Wednesday, February 22, 2017

Corporate Social Responsibility

Corporate Social Responsibility

A company is responsible for the repercussions its activities have on the community and it has to take the initiatives as responsibility to make good for the harm done by it. The term corporate social responsibility is synonymous with Corporate Citizenship. Corporate social responsibility may also be referred to as “corporate citizenship” and can involve incurring short-term costs that do not provide an immediate financial benefit to the company but instead promote positive social and environment change. The initiatives and efforts that a company takes as part of corporate social responsibility are more than what is required by environmentalist.

Alternate Dispute Resolution vis-a-vis allied case laws

Alternate Dispute Resolution vis-a-vis allied case laws
Indian law encompasses five types of Alternate Dispute Resolution (“ADR”) procedures, made up of one adjudicatory process (arbitration) and four negotiatory (non-adjudicatory) processes--conciliation, mediation, judicial settlement and Lok Adalat settlement.

Tuesday, February 21, 2017

Right to Privacy is a Fundamental Right - A Study

Right to Privacy is a Fundamental Right - A Study
Right to Privacy first of all we need to know what does the word Privacy mean. According to Black’s Law Dictionary “right to be let alone; the right of a person to be free from any unwarranted publicity; the right to live without any unwarranted interference by the public in matters with which the public is not necessarily concerned”.

A Machinery Safeguarding Environment: National Green Tribunal

A Machinery Safeguarding Environment: National Green Tribunal

The Tribunal's dedicated jurisdiction in environmental matters shall provide speedy environmental justice and help reduce the burden of litigation in the higher courts. The Tribunal is mandated to make and endeavor for disposal of applications or appeals finally within 6 months of filing of the same.

Winding up of a Private Limited Company under Companies Act, 2013

Winding up of a Private Limited Company under Companies Act, 2013
Liquidation is the process where a firm's assets and liabilities are terminated, realized and subsequently distributed. In many cases, the firm ceases to exist. Members of the firm sometimes voluntarily initiate the liquidation process. Other times it is compelled by a creditor's petition to the courts for failure to uphold contractual payments.

Video recording of the court proceedings

Video recording of the court proceedings
Paying heed to the Indian Judicial System, we can deduce that it is one of the finest bodies which performs the act of interpreting the constitution. It ensures that no individual residing within the jurisdiction of the country is deprived of any of the fundamental rights guaranteed to him by the constitution. The judicial system also due to the nature of the powers delegated to it , performs its duties and takes the required steps ,in case there has been an infringement of a legal right of an individual

Saturday, February 11, 2017

The Consumer Protection Law- Birds Eye View

The Consumer Protection Law- Birds Eye View

In the business industry, the consumers hold a very vital position. The producers in the market engage themselves in the production of various kinds of goods depending on the choice, liking, interests, preferability and tastes of the consumers in order to facilitate smooth running and consistency of sale in the due course of business.

Consumer law

Consumer is King - An in-depth report on all aspect of Consumer laws and consumer courts in India

Wednesday, February 08, 2017

Supreme Court Issues Contempt Notice to Calcutta High Court Judge CS Karnan

In the first move of its kind, the Supreme Court has issued a contempt notice to a sitting judge of the Calcutta High Court and taken away all his judicial and administrative powers.
A seven judge bench of the apex court initiated contempt proceedings against Justice CS Karnan.
Karnan wrote letters to the Prime Minister, Law Minister, Chief Justice of India, judges of SC and others levelling allegations of corruption against the Supreme Court and Madras High Court judges.
This is a significant as it is for the first time that SC has issued a show cause notice to a sitting judge of a HC and asked him to remain present in person to defend charges against him.
“Justice Karnan is also directed to return all judicial and administrative files in his possession to Registrar General of Calcutta HC,” the bench said.
We must be as careful as we can, the bench said, adding that it has to be established whether Justice Karnan wrote those communications.
SC has given Karnan time till February 13 to reply to the notice and that’s the next date of hearing in the case. The court has also asked it’s registry to furnish copy of the order to Justice Karnan during the course of the day.
Attorney General of India Mukul Rohatgi said that action must be taken against the judge as the letters written by him to authorities bring disrepute to the judicial system. He called it "slanderous" and "disparaging" to the system of administration of justice.

Tuesday, February 07, 2017

Gurgaon court to have video-recorded trials

# SC said it would like installation of CCTV cameras in one district court in each state.

# The experiment will be first carried out in the Gurgaon district court.

After rejecting several PILs seeking video recording of court proceedings, the Supreme Court finally appeared inclined to relent on Monday and said that as a first step, it would like installation of CCTV cameras in one district court in each state.

The experiment will be first carried out in the Gurgaon district court. Before passing the direction for installation of cameras in one court in each state to record proceedings, a bench of Justices Adarsh Kumar Goel and U U Lalit decided to send a two-member team -senior advocate R Venkataramani and additional solicitor general Maninder Singh -to the Gurga on district court to examine the working of CCTV cameras. It asked the two senior advocates on Monday to file a report on the feasibility of installing CCTV cameras for recording court proceedings.

The Supreme Court has asked two senior advo cates to submit a report within four weeks on the feasibility of installing CCTV cameras for recording court proceedings. It asked the Gurgaon district judge to help the two lawyers make an on-the-spot study . The move is path-breaking, as the apex court had till now refused proposals for installation of cameras inside court rooms to record judicial proceedings in the three-tier justice dispensation system.

E-Waste Management Rules 2016

E-Waste Management Rules 2016
Unbridled use of science and technology has given birth to many problems including the problem of eco-imbalances and environmental degradation. With the advancement of science and technology, this problem has assumed threatening dimension. Electronic waste or e-wastes are a major threat not only to flora and fauna but threatened the very existence of mankind. "E-wastes are considered dangerous, as certain components of some electronic products contain materials that are hazardous, depending on their condition and density. The hazardous content of these materials pose a threat to human health and environment. Discarded computers, televisions, VCRs, stereos, fax machines, electric lamps, cell phones, audio equipment and batteries if improperly disposed can increase lead and other substances into soil and groundwater. Many of these products can be reused, refurbished, or recycled in an environmentally sound manner so that they are less harmful to the ecosystem. To curve these challenges to mankind, various laws have been made in India. This paper describes the meaning of e-waste and e-waste management. This paper also describes the provisions of E-Waste (Management) Rules, 2016 for the management of e-waste along with some suggestions for the handling of e-waste.

Monday, February 06, 2017

Freedom of Religion

Freedom of Religion
Freedom of Religion
The Indian Constitution guarantees various fundamental rights to the citizens. One of the fundamental rights guaranteed by the constitution also includes right to freedom of religion. India is a secular nation and therefore every citizen residing within the territory of India has the right to follow the religion they believe in . This right basically entitles every Indian citizen and gives him the liberty to preach practice and propagate the religion of his choice.

Tuesday, January 17, 2017

Social Justice Bench in Supreme Court

Social Justice Bench is back in Supreme Court; Ten Miscellaneous cases will be heard on Regular days

Justice JS Khehar Has introduced some important changes in the apex court.

Non-miscellaneous days (Tuesdays, Wednesday and Thursdays) will now have  ten miscellaneous cases listed for hearing.

As Par circular published on Supreme Court website today,

“Tuesdays, Wednesdays and Thursdays, which were originally non-miscellaneous days, in addition to Regular Hearing matters, ten after Notice short matters including Fresh Matters will be listed.”

The circular states that an Advance List of Fresh Matters would be listed on Monday and Friday be uploaded on the Supreme Court Website on every Tuesday and Friday.

The notice also sets out the schedule for uploading the lists. It mentions that an Advance List of matters including Fresh Matters will now be listed on Wednesday and Thursday and that Final List for Tuesday shall be uploaded on every Saturday.

The notice will come into effect from next week.

Besides the above, another important development is the re-introduction of Social Justice Bench. The CJI said in court today that the Bench would sit on Fridays at 2 pm.

The Social Justice Bench was first introduced by Chief Justice HL Dattu in the year 2014.

But was discontinued by Justice TS Thakur when he took over from Justice Dattu.

Transfer of Petition in India:
How to file for Transferring a case from on district court of one state to another or from one high court to another, the entire process has been explained in great detail

SC allows Mumbai woman to terminate 24-week pregnancy due to life risk

An ultrasound scan had revealed that the foetus had a serious defect

The Supreme Court on Monday allowed a 22-year-old woman from Dombivali to abort her 24-week foetus on medical grounds. The court had ordered a panel of doctors at the civic-run KEM Hospital to re-examine the case and submit a report after the woman moved the court last week.

Panel reaches consensus
An ultrasound scan had revealed that the foetus had anencephaly, a serious birth defect in which parts of the brain and skull remain undeveloped. The panel of seven doctors came to the conclusion that abortion was advisable. The Supreme Court has ordered that the procedure be carried out in KEM Hospital.

“It was a tough phase for us. I hope no other couple has to go through such trauma,” said Santosh Pal, the woman’s husband. “She has not been eating well since she learnt about the baby’s illness.” Mr. Pal, who works as a typist, will admit his wife to the hospital on Tuesday, where labour will be induced through medication for abortion.

Two doctors in Dombivali had diagnosed the woman with fetal anomaly. However, the current abortion law allows termination of pregnancy only up to 20 weeks. Then Mr. Pal’s brother-in-law, a doctor, suggested that the couple visit gynaecologist Dr. Sangeeta Pikale in Mahim.

“Had it not been for Dr. Pikale, we would not have known which way to go. She directed us throughout,” said Mr. Pal.

‘Need for guidelines’
As a precedent, Dr. Pikale used a case where a rape victim with an anomalous foetus was allowed to terminate her pregnancy last year. Dr. Pikale said, “But all such patients are not going to reach me always. There has to be a process in place so that such cases do not have to be directed to the court every time.” She said broad policy guidelines needed be drawn soon.

Doctors say pregnancy up to 12 weeks is terminated though a procedure carried out under anaesthesia while pregnancy up to seven weeks is terminated under medication. “The procedure itself is traumatising. The court proceedings only add to the patient’s trauma,” said gynaecologist Dr. Nikhil Datar, who gave an expert opinion in the petition.

“I am happy that the patient has got justice. But I am now concerned about at least three other such women who have sought my help. Why do they have to keep going to the court every time? I hope that this petition brings some guidelines in place.”

‘Pleased with verdict’
Medical activists have been pushing for reforms. Several amendments drafted in the Medical Termination of Pregnancy Bill are yet to be passed. “But we are pleased with the order. The abortion rights of women are slowly getting some attention,” said advocate Colin Gonsalves of the Human Rights Law Network, who fought the woman’s case.

“Unsafe abortions account for 15 per cent of the total maternal mortality rate. Just because our law is obsolete, patients often land up in illegal places where unqualified persons carry out abortions.”

Judiciary & Statute Vs Right of Women to Terminate Pregnancy
Right to Abortion
Medical Termination of Pregnancy Act, 1971
How section 312 of IPC read with the Medical termination of Pregnancy Act, 1971 infringe the right to life of the mother?
Legalize Abortion In India
MTP Act- The Flag Bearer of Unconstitutionality