Thursday, October 19, 2017

Community lawyering in India

Community lawyering in India
A perusal of the characteristics, nature, scope, values, and strategy of community lawyering indicates that the social and political scenario in India is perfectly suited for community lawyering to flourish. The economic necessities of the different communities within India further call for the assistance of community lawyers. India is the world's largest democracy. A variety of constituencies are the constitutive elements of this democracy.

The Indian constitution is based on socialist ideals and the Directive Principles of State Policy of the Constitution endeavour to ensure social justice. The Preamble of the Constitution of India emphatically delineates socialistic ideals; the Directive Principles of State Policy recognize the socio-economic rights of citizens. Although not enforceable in a court of law in isolation, the Directives are "fundamental to the governance of the country" and every government (central as well as state governments) should incorporate such principles in governance.

Monday, October 16, 2017

Legalization of Prostitution in India: Need of the hour

Legalization of Prostitution in India: Need of the hour
Despite of the fact present society claims to be powerful, contemplated, and non-discriminatory and affirm to accept certain things easily but the reality is something different. Sometimes while looking through the pages of newspaper, one feels satisfied because we feel that the civilization has changed, the people and the world around us have changed. Yes, it is true and a lot has changed. But it leads to another thought that whether the world is moving towards the better tomorrow for everyone?.

Iritech Inc. v. Controller of Patents

Iritech Inc. v. Controller of Patents

In Patent Litigation, so far there have been the following major case laws regarding section 11B & 78:

a. Iritech Inc. v. Controller of Patents,2017



b. Ashim Gosh v. controller of parents,2015



c. Glaxo Smith Kline PLC and ors v. Controller of parents and Designs and ors ,2008



d. Nippon Steel Corporation v. Union of India, 2011



Through this article, we aim to discuss the important elements of the Judgment passed by the Delhi High Court in the Iritech Inc. case that try to halt the arbitrary powers of the Controller.

Sunday, October 15, 2017

Feminism and Equality: Make A Balance

Feminism and Equality: Make A Balance



The object of section 498 A of IPC is to protect women from the cruelty caused by husband or his relatives and harassment by latter in relation to meet unlawful demands. It has been a controversial section due to its gross misuse by women as they are using it for settling scores with their husband and relatives. According to the 63rdreport of NCRB there is a huge difference in the ratio of number of cases put on trial and the number of convictions. The startling statics regarding the conviction under sec 498


Risk Management and Corporate Management

Risk Management and Corporate Management

Types of Risk Management

Risk management is utilized by the management of an enterprise as a strategic tool for the purpose of achieving the goals of an organization and climbing the ladders of success. There is various kind of risk in a business and the task of a risk management is to timely identify, then to assess the risk and handle it diligently. The type of risk management differs from one another on the basis of nature of operations, goals set up by the organization and their performance.Commercial enterprises apply a various form of risk management procedures to handle different risks because they face a variety of risks while carrying out their business operations.

Evolution of Right to privacy as Fundamental right

Evolution of Right to privacy as Fundamental right

Right To Privacy And Constitution of India



On August 24th, 2017, Supreme Court has given its verdict on Right to privacy inJustice K S Puttaswamy V Union of India, declaring it as a fundamental right of a citizen. This judgment has finally put an end to the long historical legal battle from the past 40-50 years.



In this Article, I am going to discuss how Indian judiciary has evolved with the concept of Right to privacy with time.



Since the 1960s, the Indian judiciary and the Supreme Court in particular, have dealt with the issue of privacy, both as a fundamental right under the constitution and as a common law right. The common thread through all these judgment by the supreme court of India has been to recognize a right to privacy either as a fundamental under the constitution or as a common law right, but to refrain from giving a specific definition before the recent landmark judgement. Instead court has decided to have it evolve on case to case basis. As Justice Mathew put it, “The right to privacy will, therefore, necessarily, have to go through a process of case by case development”.

Compulsory Licensing on Foreign Direct Investment

Compulsory Licensing on Foreign Direct Investment
The need to simplify admittance to vital medicines for those with lifethreatening or deadly diseases like HIV, tuberculosis, and malaria has caused noteworthy interest. Yet, anforeseeable tension exists between the need for pharmaceutical establishments to profit from their patented inventions and the desire to provide access for disadvantaged persons. Emerging nations have tried to resolve this pressure through the issuance of patent compulsory licenses; sanctions for government approved generic copies.

Loopholes in POCSO

Loopholes in POCSO
India has ratified the UN Convention on the Rights of Child (CRC) on 11th December, 1992. The State parties to the Convention are required to undertake all appropriate national, bilateral and multilateral measures to prevent the inducement or coercion of a child to engage in any unlawful sexual activity, the exploitative use of children in prostitution or other unlawful sexual practices and the exploitative use of children in pornographic performances and materials.

Tuesday, October 03, 2017

Copyright License For Playing Music

Copyright License For Playing Music
One of the common questions asked is whether you require a copyright license for playing any musical work, video or sound recording in any wedding function, birthday parties, etc. The answer to this question mainly depends upon

(i) whether a copyright exists in such work; and

(ii) whether any act would amount to reproduction or performance of such work to the public.

Perjury Under Indian Law

Perjury Under Indian Law
J Bentham, The great Philosopher and thinker of his time , once said " witnesses are the eyes and ear of Justice” However the witness get traumatized and harassed in our criminal justice system and it is open secret, which needs no second thoughts. unnecessary adjournment for recording the statements in a court, causes them unnecessary harassment.

The complainant in case of sexual offences not only faces harassment due to repeated adjournment for recording of their statements but also face humiliation and embarrassment. Therefore this article will deal pros and cons of increasing hostility.

Interestingly the code evidence Act 1872, do not refer the term "Hostile”. The term "Hostile” has come to be used by the courts for referring to a witness, who resiles from his earlier statement recorded by police under section 161 of code

Monday, October 02, 2017

Human Elements in the Administration of Justice

Human Elements in the Administration of Justice
The importance of judiciary  in political construction wrote Henry Sedgwick in his ‘Elements of Politics’, is rather profound than prominent.

Judiciary is the very important organ of the government. It administers justice which is considered to be an essential function of the state.

The function of the judiciary is to perfect and enforce the rights of the individuals and to punish wrong doers. This function is called ‘The Administration of Justice’.

legalizing abortion in India

legalizing abortion in India
Abortion in India is legal but it involves lot of complications.

It has now been almost 30 years since the passage of the MTP Act. Only a token number of abortions — a very tiny proportion of India’s crores of abortions that have been performed since then — were carried out safely in accordance with the Act’s provisions.

Though the practice of female feticide is against the law in India, many families, including those in the middle-class, continue to voluntarily abort female fetuses at alarmingly high rates. While abortion is legal in India, sex-selective abortion is not.

According to The Washington Times, there are about 6.7 million abortions in India annually

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.