Wednesday, April 26, 2017

Meaning and Kind of Person

Meaning and Kind of Person
The term ‘person’ and ‘personality’ has a historical evolution. Roman law, Greek law and Hindu law, has used the concept too. In Roman law, the term had a specialized meaning, and it was synonymous with ‘caput’ means status. Thus, a slave had an imperfect persona. In later period it was denoting as a being or an entity capable of sustaining legal rights and duties. In ancient Roman Society, there was no problem of personality as the ‘family’ was the basic unit of the society and not the individual.

The term person is derived from Latin word persona which means a mask worn by actors playing different roles in a drama. In modern days it has been used in a sense of a living person capable of having rights and duties. Now it has been used in different senses in different disciplines. In the philosophical and moral sense the term has been used to mean the rational quality of human being. In law it has a wide meaning. It means not only human beings but also associations as well. Law personifies some real thing and treats it as a legal person. This personification both theoretically and practically clarifies thought and expression.

There are human beings who are not persons in legal sense such as outlaws and slaves (in early times). In the same way there are legal persons who are not human beings such as corporations, companies, trade unions; institutions like universities, hospitals are examples of artificial personality recognized by law in the modern age. Hence, the person is an important category of concept in legal theory, particularly business and corporate laws have extensively used the concept of person for protection as well as imposing the liability.

Problems And Issues of Surrogate Mother and Her Child

Problems And Issues of Surrogate Mother and Her Child
The supreme court of India by virtue of case, “Baby Manji vs. Union Of India”, has made commercial surrogacy legalized in India. India is immerging as a leader in international surrogacy. Surrogacy in India is much simpler and cost effective than anywhere else in the world. There is no law governing the surrogacy ‘Surrogacy Agreement’, is the only base which governs the parties to surrogacy. Therefore the commissioning parents are required to be attentive while signing agreement, so that the surrogacy agreement is not held void in court of law.

Tuesday, April 11, 2017

Women Participation in Democratic Government :- Issues and Challenges

Women Participation in Democratic Government :- Issues and Challenges

Women Political Participation In Indian Politics :- Historical Context

The status of women in India has seen many ups and downs since ancient times - from at par status in ancient history to be in veils (Parda System) during the Medieval period. In the post independent India, the status of women regained its strength and has been on a rise ever since. Women in post independent India have been participating in almost all types of economic activities, day-to day household chores, voting for a better governance and also in active politics. India has elected a woman prime minister, Indira Gandhi, and a woman president, Pratibha Patil. In the present central government, women comprise roughly quarter of the Indian cabinet with portfolios like external affairs, commerce and human resource development. At the ground level, India has a significant proportion of women in local level politics which has been achieved by reserving seat for women.

Role of Proxy Advisory Firms In Corporate Governance

Role of Proxy Advisory Firms In Corporate Governance

Corporate Governance

Proxy Advisory firms in India have flourished since 2010. And since then it stood as one of the main reasons for shareholder activism in India. Within almost 6 years of its birth, three such research analyst firms have emerged in India. The recommendations and suggestions provided by these firms regarding the voting option are regarding various corporate agendas such as:-independence of the director, corporate restructuring, independent auditors, related party transactions and the like.

Thursday, April 06, 2017

Major changes brought about by the Trademark Rules,2017

Major changes brought about by the Trademark Rules,2017
The Government of India took forth the initiative to draft a new set of rules that are in alignment with the objective of fastening the procedure of trademark filing while decreasing red-tapism and delays.

A notification regarding the draft rules for Trademarks was published by the Government of India in November 2015 inviting objections and suggestions from people who are likely to be affected by the said rules. Keeping in view the suggestions received and objections raised, the Central Government has formulated Trademark Rules 2017,thereby replacing the Trademark Rules 2002.It came into effect on 6th March,2017.

Wednesday, April 05, 2017

Special Acts and the Transfer of Property Act, 1882 - Harish Chandra Hegde v. State of Karnataka

Special Acts and the Transfer of Property Act, 1882 - Harish Chandra Hegde v. State of Karnataka

Transfer of Property and Special Laws

Under the provisions of Section 2 of the Transfer of Property Act, 1882, the transfer of property by operation of law has been excluded. It has been mentioned in the preamble to the Act that the Act operates only when the transfer is inter vivos and by act of parties. The transfer of property by act of parties is when the transfer takes place between living persons.

Take Urgent Action To Combat Climate Change And Its Impacts

Take Urgent Action To Combat Climate Change And Its Impacts

"The Earth is not dying, it is being killed. And the people who are killing it have names and addresses." said Utah Phillips, an American Poet. Global warming and consequently climate change are the most alarming issues in present days. In the past 10-15 years the world has witnessed a drastic change in the global climate scenario. Extremes of temperature, natural disasters, are all its immediate consequences.

Demonetization-Challenges In Cash Less Economy

Demonetization-Challenges In Cash Less Economy

On the 8th of November Prime Minister Narendar Modi made a very bold and historical move by demonetizing the Indian currency notes of Rs. 500 and Rs. 1000 and introduction of Rs 2000 notes. Which created a buzz in the country leading to serpentine lines outside the ATMs. Prime Minister Modi made the decision in a secret meeting where very people were present so that the very reason behind the demonetization is not hampered by the disclosure of the news by giving chance to hoarder of black money to find the solution of their problem.

Demonetization was introduced to tackle three main problems which are counterfeit currency, terrorist financing and black money. These are the 3 major problems that our country is facing, which have to be given priority in order to give a push for development.

Thursday, March 30, 2017

Right To Privacy A Fundamental Right-Uidai Violative of Individuals Right To Privacy

Right To Privacy A Fundamental Right-Uidai Violative of Individuals Right To Privacy
Over the period of time, the meaning of privacy has changed; but that does not mean it is a dynamic term, just that it needs a dynamic interpretation of law. Many countries have recognised the Right to Privacy as their constitutional right. The scope of Privacy is limited.

The U.S. Supreme Court claims that there are two different dimensions to privacy: both control over information about oneself and control over one’s ability to make certain important type of decisions. The scope of privacy is ever changing and can never be brought under a curtain at any point of time as the human concepts differ even within our own homes, and this is the challenge faced by the legislation and the courts. Over the ages, the Supreme Court of India has articulated an implicit right to privacy derived from the language set out in Article 21 of the Constitution. However, India does not have a separate and specific legislation that explicitly recognizes the right to privacy and sets out the contours of its applicability.

Aadhaar, which is now made mandatory for availing social benefits, has been controversial since its very inception. For the common citizen, privacy was already put at stake when they submitted their identity information to the UIDAI. However, it may be granted that the bill does attempt to address some of the concerns that had arisen about privacy.

How NRIs Send PoA from Abroad and Use its Attested Copy in India?

How NRIs Send PoA from Abroad and Use its Attested Copy in India?

What if you are in urgent need of selling your Indian property but unable to visit India? What if you want to exchange your Indian currency notes from abroad? What if you as an NRI want to name your property in Sydney to your relative?

Like above asked questions, there are many queries of NRIs especially that remain unsolved. They go into overdrive to resolve their dilemma. But eventually, they find no solution. It’s actually the play of authority. Your own or any competent one’s presence can be approved as an authority. And once it is proven, you can effortlessly sell your property while being in foreign or get visa as well.

Representation of Women in the Legal Profession In India

Representation of Women in the Legal Profession In India
Starting with the induction of Cornelia Sorabji into the High Court of Allahabad in 1921 to practice as an Advocate, the legal profession had thrown open its doors to the female population of India. Formally, after the passing of the Legal Practitioners' (Women) Act, XXIII of 1923 abolishing the bar on women from practising Law, Indian women were granted the right to take up the legal profession and practice as Advocates in the Courts of Law.

Working of Capital Market In India

Working of Capital Market In India

Indian Securities Market

This market refers to the market which deals in equities and debentures of the corporates. This market consist of PRIMARY MARKET and SECONDARY MARKET.

Primary Market: It deals with new securities i.e securities which were not previously available and are offered to the investing public for the first time. It is the market for raising the fresh capital in the form of the shares and debentures. It provides the issuing company with additional funds for starting the a new enterprise or for the other expansion of diversification of an existing one and thus its contribution to compant financing is direct. This new offering by the companies are made either as an initial public offering or rights issue

Formation of Special Courts in Rape Cases for Speedy Trial: A Necessity

Formation of Special Courts in Rape Cases for Speedy Trial: A Necessity
Justice delayed is justice denied is the corner stone in delivering justice, speedy trial is the essence of the criminal justice. If legal redress is available for a party that has suffered some injury, but is not forthcoming in a timely fashion, it is effectively the same as having no redress at all. Rape is a heinous crime which gives pain and suffering to the victim both physically and mentally. It is a violative of Article 21 of the constitution, Article 21 of the constitution guarantees

Quashing of False FIR registered under 498A and 406 of the Indian Penal Code

Quashing of False FIR registered under 498A and 406 of the Indian Penal Code

Harsh Vardhan Arora v. Smt Kavita Arora,

The Court can exercise extraordinary jurisdiction vested under section 482 of the Code of Criminal Procedure 1973 primarily to prevent the abuse of the process of the court or otherwise secure the ends of justice. Basically it would depend on fact situation of each case which would enable the court after reading the complaint as a whole whether allegations made therein at their face value bring out the ingredients made therein at their face value bring out the ingredients of the offence or whether these do not constitute the offence for which cognizance was taken by the magistrate and in the later case the court would be justified in quashing the complaint.

Unsophisticated Arena of Criminal Investigation: Loopholes and Repercussions

Unsophisticated Arena of Criminal Investigation: Loopholes and Repercussions
 not playing active role in quest for truth like in inquisitorial system –
playing just the role like that of an umpirOurs being an adversarial system of
criminal justice, role of police in arena of criminal investigation and
marshalling of evidence for trial is active one. With area of investigation and
collection of evidence left to investigating officers and prosecution at
pre-trial stage and judiciary being itself hands-off in such matterse in a
football game at pre-trial stage, question is how much adherence is shown by
police and investigating agencies toward procedure and how effectively
investigation is conducted and how much modern technology and its probative
value in trials is appreciated or is it just undermined?

Tuesday, March 28, 2017

Hidden factors that slow our courts and delay justice

Study shows why merely increasing the number of judges may not be enough to clear the alarming backlog of cases

Much popular attention pertaining to the judiciary has been on the vexed question of judicial appointments, a power struggle between the government and judges for determining who has the final word on the judiciary’s ideological tra
jectory and the careers of individuals manning it.

This has meant that the core issue — unacceptable delays in the judicial system — is sidelined. Delay is mainly seen as an HR issue — appoint more judges and delay will automatically reduce. By blaming delay solely on inadequate capacity, neither the judiciary nor the government is asking the hard questions: What are the mindsets within the judiciary that allow a culture of delay to fester?

As of September 30, 2016, the Supreme Court has nearly 61,000 pending cases, official figures say. The high courts have a backlog of more than 40 lakh cases, and all subordinate courts together are yet to dispose of around 2.85 crore cases. At all three levels, courts dispose of fewer cases than are filed. The number of pending cases keeps growing, litigants face even dimmer prospects of their cases being disposed of quickly.

This is the trend across the country. In high courts, 94% of cases have been pending for 5-15 years. In Alla- habad, the country’s largest and by many accounts, an inefficient court, 925,084 cases are pending. On an average, cases take three years and nine months to get disposed. In Delhi HC, considered publicly as one of the best, 66,281 are pending. It takes an average of two years and eight months to give its verdict in a case. To be fair, delays are not a peculiarly Indian phenomenon. Many advanced countries struggle to provide quick, high-quality justice to citizens. But in India the scale of the problem is unprecedented.

Focusing on capacity alone won’t reduce delays. A pervasive reason for delays is adjournments. A study by the Vidhi Centre for Legal Policy (VCLP) conducted on Delhi HC found that in 91% of cases delayed over two years, adjournments were sought and granted. Merely increasing the number of judges won’t help because adjournments are acceptable in our judicial system. These encourage delaying tactics, block judicial time, prevent effective case ma n a g e me n t and impoverish litigants. They deter many from seeking access to formal justice. Apart from the lawyers, who often charge per hearing, none benefits.

An initiative by VCLP — Justice, Access and Lowering Delays in India (Jaldi) — seeks to address the problem. It talks of reducing government litigation, compulsory use of mediation and other alternative dispute resolution mechanisms. It mentions simplifying procedures, recommending precise capacity reinforcements and use of technology. The goal is to find a way to clear all backlog in the courts within six years
This isn’t unrealistic. In Singapore, the implementation of similar reforms in the 1990s led to astonishing results, 95% of civil and 99% of criminal cases were disposed of in 1999. The average length of commercial cases fell from around six years in the 1980s to 1.25 years in 2000. The pending cases count hasn’t grown substantially since.

While implementing such reforms will present challenges, it is critical that the public narrative around delays changes. Delay in courts is not an HR issue — it is a question of the growth of a culture that has made delays acceptable. It impacts our ease of doing business rankings and hinders access to justice to the mazdoor whose employment has been unlawfully terminated.

Scarcely has there been an issue that cries out louder for the government and the judiciary to secure the constitutional mandate of speedy and effective access to justice.

By Arghya Sengupta is research director, Vidhi Centre for Legal Policy


Sunday, March 26, 2017

Sound Registration in India - Trademark Office

Jingles and chimes can make trademark noise

Did you know that the National Stock Exchange's theme song is registered as a sound mark in India? The Trade Mark Rules, 2017, which were notified recently, have revised the procedures and made it easier for companies to file applications for registration of sound marks, by appending an MP3 file in the application.

Over the years, there have been only a handful of registrations of sound marks in India—the first being the 'Yahoo Yodel' of Yahoo Inc, which applied in 2004 for registration of the sound of a human voice yodelling the word 'Yahoo'. For a sound mark to be registered, the applicant needs to prove factual distinctiveness of the sound—in other words, there must be a recall of the sound with the product or service.

Sounds can be a corporate jingle (ICICI Bank) or the sound heard on logging into a device (Nokia).

"In today's world, where people have access to various technologies, sound plays an important role in the marketing process. People associate goods or services with the sound which represents it," points out Vikrant Rana, managing partner, SS Rana & Co, an IP law firm.

Shwetasree Majumder, co-founder, Fidus Law Chambers, agrees: "It takes brand recognition to another level. It paves the way for asserting a trademark even when you can't use a word or a logo in a setting. In businesses that are largely intangible, registration of sound marks is certainly of value".

Traditionally, companies registered words, names, labels, acronyms, signatures with the trademark registry. Procedural challenges deterred many companies from registering sound marks. "Prior to notification of the revised rules on March 6, an application for registration of a sound mark required the applicant to submit its graphical representation, viz: musical notations and written description. As not many people can read music, this itself was an obstacle at all stages involved in the registration process—be it examination by the trade mark registrar or opposition to its registration," points out Rana.

The sound mark was published in the trademark journal as a graphical representation which not many people would understand and the registration certificate also consisted of the sound mark as a graphical representation, he adds.

"The new rules permit applicants to attach an MP3 sound track, together with graphical representation of the musical notation, this will be helpful and will encourage companies to come forward and protect their sound marks," says Raja Selvam, managing attorney at law firm, Selvam and Selvam.

This small but crucial change in the application procedures could see a renewed interest in registration of sound marks.