The Real Estate (Regulation And Development) Bill-The First Step Towards Real Estate Reform

The Real Estate (Regulation And Development) Bill-The First Step Towards Real Estate Reform
Arrangement Of Bill
The Real Estate (Regulation & Development) Bill, 2011
From the bird view, we can imagine that the main regulatory portions of the proposed act are Chapter I, Chapter II and Chapter III and remaining portion of the bill are important for administration of the bill.

Strategic outsourcing – the key affair in all sectors

Strategic outsourcing – the key affair in all sectors
Trade, Developing Countries and Contribution:
The consequences of outsourcing have constantly been analyzed in the developed and developing nations. Time and again, it’s been mooted whether outsourcing is hampering or enhancing economic growth of nations especially on points of value addition to other sectors, employment hazards, and inverse affect on the actual work, employment statics of outsourcing countries, foreign trade development, trading standards, the extent of real benefits driven by the country outsourcing services and goods, economic and financial growth of the country outsourced with these services or goods and monetary inflow/outflow in these country.

Minority Rights on Oppression and Mismanagement Under Companies Act, 1956 And Companies Bill, 2011

Minority Rights on Oppression and Mismanagement Under Companies Act, 1956 And Companies Bill, 2011
The term of Oppression under Companies Act, 1956:
Oppression is the exercise of authority or power in a burdensome, cruel, or unjust manner. It can also be defined as an act or instance of oppressing, the state of being oppressed, and the feeling of being heavily burdened, mentally or physically, by troubles, adverse conditions, and anxiety.

The term oppression explained in the case Scottish case of Elder v/s. Elder & Watson Ltd. which was cited in the case of Shanti Prasad Jain v/s. Kalinga Tubes by the Supreme Court-

The essence of the matter seems to be that the conduct complained of should, at the lowest, involve a visible departure from the standards of their dealing, and a violation of the conditions of fair play on which every shareholder who entrusts his money to the company is entitled to rely.

The most important element of oppression is that it should be a continuous act, which means that the act must be continued by the majority shareholder till date the petition is filed with the Tribunal.

Section 397 of the Companies Act, 1956 says that when any affair of the company is being conducted to any member or members by the way of prejudice to public interest or oppressive then any one or more than one member have right to apply to the Tribunal by the virtue of Section 399 of the Companies Act, 1956.

The requisite number of members who must sign the application is given under Section 399 of the Companies Act, 1956.
1. In case of a company, having a share capital an application signed by at least one hundred members or by at least 1/10th of the total number of its members, whichever is less
OR
A valid application may be made by any member/ members holding not less than 1/10th of the issued share capital of the company

2. In case of a company, having not a share capital an application signed by at least 1/5th of the total number of members of the company.

If the calculation of requisite members as per (1) mentioned above, joint holders of the shares shall be counted as one member only.

Human Rights laws in India - Human Rights lawyers

Human Rights laws in India - Human Rights lawyers
Human rights include civil and political rights, such as:
# The right to freedom of expression
# The right to freedom of religion or conscience
# The right to property
# The right to freedom of assembly
# The right to privacy
# The right to vote.

Condonation of Delay in case Appeals

Condonation of Delay in case of Appeals
 It is sufficiency of the cause which counts, and not length of delay - Expression "sufficient cause" should receive a liberal construction - As regards delay on the part of State, certain amount of latitude is not impermissible - Expression "sufficient cause" should be considered with pragmatism in justice oriented approach rather than technical detection of sufficient cause for explaining every day's delay - Matter remitted to High Court to decide the criminal revision on merits - Suggestions made to prevent delay in State litigation - Administration of justice – [State (NCT Of Delhi) Vs Ahmed Jaan  August 12, 2008]

Position Finder of Goods under Indian Contract Act

Position Finder of Goods under Indian Contract Act
Brief review of quasi contract
There are certain situations wherein certain persons are required to perform an obligation despite the fact that he hasn’t broken any contract nor committed any tort. For instance, a person is obligated to restore the goods left at his home, by mistake, and keep it in good condition. Such obligations are called quasi-contracts.

68 to 72 provide for five kinds of quasi-contractual obligations: 
1. Supply of necessities [s.68] 
2. Payment by interested persons [s.69] 
3. Liability to pay for non-gratuitous acts [s.70] 
4. Finder of goods [s.71] 
5. Mistake of coercion [s.72]

Indian Legal Metrology System

Indian Legal Metrology System
With a view to provide a coherent scheme and uniform standards of Weights & Measures, the first Act namely Standards of Weight &Measurement Act 1956 was enacted based on metric system and international system of units recognized by International Organization of legal metrology. With regard to keep pace with rapid advances made in the field of science and technology all over the world, practical system of units known as SI units evolved and accepted globally.

Origin and Development of Principles of Natural Justice

Origin and Development of Principles of Natural Justice
It is true that the concept of natural justice is not very clear and, therefore, it is not possible to define it; yet the principles of natural justice are accepted and enforced. In Ridge V. BaldwinCourt observed that “in modern times have sometimes been expressed to the effect that natural justice is as vague as to be practically

Exceptions To The Principles of Natural Justice

Exceptions To The Principles of Natural Justice
The requirements of procedural fairness are on first appearance applicable to Judicial, Quasi-Judicial and Administrative Proceedings, however, the decision maker may be exempt from all or some of the procedural safeguards that would otherwise be required. Several factors may be identified as capable of excluding the normal procedural fairness requirements in Common Law Courts are:

(i) Exclusion in case of emergency,
(ii) Express statutory exclusion,
(iii) Where discloser would be prejudicial to public interests
(iv) Where prompt action is needed,
(v) Where it is impracticable to hold hearing or appeal,
(vi) Exclusion in case of purely administrative matters.
(vii) Where no right of person is infringed,
(viii) The procedural defect would have made no difference to the outcome.
(ix) Exclusion on the ground of ‘no fault’ decision maker. We shall examine them in turn.

Position of Fundamental Rights In The World of Privatization, Globalization and Industrialization

Position of Fundamental Rights In The World of Privatization, Globalization and Industrialization
In this era of Globalization, Free Market and World Economy, a move has been initiated to encourage privatization in performing several welfare, commercial and other such activities which were traditionally considered to be the functions of the State as welfare State; But this has raised several questions of constitutional importance generally and exercise of Fundamental Rights, their violations and the claim relating infringement of Fundamental Rights. Some illustrations for showing the shift of the performance of several welfare, commercial and other such activities from the State in the hands of free market and private world can be given reference as follows: