Significance and purpose of Research Methodology

What is Research? Research is the systematic investigation and study of materials and sources to establish facts and reach new conclusions, so it shapes people’s understanding of the world around them. Research comprises “creative work undertaken on a systematic basis in order to increase the stock of knowledge, including knowledge of humans, culture and society, and the use of this stock...

Wife’s late-night parties not mental cruelty

Late night party in Mumbai divorce case
Bombay High Court, while hearing an appeal against the Family court order, which granted divorce on the claim of the husband that, his wife used to party a lot and misbehave which constituted cruelty, held that, family court was wrong in its observation and set aside the order of the Family court. The husband in his petition alleged that, in spite of being a mother of two children, his wife frequently...

Planning Commission to be called Neeti Ayog

Neeti Ayog
Planning Commission, which was established in 1950, has been renamed Neeti Ayog. The decision comes nearly three weeks after Prime Minister, Shri Narendra Modi held consultations with Chief Ministers at a meeting where most favoured restructuring of the Socialist era body but some Congress Chief Ministers opposed disbanding of the existing set-up. Prime Minister earlier had announced in his Independence...

Delhi HC revokes government’s ban on Ola Cabs

Delhi High Court
Delhi HC while setting aside the Delhi Government’s order banning the operation of taxi service provider Ola Cabs and said that “since the petitioner have not been afforded any opportunity of being heard, deem it appropriate to set aside the impugned order.” Court even directed the authorities to take a final decision on Ola Cabs’ representation within 10 days. Court observed...

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...

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 the reason of being bigamous [Sections 494-495]. Bigamy...

Impact of Copyright (Amendment) Act, 2012 in the Digital era

Author: Vishnu S Warrier A rare political consensus, despite reservations expressed by some Members of Parliament over certain omissions in the Bill, marked the passage of the Copyright (Amendment) Bill, 2012, in Parliament in May. Almost all the speakers in the Lok Sabha and the Rajya Sabha underlined the need to protect the copyright of authors. The Copyright (Amendment) Act, 2012, seeks to make...

Economics as a Science and its relevance to Law

Economics is the branch of knowledge concerned with the production, consumption, and transfer of wealth. It is the condition of a region or group as regards material prosperity. It is the social science that analyzes the production, distribution, and consumption of goods and services. Now the Question is whether Economics is a science or not? Economics is a science that treats of those social phenomena...

Eve Teasing

Authors : Chaitanya Chauhan & Rahul Kulhare Eve teasing is generally used in Pakistan, India and Bangladesh for public sexual harassment or sexually aggressive behaviour toward, women or girls.Eve teasing begins as an attempt to irritate a girl or catch her attention. A lewd stare, a sly whistle, a well-timed clap, an unwarranted bump, a seemingly causal touch, a lingering look at a vulnerable...

Right to Strike and Indian Constitution

Author : VS Warrier Article 19  of the Indian Constitution, the rainbow of the fundamental rights, originally guaranteed seven freedoms, one of which, the right to property, had been by the 44th amendment , made a constitutional right and had ceased to be a fundamental right. The unique feature of the freedoms guaranteed by Article 19 is that they are not absolute terms and, and clauses (2) to (6)...

Foreign Direct Investment

Author : V S Warrier Foreign direct investment (FDI) is direct investment by a company in production located in another country either by buying a company in the country or by expanding operations of an existing business in the country. Foreign direct investment is done for many reasons including to take advantage of cheaper wages in the country, special investment privileges such as tax exemptions...

Intellectual Property: The Dominant Force In Future Commercial Transactions Comprising Mergers and Acquisitions

Authors : Puneet Yadav & Prashant R Dahat There is a well-established statutory, administrative and judicial framework to safeguard intellectual property rights in India, whether they relate to patents, trademarks, copyright or industrial designs. Well-known international trademarks have been protected in India even when they were not registered in India. The Indian Trademarks Law has been extended...

Winding Up of a Company – by the Court

Author : V S Warrier Section 425 of the Companies Act, 1956, deals with the winding up of companies. Winding up of company is a legal procedure to dissolve the company and put an end to its life. “Winding-up” in literal sense, means to bring to a conclusion or an end by putting in order. It is defined as the process by which the life of a company is ended and its property is administered for the...

Partnership Firm

Author: V S Warrier A partnership is the relationship between persons who have agreed to share the profits of a business carried on by all or any of them acting or all. In India it is governed by the Indian Partnership Act, 1932, which extends to the whole of India except the State of Jammu and Kashmir. It came into force on 1st October 1932. Partnership is a form of business organisation, where two...

Duties of Directors: An Analysis under the Companies Bill, 2011

Author : V S Warrier The law relating to companies in India is contained in the Companies Act, 1956. The Companies Act, 1956 (The Act) is a consolidation of existing laws, statutory rules and certain principles laid down in decisions of the Courts in India and England. The Act of 1956 substantially incorporates provisions of the English Companies Act, 1948. A company means, a company formed and registered...

Simplification – Compounding of FEMA contraventions

As a measure of customer service and in order to facilitate the operational convenience, ReserveBank of India has been decided to delegate the powers to the Regional Offices of the Reserve Bank of India mentioned below to compound the contraventions of Foreign Exchange Management Act involving (i) delay in reporting of inward remittance, (ii) delay in filing of form FC-GPR after allotment of shares...

Legal Metrology Act, 2009

Author : V S Warrier Legal Metrology Act, 2009 is an Act to establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by weight, measure or number and for matters connected therewith or incidental thereto. The Act was enacted in the Sixtieth year of Republic of India, and received the Presidential assent...

Prohibition of Unfair Practices in Technical Educational Institutions, Medical Educational Institutions and Universities Bill, 2010

The Union Cabinet today approved the official amendment to the Prohibition of Unfair Practices in Technical Educational Institutions, Medical Educational Institutions and Universities Bill, 2010 based on the recommendations of the Parliamentary Standing Committee on HRD for consideration of the Parliament. The Bill aims to provide an institutional mechanism for preventing, prohibiting and punishing...

Introduction of the Export-Import Bank of India (Amendment) Bill 2011

The Union Cabinet today approved the introduction of “The Export Import Bank of India (Amendment) Bill, 2011” to amend the Export – Import Bank Act, 1981 (the Act) in the Parliament. The Bill seeks to increase the authorised capital of the Exim Bank from Rs.2000 crore to Rs.10,000 crore with the provision that the Central Government may, further, by notification, increase the said capital up...

India Trademark Attorney

There are two ways to become an India Trademark Attorney. One being eligible by professional qualification to practice before the Trade Mark Registry of India or pasing the qualifying examination conducted for becoming a Trade Mark Agent. The Trademarks Registry conduct an examination to admit persons to become Trademark Agents entitled to practice before the Trademarks Registry. The qualification...