Saturday, September 24, 2016

International Commercial Arbitration

International Commercial Arbitration
Arbitration as a mechanism of justice is as old as civilization. Arbitration literally means a mechanism in law which encourages parties to settle their differences privately either by mutual consensus or by mediation of a third person. It was prevalent under the Roman law and the Greek civilization in the sixth century. Earlier in England, the attitude towards arbitration was generally hostile but business exigencies changed the scene, in course of time as a yielding place for commercial arbitration. Ancient India had many traditions of arbitration/ mediation up to the medieval period. The questions like what is the purpose of arbitration?, what are prevalent treaties and conventions regarding arbitration?, what are the laws present in India dealing with arbitration? are dealt in detail in the paper, as human conflicts are inevitable so are the disputes. It is difficult to imagine a human society without conflict of interest. Disputes must be resolved at the minimum possible cost both in terms of money and time.

Patent for technological companies

Patent for technological companies

# Meaning and characteristics of Patents

# Objective of Patent Act

# Inventions not patentable

# India signed international treaties and their benefits

# Types of patent applications

# Procedure of filing patent application in India and at International level

# Top 10 companies with maximum number of patents in the field of technology and impact of obtaining patent in their financial documents

# Profit in the financial documents of the companies after obtaining patents.

# Challenges for obtaining patents

# Significance of obtaining the patents

Thursday, September 15, 2016

Approach Court if you have problem with an order, protest not allowed


The Supreme Court said on Thursday that no one could agitate on the streets or call bandhs to protest against a court order and once again rebuked the Karnataka and Tamil Nadu governments for failing to curb mob violence over the Cauvery water dispute.

HIGHLIGHTS
# People can't become a law unto themselves, said an SC bench
# The bench rebuked both Karnataka and Tamil Nadu governments for failing to check mob violence
# Approach court if you are not satisfied with any order, SC said


An SC bench said, "The people cannot become a law unto themselves and, therefore, it is obligatory on the part of the authorities of both states, Karnataka and Tamil Nadu, to prevent such actions. We are compelled and constrained to say that it is the duty of the states to see that no agitation, damage or destruction takes place."

The bench's September 12 order reducing the daily release of Cauvery water by Karnataka from 15,000 cusecs to 12,000 cusecs did not quell violent protests in both states, despite the court warning the governments and the protesters of dire consequences.


On a PIL by social activist P Sivakumar from Kanyakumari seeking a direction to the authorities in both states to take preventive measures to quell violent protests, the bench said, "The fundamental purpose is that there cannot be any agitation when it relates to an order passed by the court. It (a court order) is to be complied with and, in any case, if there is difficulty, the concerned parties can approach the court."

After asking both state counsels to be prepared to answer questions on their failure to maintain law and order, the bench said, "We sincerely hope that wisdom shall prevail over the competent authorities of both states to maintain peace." Shivakumar's counsel said inhabitants of both states were resorting to competitive protests against the SC order directing Karnataka to release water to Tamil Nadu. "If one party resorts to 'rail roko' (stopping train services) on one day, the other party emulates it the next day," he said.

The court said it felt the situation was returning to normal. However, there were fresh incidents of violence and the 'rail roko' agitation was on in Karnataka on Thursday, while Tamil Nadu protesters have decided to do the same on Friday.
The bench extracted guidelines laid down by the apex court in its 2009 judgment for the police in handling violent protests. "The state government shall prepare a report on the police reports and other information that may be available to it and shall file a petition including its report in the high court or the Supreme Court as the case may be for the court in question to take suo motu action," the SC had said in 2009.

National Judicial Appointment Commission and Its Relevance to the Theory of Separation of Power

National Judicial Appointment Commission and Its Relevance to the Theory of Separation of Power
he National Judicial Appointments Commission (NJAC) was a body tasked with appointing judges to the higher judiciary in India. Article 124 of the Constitution was amended through the 99th Amendment to reflect the change in the system of appointments from the collegium system, in which a body of judges would be consulted by the President to appoint the judges,

National Judicial Appointment Commission and Its Relevance to the Theory of Separation of Power

National Judicial Appointment Commission and Its Relevance to the Theory of Separation of Power
he National Judicial Appointments Commission (NJAC) was a body tasked with appointing judges to the higher judiciary in India. Article 124 of the Constitution was amended through the 99th Amendment to reflect the change in the system of appointments from the collegium system, in which a body of judges would be consulted by the President to appoint the judges,

National Judicial Appointment Commission and Its Relevance to the Theory of Separation of Power

National Judicial Appointment Commission and Its Relevance to the Theory of Separation of Power
he National Judicial Appointments Commission (NJAC) was a body tasked with appointing judges to the higher judiciary in India. Article 124 of the Constitution was amended through the 99th Amendment to reflect the change in the system of appointments from the collegium system, in which a body of judges would be consulted by the President to appoint the judges,

A case against system markets-automobile industry of India

A case against system markets-automobile industry of India



As part of any antitrust/competition analysis, one pertinent question that arises is the decision whether there is a single market that includes both, the equipment and its complimentary products and services, or separate markets, ergo, “primary market”


Economic Persecution Pauperism of a Consumer in a Real Estate Market

Economic Persecution Pauperism of a Consumer in a Real Estate Market
The provision of section 2(1)(d)(ii) of the Consumer protection Act, 1986 was ambiguous as to whether a consumer of the residential flat was covered under the ambit of the definition of services as notified in the following provision?

Economic Persecution Pauperism of a Consumer in a Real Estate Market

Economic Persecution Pauperism of a Consumer in a Real Estate Market
The provision of section 2(1)(d)(ii) of the Consumer protection Act, 1986 was ambiguous as to whether a consumer of the residential flat was covered under the ambit of the definition of services as notified in the following provision?

Wednesday, September 14, 2016

Legal Profession in India

Legal Profession in India
The Legal Profession has always been an important limb for administration of justice. Without, profession of law, the courts would not be in a position to administer and provide justice efficiently as the evidence in support or against the parties to a suit cannot be legitimately marshalled

Friday, September 09, 2016

Wednesday, September 07, 2016

Section 63 and 63-1A of the Maharashtra Tenancy and Agricultural Lands Act

Section 63 and 63-1A of the Maharashtra Tenancy and Agricultural Lands Act
Section 63 of the Maharashtra Tenancy and Agricultural Lands Act (for short “MTAL” or “the Act”) barred transfer of Agricultural lands to Non-Agriculturist without the permission of the Collector or Officer authorized by the State Government.

Corporate Criminal Liability: A Jurisprudential and Comparative Approach

Corporate Criminal Liability: A Jurisprudential and Comparative Approach
A Jurisprudential and Comparative Approach</a>: Large multinational corporations have come to dominate the national and global economic scene. The scale of their operations is enormous. The largest have grown into enterprises of astonishing magnitude that in their economic dimensions

Crime and Politics

Crime and Politics
Thank God.. we have finally got time to look at something else other than Mr. Modi, general elections and our imaginations of so called Achhe Din. But, this indeed required a great sacrifice of 2 sisters who unfortunately were born in a dalit family of U.P, and had to pay heavily for it

Distribution arrangement, whether it creates a permanent establishment

Distribution arrangement, whether it creates a permanent establishment
A foreign company can arrange to sell its products in another jurisdiction (say in this case “India”), where there is a ready market for its products. Various models are adopted to sell their products in foreign jurisdictions

Euthanasia: Contemporary Debates

Euthanasia: Contemporary Debates
The Encyclopedia of Crime and Justice defines euthanasia as an act of death which will provide relief from a distressing or intolerable condition of living. This decision may involve direct intervention active euthanasia) or withholding of life-prolonging measures (passive euthanasia.

Gender Inequality in the Indian Police Force

Gender Inequality in the Indian Police Force
In the last few years, India has witnessed a drastic and positive change in the role of women in the society. The industrial revolution along with liberalization and globalization has altered the status of women from a traditional homemaker to that of a professional.

Green Light on the New Veterinary Medicinal Products Legislation in the EU

Green Light on the New Veterinary Medicinal Products Legislation in the EU
Last June, the EU Parliament started discussions and issued amendments on the European Commission’s Proposals for two new Regulations. Alongside, the FVE (Federation of Veterinarians of Europe) issued their comments on the amendments of the two proposals made by the EU Parliament, in September 2015.

Guidelines for Child Porn Sentences on a Federal Level

Guidelines for Child Porn Sentences on a Federal Level
The increasing crimes of owning, creating and distributing child pornography are difficult for the federal government to keep up with. Despite the harsh penalties for conviction of these crimes, the number of offenders has been increasing for years.

How a Defendant Grand Jury Testimony Can Be Used at Trial

How a Defendant Grand Jury Testimony Can Be Used at Trial
Anything that a defendant says has the potential to be used against him or her in a criminal trial. This includes the testimony that he or she provides during grand jury testimony. The criminal defense lawyer representing the defendant should remain cognizant of this possibility and take proactive steps to protect the defendants legal rights.

Fundamental Right of The Child To Education in Andaman And Nicobar Islands

Fundamental Right of The Child To Education in Andaman And Nicobar Islands
Children have always been a vulnerable group in society. Their needs are secondary in the agenda of the policy maker, and even when these needs are taken into consideration; it is usually done as a token gesture.

Interim Measures under Arbitration, Conciliation Act

Interim Measures under Arbitration, Conciliation Act



Arbitration and Conciliation Act is effective and interrogative part of Alternative dispute resolution system accepted universally. Arbitration and Conciliation Act 1996 repealed old Arbitration Act existing in India and incorporated law relating to domestic arbitration

Tuesday, September 06, 2016

Native dress code moral policing, alien a virtue

Native dress code moral policing, alien a virtue

What an irony that when people are advised to dress property as per Indian traditions, there is a hoarse cry of ‘moral policing’. But these very people are religiously obeying the dress code imposed by our alien British masters.

Organized Vs. Un Organized Child Laborers

Organized Vs. Un Organized Child Laborers

We are guilty of many errors and many faults but our worst crime is abandoning
the children, neglecting the fountain of life, many of the things we need can
wait, The Child cannot. Right now is the time his bones are being formed, his
blood is being made and his senses are being developed, to him we cannot answer
tomorrow his name is today

Monday, September 05, 2016

Reservation Policy in India - A Serious Threat To Nation

Reservation Policy in India - A Serious Threat To Nation

Reservation policy was made to uplift the weaker and poor section of community upwards and to give the equal status to these people at par to other rich and high society communities. With the passage of time and upon demand of other communities, more castes were added time to time under this policy to give them benefit.

Right to Information as an Exception to Concepts of Locus Standi And PIL

Right to Information as an Exception to Concepts of Locus Standi And PIL
The Right to Information promotes the regime of transparency and shuns the regime of secrecy. Right to Information Act, 2005 was enacted to uphold the democratic ideals of the country and to promote public interest. Any citizen can file a RTI application regardless of whether the information sought after by such an application is in furtherance of public interest or not.