Thursday, September 14, 2017

Protection of minority shareholders in a company under companies Act, 2013

Protection of minority shareholders in a company under companies Act, 2013
Democratic decisions are made in accordance with the majority decision and same rule was also applicable in the Companies cases also. As per the Companies Act 1956, shareholders who hold the majority of shares, rule the company.

No, Trade secrets are no alternative to Patent protection

No, Trade secrets are no alternative to Patent protection
I admit that Trade secret option is preferable for many cases but the scope of this option is limited and the whole concept is not right for technology based companies.

Patent protection is the right step to protect your asset for the growth of the startup and for future benefits. So do not ignore this crucial thing which can benefit your current startup in future, in many ways.

Thursday, September 07, 2017

Procedure in case of Corporate Debtor under Insolvency and Bankruptcy Code, 2016

Procedure in case of Corporate Debtor under Insolvency and Bankruptcy Code, 2016
There are three types of creditors: Operational Creditor (including workmen and employees), financial creditors and creditors who do not come under the previous two categories.



The third type of category of the creditors implied to be taken as the creditors as per the notification issued by the Insolvency and Bankruptcy Board of India via its Press release dated 16th August, 2017 as The Insolvency and Bankruptcy Board of India has amended these regulations today to provide for a form (Form F) for submission of claims by creditors other than financial and operational creditors. It is still not clarified whether this third type of creditor can initiate CIRP proceedings before the NCLAT.

Justice As Fairness

Justice As Fairness

Rawlsian Principles

Rawls argues that principles of justice will be arrived at through consensus by people in the original position and under veil of ignorance . These are:

a. Each person has an equal right to a fully adequate scheme of equal basic liberties which is compatible with a similar scheme of liberties for all .

b. Social and economic inequalities are to satisfy to conditions . First , they must be attached to offices and positions open to all under conditions of fair equality of opportunity ; and second , they must be to the greatest benefit of the least advantaged members of society.

Wednesday, September 06, 2017

Expanding Horizon of Freedom of Speech And Expression

Expanding Horizon of Freedom of Speech And Expression

As already stated it is necessary to maintain and preserve press in a democracy. But at the same time it is also necessary to place some restrictions on this freedom for the maintenance of social order, because no freedom can be absolute or completely unrestricted. Accordingly, underArticle 19(2) of the Constitution of India, the State may make a law imposing reasonable restrictions on the exercise of the right to freedom of speech and expression in the interest of the public on the following grounds:-



1. Sovereignty & Integrity of India

2. Security of the State

3. Friendly relations with Foreign States

4. Public Order

5. Decency or Morality

6. Contempt of Court

7. Defamation

8. Incitement to an Offence

Draconian law of section 377 IPC

Draconian law of section 377 IPC

The Hon’ble court while delivering the judgement held and I quote:

“While parting with the case, we would like to make it clear that this Court has merely pronounced on the correctness of the view taken by the Delhi High Court on the constitutionality of Section 377 IPC and found that the said section does not suffer from any constitutional infirmity.



Notwithstanding this verdict, the competent legislature shall be free to consider the desirability and propriety of deleting Section 377 IPC from the statute book or amend the same as per the suggestion made by the Attorney General”


Monday, September 04, 2017

Delegated Legislation Development and Parliamentary Control

Delegated Legislation Development and Parliamentary Control

The Principle of Delegated Legislation has been defined as:

“This principle which has been well-established is that the legislature must lay down the guidelines, the principles of policy for the authority to whom power to make subordinate legislation is entrusted.”



Delegated Legislation: Meaning

Delegation of powers means the powers passed on by the higher authority to the lower authority to make laws. Delegated legislation means the powers given by the legislature to the executive or administration to enact certain laws. The simple meaning of the expression “delegated expression” may be:

When the function of the legislation is entrusted to organs other than the legislature by the legislature itself, the legislation made by such organs is known as delegated legislation.

Character of Person Is Shaped By Religion He Practice

Character of Person Is Shaped By Religion He Practice

Religion is an invisible force that binds a community of persons together. Human life is uncertain. He struggles for his survival amidst the uncertainties, insecurities and dangers, Some-times he feels helpless. It is the religion which consoles and encourages him in all such time of crisis. Religion gives right shelter to him.



He gets mental peace and emotional support. It encourages him to face his life and problems. Religion not only reflects the worship of lord but also reflects different roles that it possess and which tends a human being to develop oneself.

What is Article 35-A of the Constitution of India

What is Article 35-A of the Constitution of India
What is Article 35-A of the Constitution of IndiaIt all began in 2014 when a Delhi based NGO filed a PIL in the Supreme Court of India, challenging the Constitutional validity of Article 35-A of the Constitution of India.

Criminal trial

Criminal trial
Substantive law tells about the rights and liabilities of a particular person ,while procedural law tells about the mechanism by which we can implement the substantive law. In the case of criminal law IPC is substantive law and crpc is a procedural law which implement the provisions of IPC.

Priority Sector Lending In India

Priority Sector Lending In India
The work titled ‘priority sector lending in India’ primarily focuses on understanding the concept of priority sector lending (hereinafter PSL) or directed lending. It focuses on the informative approach and tries to answer few necessary questions in order to explore the concept of PSL and its presence in Indian governance.

Protect Rights of Justice Seekers: A Critical Analysis of Legal Aid Laws of Bangladesh

Protect Rights of Justice Seekers: A Critical Analysis of Legal Aid Laws of Bangladesh
The most two important weapons for the purpose of preventing social violence and development of societies are equality before law and ensuring social justice.

Legal aid signifies the very spirit of equality and equity protected in the modern notions of constitutional law, as so in the Constitution of Bangladesh. Both national and international arena the doctrines of equal treatment of law and fair judicial trial have found as one of the foundations of fundamental human rights. A significant number of people of Bangladesh are still underprivileged of their constitutional right of access to justice and fair judicial processes caused mainly by poverty, ignorance, illiteracy, oppression and exploitation. Legal aid is a tool of providing aid to the poor litigants and justice seekers who are unable to afford the high fees of lawyers and admittance to the court. In comparison with the old legal system in our country legal aid is relatively new.

Nowadays, legal aid can be arguably said as a crying need to ensure social and legal justice in Bangladesh because most of the citizens live below the poverty line which incidentally makes matters worse.

In this article I have discussed the constitutional basis of Legal aid in Bangladesh followed by an analysis of current legal provisions, the gaps, loopholes and complexities of the existing laws relating to legal aid services in Bangladesh and frame out a comprehensive solution for ensuring the aid program so that legal aid protects the justice seeker’s rights.

Also read:

A Study on Dissolution of Muslim Marriage in the Context of Bangladesh: A Critical Analysis: Where the husband and wife are not in a position to live peacefully on personal reason, Islam allows the discontinuation of marriage. Initially no marriage is contracted to be dissolved but in unfortunate circumstances the matrimonial contract is broken. One of the ways of such dissolution is by way of divorce.-Md. Saleh Akram- Posted: 2017/8/23
Lawyers in Dhaka

Wednesday, August 30, 2017

Outcaste, Oppressed And Ostracized: The Transgender Persons In India

Outcaste, Oppressed And Ostracized: The Transgender Persons In India

A transgender person is one who is neither male nor female. It is an umbrella term which includes any person who does not conform to the conventional standards of gender. Although the constitutional rights extend to all the citizens of the country, this community has been facing prejudice for centuries and in many cases at the hands of policemen and law enforcement authorities. There is no law that caters to their need specifically. The ‘Transgender Persons (Protection of Rights) Bill,2016’ has been approved by the Union Cabinet for introduction in the Parliament and if passed, it will give a chance to the community to live a life of dignity, freedom, equality and empowerment. It’s high time that we as privileged population help the less privileged to grow socially, economically and culturally.



# http://www.legalserviceindia.com/article/l449-Transgender.html

The Concept of Framing

The Concept of Framing
The Web Paradox of Frames: The web was built as a system of addressable resources (naturally of information) that identifies each resource can by a unique URL. Frames breaks this design since now many resources are grouped together under one URL (the frameset URL), but only one resource can be shown (typically the default page defined in the frameset).

Money Laundering Evolution, Means of Committing and Fight Against

Money Laundering Evolution, Means of Committing and Fight Against

What is Money Laundering?

Money Laundering is a criminal act of misrepresenting illegally obtained money, such as from drug trafficking or terrorism, being obtained from legitimate resources. It is one of the illicit activities through which criminals disguise their original ownership of undeclared money by making proceeds appear to have been derived from lawful sources. It is also one of the methods to avoid tracking or identification of assets or tax assessment so no trouble comes from law enforcing agencies, though these attempts to avoid are also criminal acts.

Tuesday, August 22, 2017

Dissolution of Muslim Marriage in the Context of Bangladesh

Dissolution of Muslim Marriage in the Context of Bangladesh
In Islam, marriage involves legal, social and religious matters. Marriage is a contract, which permits wedlock and procreation and gives legal recognition of the parenthood of children. According to a verdict given by Justice Mahmud, "Muslim marriage is not a sacrament; it is absolutely a civil contract".

The Lethargic Process of Alternate Dispute Resolution

The Lethargic Process of Alternate Dispute Resolution
The basic problem lies in the way in which the adjournments are granted. The prominent system of arbitration in India is ad-hoc arbitration which is accompanied by the tendency to grant frequent adjournments, because of pressure from the senior counsels appearing in the proceedings, it is also that the arbitration proceedings are held after hours so that the practice in the courts should not get affected. Subsequently, the arbitrators are often burdened with long pending cases and the dates fixed are with the gap of months.

Lucknow development authority vs M.k. Gupta AIR 1994 SC 787

Lucknow development authority vs M.k. Gupta AIR 1994 SC 787
Whether Statutory Land Development authorities come under the ambit of Consumer Protection Act 1986.

Whether housing activity came within the purview of services defined in the act prior to its amendment in 1993

The Reservation policy of India: needs to be amended

The Reservation policy of India: needs to be amended

· Reservation in India:

India’s reservation policy which launched in 1959 is the oldest such program in the world.



The idea of caste based reservation system was envisioned by William Hunter and Jyotirao Phule in various forms in 1882 and implemented by Chatrapati Sahuji in 1901. However, the reservation system that exists today, in its true sense, was introduced in 1933 when British Prime-Minister Ramsay Macdonald presented the ‘Communal Award’. This made a provision for separate electorates for Muslims, Sikhs, Indian Christians, Anglo-Indians, Europeans and the Dalits. This system was opposed by Mahatma Gandhi who even fasted in protest against it. But after India’s Independence, there were some major changes were made in for the STs, SCs and OBCs. One of the most important occurred in 1979 when the Mandal Commission was established to assess the situation of the socially and educationally backward classes.

One person company

One person company
The concept of One Person Company was introduced in the Indian company law regime by the enactment of the Companies Act, 2013 (the ‘Act’). This new concept was in furtherance of the objective of creating the necessary environment for the present global corporate structure in India. The main aim behind the incorporation of such a concept is to encourage entrepreneurs who wish to set up micro economic industry, but are in search of a business structure with less effort, time and monetary resource consumption in legal conformity. Under the Company Law 1956, there was a complete bar on an individual to start a company, the only option left with him was to have a sole proprietorship, as the erstwhile law required at least two people to form a company.

Steps to Get CENOMAR from India in the US for Marriage

Steps to Get CENOMAR from India in the US for Marriage

What is I-94 form?



Form I-94 is like a movie entry ticket that one needs to get at the entrance of the USA territory. Most of us think that only specific visa is a mandatory requirement for migrating to America. But this form is also a must asset that the expats must carry along. It is an evidence of legal entry to this democratic country.

lay-off, retrenchment and closure under Industrial Disputes Act

lay-off, retrenchment and closure under Industrial Disputes Act

Definition of Lay off (Section 2(kkk))-



“Lay-off” (with its grammatical variations and cognate expressions) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materialsor the accumulation of stocks or the breakdown of machinery [or natural calamity or for any other connected reason] to give employment to a workman whose name is borne on the musterrolls of his industrial establishment and who has not been retrenched.

Definition of Retrenchment (Section 2(oo))-

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.