example, the United Nations Global Compact which lays...

Public Hearing: A Potent Tool in The Process of Environmental Protection

Anshu Bansal, Research Associate Public Hearing provides wherever necessary, social acceptability to a project and also gives an opportunity to the EAC to get information about a project that may not be disclosed to it or may be concealed by the project proponent1. A public hearing is a form of participatory justice giving a voice to the voiceless (particularly to those who have no immediate access...

The Indian Eco-labelling Scheme: Ecomark

Nivedita Saxena, Research Associate ‘Eco-labelling’ is a voluntary method of environmental performance certification and labelling that is practised around the world. The article describes the Indian ecolabelling scheme- ECOMARK. Ecomark is a voluntary non-binding eco-labelling scheme which was constituted by the Government of India in 1991 for easy identification of environment- friendly consumer...