Saturday, July 29, 2017

Challenges of Copy Right And Cyber Space

Challenges of Copy Right And Cyber Space

Copyright is a key issue in Intellectual Property Rights (I.P.R) in digital era. Though the term “Copyright” is not new, the modern technology brought in a great importance to intellectual property and copyright in particular, which has cropped up in new concepts such as computer programs, computer database, computer layouts, websites etc.



A great care is taken to trace out the linkage between copyright and cyberspace, by taking the readers to have glimpses of database history, software nuances, which establish a ground reality upon this topic and clinches the issues with no iota of doubts anymore.

Thursday, July 27, 2017

Aerial Hijacking and the International Law

Aerial Hijacking and the International Law
This article on the topic "Aerial Hijacking and the International Law" dicusses the incidence of international terrorism and the various international laws in the realm of treaties and customs signed and followed by nations in order to combat the problem.

It is an issue of severe importance as it not only endangers order and social security of States but also hampers communication, disrupts normal functions of nations and threatens life and property. A detailed analysis of various treaty laws signed and ratified by nations discuses the advantages as well their shortcomings for scope of improvement and amendment.

The September 11 attacks, probably the most destructive till date have also been discussed with respect to the application of various international treaties and customary laws. The purpose of this article is to understand the concept of aerial hijacking, what constitutes aerial hijacking in legal sense, the policies and procedures adapted for punishment and extradition, and suggestions for prevention of the same.

Tuesday, July 25, 2017

Procedures and Powers of Claim Tribunals

Procedures and Powers of Claim Tribunals

Section - 169. Procedures And Powers Of Claim Tribunals



(1) In holding any inquiry under section 168, the Claims Tribunal may, subject to any rules that may be made in this behalf, follow such summary procedure as it thinks fit.



(2) The Claims Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed; and the Claims Tribunal shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).



(3) Subject to any rules that may be made in this behalf, the Claims Tribunal may, for the purpose of adjudicating upon any claim for compensation,



choose one or more persons possessing special knowledge of and matter relevant to the inquiry to assist it in holding the inquiry.

Compoundability of non-compoundable offences

Compoundability of non-compoundable offences
The word compoundability of an offence under criminal law appears to be absurd a little bit because it is not an act which can be commercially or monetarily compensable. It is actually the hardship that is caused to the mind or body of the victim rather causing him only pecuniary loss. Generally the question of compromise will come into picture where the loss sustained by the victim can equally compensable in terms of money by the other.

Sunday, July 16, 2017

Street Children-Human Rights A Socio Legal Issue In India

Street Children-Human Rights A Socio Legal Issue In India
Very recently a news item appeared in a national daily with a pathetic photograph of two rag pickers fighting to collect leftover food items near a dustbin in a street corner in a metro city, the site was very ugly, unhygienic, and full of stench and none dares to step in for the fear of getting infected with deadly contagious diseases.

Wednesday, July 12, 2017

How to Apply for Non -Availability of Birth Certificate (NABC)

How to Apply for Non -Availability of Birth Certificate (NABC)

Which authority issues it?

In urban regions: This document falls under the category of civil rights. To address birth and death related problems, each zone of the urban regions has designated Municipal Corporation (MC). The Deputy Health Officer in MC is the competent authority to issue this certificate. Also, there are vaccinators of vaccination centres which are run by the state government. The para-medical staff of this health centres/ sub-centres emerges in the role of sub-registrar. It can also issue this certificate in the absence of Deputy Health Officer.

How to get Real Time Experience of solving Legal Issues

How to get Real Time Experience of solving Legal Issues
As a Law Student, we all study hard and want to be a Super Lawyer. But after completing our Graduation when we enter the real world of professional what we saw - Lack of Confidence and experience and that's why some experienced lawyers bully us.

Marital Rape

Marital Rape

Rape is an unlawful sex without assent of a man because of physical drive or dangers, or due to deceitful demonstration of perpetuator. In India rape by an outsider is a penal offense under section 375 and 376 of IPC. Shockingly, it unequivocally avoids marital rape from ambit of conviction. Marital rape is sex by spouse with his better half without her assent or by compel or danger.

Patriarchal framework that administers Indian families has constantly considered ladies as unimportant property of her significant other or guardian. So rape was considered as theft of ladies and wrong against spouse or guardian.

This belief system has impacted our legislatures in disregarding offense of spouse rape by giving it shield of wedding right of the spouse and by this they are noiselessly tolerating that ladies are only a protest of sexual satisfaction of her better half with no will of her own over her sexuality. This discernment has laid down ladies' entitlement to uniformity and equity.

Sunday, July 02, 2017

Registration under GST in a simplified way

Registration under GST in a simplified way

Registration (Section 22)



Under section 22 it has been said that every supplier shall be registered under the act in the state or Union Territory but there is other provisions made for special category states, form where the person makes a taxable supply of goods or services and when his aggregate turnover in a financial year exceeds twenty lakhs rupees, he has to get himself registered under the act.

Lifting Up The Corporate Veil

Lifting Up The Corporate Veil

Company As A Separate Legal Entity

Section 9 of the Companies act 2013 deals with independent existence of the company. This section states that a company becomes a corporate body that is capable of functioning as an incorporate individual. An exceptionally good feature of the Companies act is that, it has independent corporate existence. Company in law is a person. It is distinct legal personality that is independent of its members. Therefore it is separate from its shareholders, directors, promoters etc. It is bestowed with the certain rights and is bound by duties. No person or member has a right to say that ‘This is my company.’ No one can become the owner of the company because the enterprise has its own separate entity. The principle of the company was lead down in the case of Salomon vs. Salomon and company.

Constitutional perspective of uniform civil code

Constitutional perspective of uniform civil code

Our constitution provided certain strong safe guards in Part III for the protection of individual rights irrespective of their differences as to caste, creed, religion, race, sex and place of birth. It has put strong fetters on the state not to make any laws in such a way which may create discrimination on any of the aforesaid grounds. Under the basic feature of Secularism, the state extends its respect to all religions equally.


Monday, June 19, 2017

Santhara: A Path To Death

Santhara: A Path To Death

Traditions and customs have gradually and continuously interlinked with the society in an unbreakable and in an un-separable way. But sometimes these customs and traditions result in being a social evil for the society. As commonly said, "Time is changing and we should change with time” is the basic rule of nature.

What is GST How is It Beneficial for Citizens and NRIs

What is GST How is It Beneficial for Citizens and NRIs

What’s GST?

As aforementioned, the GST stands for the Goods and Services Tax. It eliminates payment of multiple taxes levied in various forms. Indeed, it’s an indirect tax that is constituted to kick out the pain of paying multiple taxes.



Earlier, around 20 types of different taxes were levied on multiple goods and services. Some of them were imposed upto 50% of the total cost. Thereby, the commoners had to bear unwanted pain of multiple taxes on one product/service. But very soon, this revised law would level all taxes up to 18%. It implies that the products and services in Delhi would cost similar to the same product and services in any other state, like Mumbai, Kolkata and Chennai.