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Monday, January 15, 2018
Insurance Frauds Deserve Special Legislative Attention And Effective Judicial Action
Insurance Frauds Deserve Special Legislative Attention And Effective Judicial Action
The principal legislation regulating the insurance business in India is the Insurance Act, 1938. Some other existing legislations in the field are - the Life Insurance Corporation (LIC) Act, 1956, the Marine Insurance Act, 1963, the General Insurance Business (Nationalization) Act, 1972 and the Insurance Regulatory and Development Authority (IRDA) Act, 1999.
The provisions of the Indian Contract Act, 1872 are applicable to the contracts of insurance, whether for life or non-life. Similarly, the provisions of the Companies Act, 1956 are applicable to the companies carrying on insurance business.
The Law Commission of India in its 190Th Report On Revision Of Insurance Act, had suggested that there was no justification for continuing to have a separate legislation concerning the IRDA and that there was a need to merge the provisions of the IRDA Act, 1999 with the Insurance Act, 1938 in order to "to bring about an integrated approach to the task of formulating a legislative regime that can encompass the key facets of the functioning of the Regulatory Authority even while strengthening the regulatory regime".
The principal legislation regulating the insurance business in India is the Insurance Act, 1938. Some other existing legislations in the field are - the Life Insurance Corporation (LIC) Act, 1956, the Marine Insurance Act, 1963, the General Insurance Business (Nationalization) Act, 1972 and the Insurance Regulatory and Development Authority (IRDA) Act, 1999.
The provisions of the Indian Contract Act, 1872 are applicable to the contracts of insurance, whether for life or non-life. Similarly, the provisions of the Companies Act, 1956 are applicable to the companies carrying on insurance business.
The Law Commission of India in its 190Th Report On Revision Of Insurance Act, had suggested that there was no justification for continuing to have a separate legislation concerning the IRDA and that there was a need to merge the provisions of the IRDA Act, 1999 with the Insurance Act, 1938 in order to "to bring about an integrated approach to the task of formulating a legislative regime that can encompass the key facets of the functioning of the Regulatory Authority even while strengthening the regulatory regime".
Remedy of Compensation under Article 32
Remedy of Compensation under Article 32
Article 32 of the Constitution of India reads as follows:
Remedies for enforcement of rights conferred by this Part.-(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.
Article 32 of the Constitution of India reads as follows:
Remedies for enforcement of rights conferred by this Part.-(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.
Single Brand Retail Trading: Anomalies in Foreign Direct Investment Policy, 2017
Single Brand Retail Trading: Anomalies in Foreign Direct Investment Policy, 2017
The government has lately demobilized the Foreign Investment Promotion Board (FIPB) and consequently all applications pertaining to Foreign Direct Investment (FDI) approval are routed to the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Government of India (DIPP).
The government has lately demobilized the Foreign Investment Promotion Board (FIPB) and consequently all applications pertaining to Foreign Direct Investment (FDI) approval are routed to the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Government of India (DIPP).
Applicability of Limitation act on Insolvency and Bankruptcy Code
Applicability of Limitation act on Insolvency and Bankruptcy Code
Any new advancement, be it in the field of law or any other form of art or science, would require time as it is to be understood, accepted, settled and interpreted. The new legal framework on insolvency and bankruptcy has brought a catena of changes in the prior existent law. To understand it all, it is to be interpreted by our Hon’ble Judges of NCLT, NCLAT and Supreme Court, veteran lawyers and amicus curiae. One of the major issue which is doing round these days is the issue of applicability of Limitation Act, 1963 on I&B Code, 2016. To understand this issue we need to look into the case laws in which this issue arose but was only settled by NCLAT in following cases wherein a common judgment was passed:
i. M/s. Speculum Plast Pvt. Ltd. Vs. PTC Techno Pvt. Ltd.,
ii. Parag Gupta & Associates Vs. B.K. Educational Services Pvt. Ltd.,
iii. Ashlay Infrastructure Pvt. Ltd. Vs. LDS Engineers Pvt. Ltd.
Any new advancement, be it in the field of law or any other form of art or science, would require time as it is to be understood, accepted, settled and interpreted. The new legal framework on insolvency and bankruptcy has brought a catena of changes in the prior existent law. To understand it all, it is to be interpreted by our Hon’ble Judges of NCLT, NCLAT and Supreme Court, veteran lawyers and amicus curiae. One of the major issue which is doing round these days is the issue of applicability of Limitation Act, 1963 on I&B Code, 2016. To understand this issue we need to look into the case laws in which this issue arose but was only settled by NCLAT in following cases wherein a common judgment was passed:
i. M/s. Speculum Plast Pvt. Ltd. Vs. PTC Techno Pvt. Ltd.,
ii. Parag Gupta & Associates Vs. B.K. Educational Services Pvt. Ltd.,
iii. Ashlay Infrastructure Pvt. Ltd. Vs. LDS Engineers Pvt. Ltd.
Insider Trading laws in India in comparison with the laws in US and UK
Insider Trading laws in India in comparison with the laws in US and UK
What Is Insider Trading?
Insider trading involves the deliberate exploitation of unpublished price sensitive information obtained through or from a privileged relationship for trading in shares and securities for the purposes of gain (or to avoid a loss) at the expense of the uninformed public when the price of securities would be materially altered if the information were disclosed.
What Is Insider Trading?
Insider trading involves the deliberate exploitation of unpublished price sensitive information obtained through or from a privileged relationship for trading in shares and securities for the purposes of gain (or to avoid a loss) at the expense of the uninformed public when the price of securities would be materially altered if the information were disclosed.
To Be Raped Or Not To Be Raped
To Be Raped Or Not To Be Raped
Marriage as a sacrament and the idea of consent
The rationale behind the making of any law allows it to be judged on its meritorious stance in the present day context. The Indian family laws, especially the laws related to offences of a domestic nature attempt to borrow from the generic societal ethos and customs. But, it can be observed that certain offences happen to suit more to the ethos and customs of a particular community, and in the Indian context, it is the Hindu community. In the Hindu religion, unlike the Muslim religion (Abdul Nadir v Salima Mahmood)
Marriage as a sacrament and the idea of consent
The rationale behind the making of any law allows it to be judged on its meritorious stance in the present day context. The Indian family laws, especially the laws related to offences of a domestic nature attempt to borrow from the generic societal ethos and customs. But, it can be observed that certain offences happen to suit more to the ethos and customs of a particular community, and in the Indian context, it is the Hindu community. In the Hindu religion, unlike the Muslim religion (Abdul Nadir v Salima Mahmood)
Necessary Party And Proper Party in CPC
Necessary Party And Proper Party in CPC
First of all you should know they are not defined in CPC and hence you would not find definition clause for them anywhere in CPC .( would be obliged if you can )
Also there is no mention of the word called PROPER PARTY any where in CPC .
Only the word NECESSARY PARTY is used in Order 1 Rule 9 of CPC in the proviso .
“ Provided that nothing in this rule shall apply to NonJoinder of a NECESSARY PARTY . “
First of all you should know they are not defined in CPC and hence you would not find definition clause for them anywhere in CPC .( would be obliged if you can )
Also there is no mention of the word called PROPER PARTY any where in CPC .
Only the word NECESSARY PARTY is used in Order 1 Rule 9 of CPC in the proviso .
“ Provided that nothing in this rule shall apply to NonJoinder of a NECESSARY PARTY . “
Sunday, January 14, 2018
The West Bengal Municipal Act 1993
The West Bengal Municipal Act 1993
Constitutional Provisions
Article 243P. Definitions. - In this Part, unless the context otherwise requires,
(a) Committee means a Committee constituted under article 243S;
(b) District means a district in a State;
(c) Metropolitan area means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by the Governor by public notification to be Metropolitan area for the purposes of this Part;
(d) Municipal area means the territorial area of a Municipality as is notified by the Governor;
(e) Municipality means an institution of self government constituted under Article 243Q;
(f) Panchayat means a Panchayat constituted under Article 243B;
(g) population means the population as ascertained at the last preceding census of which the relevant figures have been published.
Constitutional Provisions
Article 243P. Definitions. - In this Part, unless the context otherwise requires,
(a) Committee means a Committee constituted under article 243S;
(b) District means a district in a State;
(c) Metropolitan area means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by the Governor by public notification to be Metropolitan area for the purposes of this Part;
(d) Municipal area means the territorial area of a Municipality as is notified by the Governor;
(e) Municipality means an institution of self government constituted under Article 243Q;
(f) Panchayat means a Panchayat constituted under Article 243B;
(g) population means the population as ascertained at the last preceding census of which the relevant figures have been published.
Right to Maintenance of a Muslim Women
Right to Maintenance of a Muslim Women
The right to maintenance is available to a Muslim wife under the Muslim law even when the wife leaves the society of the husband if it is justified by the circumstances.
The right to maintenance is available to a Muslim wife under the Muslim law even when the wife leaves the society of the husband if it is justified by the circumstances.
Making India Ready for Virtual Currency: An Analysis
Making India Ready for Virtual Currency
In this era of technology due to transformation in the global economy, new ways of exchange of goods, assets and services have emerged. There exists a complete market over the internet where one can easily select and purchase goods through digital money that is by means of their debit or credit cards.
In this era of technology due to transformation in the global economy, new ways of exchange of goods, assets and services have emerged. There exists a complete market over the internet where one can easily select and purchase goods through digital money that is by means of their debit or credit cards.
Monday, January 08, 2018
Borrowing And Lending Money By Residents of India To NRI
Borrowing And Lending Money By Residents of India To NRI
Can a resident of India borrow money from an NRI?
Yes, as per the Master Direction on Borrowing and Lending transaction in Indian Rupee between Persons Resident in India and Non-Resident Indians issued by the Reserve Bank of India on January 1, 2016 and the Foreign Exchange Management (Borrowing or lending in foreign exchange) Regulations, 2000 issued by the RBI on May 3, 2000 an Indian resident can borrow money from NRI but there is certain restriction upon it.
Can a resident of India borrow money from an NRI?
Yes, as per the Master Direction on Borrowing and Lending transaction in Indian Rupee between Persons Resident in India and Non-Resident Indians issued by the Reserve Bank of India on January 1, 2016 and the Foreign Exchange Management (Borrowing or lending in foreign exchange) Regulations, 2000 issued by the RBI on May 3, 2000 an Indian resident can borrow money from NRI but there is certain restriction upon it.
Phone Tapping Right To Privacy Under Article 21
Phone Tapping Right To Privacy Under Article 21
History of Phone Tapping
“There is nothing we like to communicate to others as much as the seal of secrecy together with what lies under it.” - Friedrich Nietzsche
The term ‘phone tapping’ also means wiretapping or interception of phone. It was first started in U.S.A in 1890s after the invention of telephone recorder. Although, the Supreme Court of U.S.A. didn't become a valid law until 1928, at the height of Prohibition. Roy Olmstead, a Seattle bootlegger, was convicted on the basis of evidence congregated by tapping a phone in his home.
He then stated that, the authorities had violated his fundamental rights but the court upheld his conviction, stating that tapping somebody's phone is not a physical incursion of privacy. Prior to the attack on Pearl Harbor and the ensuing ingress of the United States into World War II, the U.S. House of Representatives held hearings on the legitimacy of interception of telephone for national defense. Important legislation and judicial decisions on the validity and constitutionality of wiretapping had taken place years before World War II. Conversely, it took on new urgency at that time of national crisis. In the case “Katz v. United States”, Supreme Court of U.S. stated that wiretapping requires a warrant. In 1978, the Foreign Intelligence Surveillance Act (FISA) was created for issuing wiretap warrants in national security cases.
History of Phone Tapping
“There is nothing we like to communicate to others as much as the seal of secrecy together with what lies under it.” - Friedrich Nietzsche
The term ‘phone tapping’ also means wiretapping or interception of phone. It was first started in U.S.A in 1890s after the invention of telephone recorder. Although, the Supreme Court of U.S.A. didn't become a valid law until 1928, at the height of Prohibition. Roy Olmstead, a Seattle bootlegger, was convicted on the basis of evidence congregated by tapping a phone in his home.
He then stated that, the authorities had violated his fundamental rights but the court upheld his conviction, stating that tapping somebody's phone is not a physical incursion of privacy. Prior to the attack on Pearl Harbor and the ensuing ingress of the United States into World War II, the U.S. House of Representatives held hearings on the legitimacy of interception of telephone for national defense. Important legislation and judicial decisions on the validity and constitutionality of wiretapping had taken place years before World War II. Conversely, it took on new urgency at that time of national crisis. In the case “Katz v. United States”, Supreme Court of U.S. stated that wiretapping requires a warrant. In 1978, the Foreign Intelligence Surveillance Act (FISA) was created for issuing wiretap warrants in national security cases.
Speedy Dispute Resolution Arbitration Act, and MSMED Act
Speedy Dispute Resolution Arbitration Act, and MSMED Act
That despite contempt committed by the petitioner right in face of the court still the petition need not be dismissed for the contemptuous act and or Order 39 rule 11 of 'Code of Civil Procedure'.
These precedents shake the very basis of enactments the 'The arbitration and Conciliation Act 1996' and the ''The Micro, Small and Medium Enterprises Development Act 2006' for speedy of alternate dispute resolutions.
That despite contempt committed by the petitioner right in face of the court still the petition need not be dismissed for the contemptuous act and or Order 39 rule 11 of 'Code of Civil Procedure'.
These precedents shake the very basis of enactments the 'The arbitration and Conciliation Act 1996' and the ''The Micro, Small and Medium Enterprises Development Act 2006' for speedy of alternate dispute resolutions.
Right to legal representation
Right to legal representation
Generally, Representation through a lawyer in any administrative proceedings is not considered as an indispensable part of the rule of Natural Justice and also the extend of the right to legal representation any administrative proceedings or quasi-judicial proceedings depends on the provisions of the statute. However, the question of right of legal representation is always to be decided in the context of the specific factual situation in each case.
Generally, Representation through a lawyer in any administrative proceedings is not considered as an indispensable part of the rule of Natural Justice and also the extend of the right to legal representation any administrative proceedings or quasi-judicial proceedings depends on the provisions of the statute. However, the question of right of legal representation is always to be decided in the context of the specific factual situation in each case.
