Monday, January 15, 2018

Copyright Registration - Register your Copyright online - Copyright - Copyright laws - Copyright Forms

Copyright Registration - Register your Copyright online - Copyright - Copyright laws - Copyright Forms: Register your copyright online, we provide book copyright, cinematrography, music,video, art, scripts and screenplays copyright.

Insurance Frauds Deserve Special Legislative Attention And Effective Judicial Action

Insurance Frauds Deserve Special Legislative Attention And Effective Judicial Action

The principal legislation regulating the insurance business in India is the Insurance Act, 1938. Some other existing legislations in the field are - the Life Insurance Corporation (LIC) Act, 1956, the Marine    Insurance   Act,   1963,    the   General    Insurance   Business (Nationalization) Act, 1972 and the Insurance Regulatory and Development Authority (IRDA) Act, 1999.

The provisions of the Indian Contract Act, 1872 are applicable to the contracts of insurance, whether for life or non-life. Similarly, the provisions of the Companies Act, 1956 are applicable to the companies carrying on insurance business.


The Law Commission of India in its 190Th Report On Revision Of Insurance Act, had suggested that there was no justification for continuing to have a separate legislation concerning the IRDA and that there was a need to merge the provisions of the IRDA Act, 1999 with the Insurance Act, 1938 in order to "to bring about an integrated approach to the task of formulating a legislative regime that can encompass the key facets of the functioning of the Regulatory Authority even while strengthening the regulatory regime".

Remedy of Compensation under Article 32

Remedy of Compensation under Article 32

Article 32 of the Constitution of India reads as follows:

Remedies for enforcement of rights conferred by this Part.-(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.


(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.

Single Brand Retail Trading: Anomalies in Foreign Direct Investment Policy, 2017

Single Brand Retail Trading: Anomalies in Foreign Direct Investment Policy, 2017
The government has lately demobilized the Foreign Investment Promotion Board (FIPB) and consequently all applications pertaining to Foreign Direct Investment (FDI) approval are routed to the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Government of India (DIPP).

Applicability of Limitation act on Insolvency and Bankruptcy Code

Applicability of Limitation act on Insolvency and Bankruptcy Code

Any new advancement, be it in the field of law or any other form of art or science, would require time as it is to be understood, accepted, settled and interpreted. The new legal framework on insolvency and bankruptcy has brought a catena of changes in the prior existent law. To understand it all, it is to be interpreted by our Hon’ble Judges of NCLT, NCLAT and Supreme Court, veteran lawyers and amicus curiae. One of the major issue which is doing round these days is the issue of applicability of Limitation Act, 1963 on I&B Code, 2016. To understand this issue we need to look into the case laws in which this issue arose but was only settled by NCLAT in following cases wherein a common judgment was passed:

i. M/s. Speculum Plast Pvt. Ltd. Vs. PTC Techno Pvt. Ltd.,

ii. Parag Gupta & Associates Vs. B.K. Educational Services Pvt. Ltd.,

iii. Ashlay Infrastructure Pvt. Ltd. Vs. LDS Engineers Pvt. Ltd.

Insider Trading laws in India in comparison with the laws in US and UK

Insider Trading laws in India in comparison with the laws in US and UK

What Is Insider Trading?

Insider trading involves the deliberate exploitation of unpublished price sensitive information obtained through or from a privileged relationship for trading in shares and securities for the purposes of gain (or to avoid a loss) at the expense of the uninformed public when the price of securities would be materially altered if the information were disclosed.

To Be Raped Or Not To Be Raped

To Be Raped Or Not To Be Raped

Marriage as a sacrament and the idea of consent



The rationale behind the making of any law allows it to be judged on its meritorious stance in the present day context. The Indian family laws, especially the laws related to offences of a domestic nature attempt to borrow from the generic societal ethos and customs. But, it can be observed that certain offences happen to suit more to the ethos and customs of a particular community, and in the Indian context, it is the Hindu community. In the Hindu religion, unlike the Muslim religion (Abdul Nadir v Salima Mahmood)

Necessary Party And Proper Party in CPC

Necessary Party And Proper Party in CPC

First of all you should know they are not defined in CPC and hence you would not find definition clause for them anywhere in CPC .( would be obliged if you can )



Also there is no mention of the word called PROPER PARTY any where in CPC .



Only the word NECESSARY PARTY is used in Order 1 Rule 9 of CPC in the proviso .



“ Provided that nothing in this rule shall apply to NonJoinder of a NECESSARY PARTY . “

Sunday, January 14, 2018

The West Bengal Municipal Act 1993

The West Bengal Municipal Act 1993

Constitutional Provisions

Article 243P. Definitions. - In this Part, unless the context otherwise requires,

(a) Committee means a Committee constituted under article 243S;

(b) District means a district in a State;

(c) Metropolitan area means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by the Governor by public notification to be Metropolitan area for the purposes of this Part;

(d) Municipal area means the territorial area of a Municipality as is notified by the Governor;

(e) Municipality means an institution of self government constituted under Article 243Q;

(f) Panchayat means a Panchayat constituted under Article 243B;

(g) population means the population as ascertained at the last preceding census of which the relevant figures have been published.

Making India Ready for Virtual Currency: An Analysis

Making India Ready for Virtual Currency
In this era of technology due to transformation in the global economy, new ways of exchange of goods, assets and services have emerged. There exists a complete market over the internet where one can easily select and purchase goods through digital money that is by means of their debit or credit cards.

Monday, January 08, 2018

Borrowing And Lending Money By Residents of India To NRI

Borrowing And Lending Money By Residents of India To NRI

Can a resident of India borrow money from an NRI?

Yes, as per the Master Direction on Borrowing and Lending transaction in Indian Rupee between Persons Resident in India and Non-Resident Indians issued by the Reserve Bank of India on January 1, 2016 and the Foreign Exchange Management (Borrowing or lending in foreign exchange) Regulations, 2000 issued by the RBI on May 3, 2000 an Indian resident can borrow money from NRI but there is certain restriction upon it.

Phone Tapping Right To Privacy Under Article 21

Phone Tapping Right To Privacy Under Article 21

History of Phone Tapping

“There is nothing we like to communicate to others as much as the seal of secrecy together with what lies under it.” - Friedrich Nietzsche



The term ‘phone tapping’ also means wiretapping or interception of phone. It was first started in U.S.A in 1890s after the invention of telephone recorder. Although, the Supreme Court of U.S.A. didn't become a valid law until 1928, at the height of Prohibition. Roy Olmstead, a Seattle bootlegger, was convicted on the basis of evidence congregated by tapping a phone in his home.

He then stated that, the authorities had violated his fundamental rights but the court upheld his conviction, stating that tapping somebody's phone is not a physical incursion of privacy. Prior to the attack on Pearl Harbor and the ensuing ingress of the United States into World War II, the U.S. House of Representatives held hearings on the legitimacy of interception of telephone for national defense. Important legislation and judicial decisions on the validity and constitutionality of wiretapping had taken place years before World War II. Conversely, it took on new urgency at that time of national crisis. In the case “Katz v. United States”, Supreme Court of U.S. stated that wiretapping requires a warrant. In 1978, the Foreign Intelligence Surveillance Act (FISA) was created for issuing wiretap warrants in national security cases.

Speedy Dispute Resolution Arbitration Act, and MSMED Act

Speedy Dispute Resolution Arbitration Act, and MSMED Act

That despite contempt committed by the petitioner right in face of the court still the petition need not be dismissed for the contemptuous act and or Order 39 rule 11 of 'Code of Civil Procedure'.


These precedents shake the very basis of enactments the 'The arbitration and Conciliation Act 1996' and the ''The Micro, Small and Medium Enterprises Development Act 2006' for speedy of alternate dispute resolutions.

Right to legal representation

Right to legal representation
Generally, Representation through a lawyer in any administrative proceedings is not considered as an indispensable part of the rule of Natural Justice and also the extend of the right to legal representation any administrative proceedings or quasi-judicial proceedings depends on the provisions of the statute. However, the question of right of legal representation is always to be decided in the context of the specific factual situation in each case.

Thursday, December 28, 2017

Copyright Protection For Fictional Characters

Copyright Protection For Fictional Characters

Copyright Protection For A Character

Law does not recognize property rights in ideas but only in expression of the same in a particular manner adopted by the author to the extent to which they form a substantial part of the work 4 and if their expression is not copied the copyright is not infringed. 5 Emphasis should be placed on the attributes and traits create a sufficiently developed character which are distinctively possessed by Samuelson’s character. Kellman States a fictional character to be considered of
http://www.legalserviceindia.com/copyright/register.htm

Economic Benefits of Intellectual Property Rights

Economic Benefits of Intellectual Property Rights

Economic Development and Intellectual Property Rights

Economic analysis of Intellectual Property Rights is utilitarian, questioning whether the benefits of any system outweigh its costs, both in static and dynamic terms. The anticipated benefits and costs depend on characteristics of markets, products and social institutions.

Law of Adultery Under IPC - A Critical Analysis

Law of Adultery Under IPC - A Critical Analysis

The provision requires the following essentials:

1.Sexual intercourse by a man with a woman who is and whom he knows or has reason to believe to be wife of another man.


2.Such sexual intercourse must be without consent or connivance of the husband.


3.Such sexual intercourse must not amount to rape.

Friday, December 15, 2017

Notice of A Contract To Transfer of An Immovable Property

Notice of A Contract To Transfer of An Immovable Property
The Transfer of Property Act lays down the principles to be followed for a legally enforceable transfer of an immovable property. It lays the basic requirement for a valid transfer –The transfer should be between two living individuals (inter- vivos). The same should be duly registered under the Registration Act. Registration is a process of officially recording of a document.

Impacts of information technology in insurance industry

Impacts of information technology in insurance industry

Increased Use of Internet of Things By Insurers:

Decline in the cost of sensors, improved communication methods and increased data processing power have enabled the widespread use of the Internet of Things (IoT).



The data transmitted by IoT can be further analysed using data processing techniques for useful insights.in the insurance industry, the property and casualty (P&C) line of business was the first to adopt IoT in the form of vehicle telematics and other forms of it such as connected home technologies and wearables[6] have a slower rate of adoption, but they are expected to have widespread adoption in the future.

The Law Against Sexual Harassment

The Law Against Sexual Harassment

Women were sexually harassed long before there was a term for it. Since industrialization, women working in factories and offices have had to endure sexual comments and demands by bosses and coworkers as the price for economic survival.


In the absence of civil and penal laws in India, for providing adequately and specific protection to women from sexual harassment in the work places, in 1997, the Supreme Court passed a landmark judgment in Vishaka vs.State of Rajasthan

Thursday, December 14, 2017

Advertising in Legal Profession

Advertising in Legal Profession
Despite having a thousand lawyers enrolled with bar council every year, neither law professionals nor the law firms have the right to advertise their profession.



 Lawyers are prohibited from doing anything that might influence prospective client. The prohibition on advertising is based on the old British notion that law is a “noble profession”.

Evolution of Moral Rights in India: Revisiting Amarnath Sehgal v. Union of India

Evolution of Moral Rights in India: Revisiting Amarnath Sehgal v. Union of India
Amarnath Sehgal v. Union of India and Anrwas the first case involving the issue of moral rights in India. The case was first filed on 29th May, 1992 before Jaspal Singh, J. wherein an interim injunction was awarded in favour of the petitioner.

Wednesday, December 13, 2017

Administration of Central Vigilance Commission

Administration of Central Vigilance Commission
Corruption is one of the major worries that the citizens of a country, always, have in them. Corruption has now become inevitable especially in the democracies where the power is in too many hands. A country’s government should always be vigilant about their usage of money because they are directly accountable to the citizens of that particular country.

Vigilance means to ensure clean and prompt administrative action towards achieving efficiency and effectiveness of the employees in particular and the organization in general, as lack of Vigilance leans to waste, losses and economic decline. Corruption is one of the serious problems that affect the Indian polity.

Evolution of Corporate Criminal Liability In India

Evolution of Corporate Criminal Liability In India
As the advancement in science and technology has made the world borderless, the transactions and dealings of the corporate have become global with the help of communication systems, thereby paving a sophisticated way to commit crimes.

Easy Steps to Apply for Police Clearance Certificate India

Easy Steps to Apply for Police Clearance Certificate India
The visa process begins with an application for the same. Any family member or the foreign employer can file the petition with the immigration authority.

Let’s say a doctor in the US wants to seek this grant. He himself or his family member can apply to the US Citizenship & Immigration Services (USCIS). The latter looks into the immigration matters.

The Fugitive Offenders Bill

The Fugitive Offenders Bill
In pursuance of the announcement made by finance minister Arun Jaitley in his Budget speech on February 1 where Jaitley had noted in the recent past that there have been instances of big time offenders, including economic offenders, fleeing the country to escape the reach of law where he had said that “We must ensure that the law can take its own course," THE FUGITIVE ECONOMIC ofFENDERS BILL, 2017 has been introduced.

Steps To Get CENOMAR From India In The Us For Marriage

Steps To Get CENOMAR From India In The Us For Marriage
Today with the change in time people move from one country to another and sometimes settle down there for their benefit and leave their home country and if a person wants to marry in U.S. i.e. United States then he may have to get the CENOMAR certificate from the home country.