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Sohini Chowdhury [LL.B from New Law College, Bharati Vidyapeeth Deemed University, Pune]

GST: Overview of the new taxation regime

Posted by : Sohini Chowdhury [LL.B from New Law College, Bharati Vidyapeeth Deemed University, Pune]

The Goods and Services tax (for short "GST") is a Value added Tax (or short "VAT") proposed to be a comprehensive indirect tax to be levied on manufacture, sale and consumption of goods as well as services at the national level replacing all the current indirect taxes levied on goods and services by the Indian Central and State governments. The taxes which will be subsumed into GST include central excise duty, services tax, additional customs duty, surcharges and state-level value added tax. Other levies which are currently applicable on inter-state transportation of goods are also likely to be done away with in GST regime. In the year 2000, under Atal Bihari Vajpayee administration an empowered committee was set up to streamline GST Model and the infrastructure needed for its implementation. In 2006, another empowered committee of State Finance Ministers (for short "EC") was formed after the budget speech of P. Chidambaram, the then finance Minister since the transition into GST involved reforming/restructuring of not only indirect taxes levied by the Central but also the States. Thus, the responsibility of preparing a Design and Road Map for the implementation of GST was assigned to the EC and in 2009 after inputs from Government of India (for short "GoI") and the states it released its First Discussion Paper on GST in India with the objective of generating a discussion amongst all stakeholders.

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Electronic Contracts - Viable or not?

Posted by : Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Today with the recent advancement in the areas of computer technology, telecommunications technology, software and information technology have resulted in changing the standard of living of people in an unimaginable way. The communication is no more restricted due to the constraints of geography and time. Information is transmitted and received widely and more rapidly than ever before. And this is where the electronic commerce offers the flexibility to business environment in terms of place, time, space, distance, and payment.

Like an ordinary paper contract, an electronic contract (or e-contract) is also primarily governed by the codified provisions of Indian Contract Act, 1872, as applicable to contracts in general. Therefore, an electronic contract also cannot be validly executed unless it satisfies all the essentials of a valid contract, such as (a) "Offer" and "Acceptance"; (b) Lawful consideration; (c) Lawful object; (d) Free consent; (e) Parties to be competent to contract; (f) Intention of parties to create legal relationship; (g) Certainty and possibility of performance; (h) Not be expressly declared to be void; and (j) Compliance with formalities under different laws governing the agreement. All other statutes applicable to an electronic contract are to be read in conjunction, and not in substitution, with the Contract Act.

Tannishtha Singh [LLB (Hons.), ILS Law College, Pune]

'High' time Indian drug laws are sent to rehab

Posted by : Tannishtha Singh [LLB (Hons.), ILS Law College, Pune]

Trapped in the vicious circle of substance abuse, India is home to approximately 3 million drug addicts. The National Crime Records Bureau's data, as published in 2014, reported that India witnesses nearly 10 suicides on a daily basis due to substance addiction.

India passed the Narcotic Drugs and Psychotropic Substances Act, (for short "NDPS Act") in 1985 which was subsequently amended in 1989, 2001 and in 2014. India's leading anti-drug law prescribes stiff penalties for drug traffickers and rehabilitation for the users. Framed with the intent to combat drug trafficking, it forbids and criminalizes the cultivation, production, sale, purchase, possession, use, consumption, import and export of narcotic drugs and psychotropic substances. It provides immunity in situations where the drugs are utilized for medical or scientific purposes.

The NDPS Act came into existence to envisage strict punishments for drug trafficking, to augment implementation powers, enforce international conventions that India is a party to and to regulate psychotropic substances. A predominantly punitive statute, NDPS provides for the regulation of drugs. It states that death penalty can be awarded as a form of punishment under the Act. The 2014 amendment held that the decision to award death penalty lies at the discretion of the court and instead stipulates 30 years of imprisonment as a substitute.

Tannishtha Singh [LLB (Hons.), ILS Law College, Pune]

Doctrine of Lis Pendens

Posted by : Tannishtha Singh [LLB (Hons.), ILS Law College, Pune]

The meaning of lis pendens is - "a pending legal action?, wherein Lis means the "suit? and Pendens means "continuing or pending?. The doctrine has been derived from a latin maxim "Ut pendent nihil innovetur" which means that during litigation nothing should be changed.

The principle embodying the said doctrine is that the subject matter of a suit should not be transferred to a third party during the pendency of the suit. In case of transfer of such immovable property, the transferee becomes bound by the result of the suit.

The doctrine of Lis Pendens essentially aims at (a) avoiding endless litigation, (b) protecting either party to the litigation against the act of the other and (c) avoiding abuse of legal process.

Lis Pendens is captured under Section 52 of the Transfer of Property Act, 1882 (for short "the Act"). The Section essentially prohibits alienation of immovable property when a dispute relating to the same is pending in a competent court of law. It is based on the principle that the person purchasing an immovable property from the judgment debtor during the pendency of the suit has no independent right to property to resist, obstruct or object execution of a decree.

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Legality of the right to claim a true owner's property

Posted by : Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Uninterrupted and uncontested possession for a specified period, hostile to the rights and interests of true owner, is considered to be one of the legally recognized modes of acquisition of ownership. When the true owner of a property loses his/her ownership rights owing to inaction on his/her part to remove a trespasser within a statutory period from the property, the possession becomes adverse. The law on adverse possession is contained in the Indian Limitation Act, 1963. Article 65, Schedule I of the Limitation Act, 1963 prescribes a limitation of 12 years for a suit for possession of immovable property or any interest therein based on title. That means, where a cause of action exists to file a suit for possession and if the suit is not filed within the period of limitation prescribed, then, not only the period of limitation comes to an end, but the right based on title or possession, as the case may be, will be extinguished. The statutory period of limitation for possession of immovable property or any interest therein, as stipulated in section 65 of Limitation Act, 1963, is 12 years in case of private property and 30 years in case of Government/state/public property from the date since the trespasser adversely possesses the property of the true owner.

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Realty Check

Posted by : Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Prior to the introduction of the Real Estate (Regulatory and Development) Authority Bill 2016, the real estate and housing sector was largely unregulated and opaque, with consumers often being unable to procure complete information, or to enforce accountability against builders and developers in the absence of effective regulation. The Bill got approval of the Rajya Sabha and the Lok Sabha in March, 2016 and thereafter received the assent of the President of India and became the Real Estate (Regulation and Development) Act, 2016.

Some of the highlights of the Act include mandatory registration with the Real Estate Regulatory Authority (RERA), deposit of money in escrow bank accounts through cheques for the purpose of the project, quoting prices based on carpet area i.e. the usable area and not super built-up area, Real Estate Regulatory Authorities (RERAs) shall regulate transactions related to both residential and commercial projects and ensure their timely completion and handover, guidelines are being framed to have standard agreement by the builder with similar clauses so that the buyers are not cheated with clauses against them, provision for damages for non-completion etc.

Tannishtha Singh [LLB (Hons.), ILS Law College, Pune]

Stand for the National Anthem: Jana Gana Mana and the danger of passing sentiment as Law

Posted by : Tannishtha Singh [LLB (Hons.), ILS Law College, Pune]

In a widely criticized move, the Hon'ble Supreme Court's Bench headed by Justice Dipak Mishra ruled that it is mandatory for movie theatres to play the national anthem before the screening of every movie. The Hon'ble Court also cast upon all cinema goers the obligation to stand up during the national anthem in a cinema hall.

The purpose for the measure as cited by the Hon'ble Court was to 'instill the feeling of committed patriotism and nationalism within one'. It is, however, difficult to understand how playing the national anthem, particularly at cinemas, which are essentially a recreational avenue, will guarantee patriotic feelings.

Patriotism and Freedom of Expression:

Patriotism is a very personal sentiment and an individual's right to express it in his/her own way is ingrained in the constitutional right to freedom of expression. To fortify this argument a parallel can be drawn to the reasoning adopted by the Hon'ble Supreme Court in its 1986 ruling in Bijoe Emmanuel vs. State of Kerala.

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Is demonetization legal?

Posted by : Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Section 26(2) of Reserve Bank of India Act, 1934 (for short "RBI Act") states that "On recommendation of the Central Board, the Central Government may, by notification in the Gazette of India, declare that, with effect from such date as may be specified in the notification, any series of bank notes of any denomination shall cease to be legal tender save at such office or agency of the Bank and to such extent as may be specified in the notification."

The above stated section is self explanatory and can be interpreted to mean that the Central Government has the power to direct for stopping the usage of any series of bank notes by way of a notification. Accordingly, the Modi Government issued a notification dated 8th November 2016 stopping the use of currency notes of Rs. 500 and Rs. 1000, throughout the nation. Since then, several petitions have been filed contesting such a move of the Government to be arbitrary and illegal. The question for determination is whether the government has legal powers to do so? The answer clearly lies in the above quoted section. When the said section uses the word 'any series', it can be interpreted to mean that the Government can declare each and every bank notes of any denomination as illegal tender and completely has the power and legal authority to do so.

Tannishtha Singh [LLB (Hons.), ILS Law College, Pune]

WHAT INDIA NEEDS TO DO TO MAKE INSTITUTIONAL ARBITRATION SUCCESS IN INDIA

Posted by : Tannishtha Singh [LLB (Hons.), ILS Law College, Pune]

Arbitration is considered to be an alternative to the adversarial system of Court litigation on account of being a convenient, progressive and cost efficient method of resolving disputes. However, in India, it is the absence of the aforesaid that has sidelined Arbitration as an option for parties intending to resolve domestic and international disputes.

Parties start off Arbitration with an optimistic dream of having their disputes settled in a speedy and cost effective way, conversely, by the time Arbitration ends and the Award is enforced, the parties are in a dilemma as to whether their decision to opt for Arbitration was apposite.

Due to lack of proper infrastructure, timely arbitration proceedings don't happen and even if one is fortunate enough, the Arbitration Act provides ample scope for parties to approach Courts to intervene in the proceedings on one account or the other. Further, per hearing fees charged by most of the Arbitrators at times is so pricey that parties can't afford them.

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Becoming an advocate now requires pre-determination of the birth year

Posted by : Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

The Bar Council of India (BCI) recently issued a Circular to the Vice Chancellors of all Universities and the Principals of all Law Colleges reviving Clause 28 of the Legal Education Rules, 2008 prescribing the upper age limit for admission to LL.B. three year course as 30 years and five years course as 20 years respectively. This measure adopted by BCI came in the wake of the decision of a Bench of the Apex Court comprising of the Hon'ble Justice J.S. Khehar and Hon'ble Justice Rohinton Fali Nariman who dismissed the Special Leave Petition filed by BCI against the Hon'ble Madras High Court verdict that had set aside a BCI notification amending a Clause 28 in the Rules on Standards of Legal Education.

This measure adopted by BCI came in the wake of the decision of a Bench of the Apex Court comprising of the Hon'ble Justice J.S. Khehar and Hon'ble Justice Rohinton Fali Nariman who dismissed the Special Leave Petition filed by BCI against the Hon'ble Madras High Court verdict that had set aside a BCI notification amending a Clause 28 in the Rules on Standards of Legal Education.

Tannishtha Singh [LLB (Hons.), ILS Law College, Pune]

Celebrities and their Personality Rights

Posted by : Tannishtha Singh [LLB (Hons.), ILS Law College, Pune]

In the modern world, media personalities, politicians, socialites, etc. tend to have a huge reach in the society and are followed by many. They command a huge market, and this puts them in a position to create interest and attract consumers due to their brand value and reach. This is tapped in by the celebrities and other products which employ such celebrities to endorse their products or services.

Owing to the market commanded by the celebrities, they tend to demand huge remunerations for endorsements they feature in or where they permit the use of their name and persona. The consideration is either paid in lump sum or get a portion of the sales achieved by the product etc. This allows in commercially exploiting the celebrity image and creates a market through their publicity.

Sometimes certain products/services are shown to be endorsed by a celebrity or the use of the celebrity's name or image but in reality, the said product would not have a right to use the same.

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

The 20 weeks threshold on termination of pregnancy eased

Posted by : Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

In a landmark decision, the Supreme Court by its order dated 25th July, 2016 allowed a rape survivor to terminate her 24-weeks-old abnormal foetus. The Apex Court granted liberty to the pregnant woman under an exception in Section 5 of the Medical Termination of Pregnancy Act, 1971 (the MTP Act) which allows termination in cases where it is immediately necessary to save the life of the pregnant woman. The division bench comprising of Justices J S Khehar and Arun Mishra agreed to the opinion of the Medical Board that the continuance of pregnancy would gravely endanger the physical and mental health of the mother.

Section 3(2)(b) of the MTP Act allows the termination of pregnancy up to 20 weeks where registered medical practitioners are of opinion that continuance of pregnancy would involve threat to life of the mother or is of grave injury to her physical or mental health. Post the mandated 20 weeks threshold, abortion is prohibited even if there is fatal risk to the mother and foetus.

An abortion is said to be unlawful, unless it is done in good faith for the purpose of saving life of the mother.

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

Special leave in connection with inquiry on sexual harassment of women at workplace

Posted by : Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (the Act) was enacted to provide a safe and secure working environment to women at workplace. The Act safeguards all working women from organised as well as unorganised sectors.

An order recently issued by Department of Personnel and Training (DoPT), under the Ministry of Personnel, Public Grievances and Pensions, Government of India clarified the provisions relating to the implementation of leave as laid down under the Act.DoPT has proposed to incorporate a new rule to the Central Civil Services (leave) Rules, 1972 which would entitle an aggrieved female Central Government servant to be granted such additional leave.

Section 12 (2) of the Act states that an aggrieved woman employee is entitled to a leave of 90 days while the inquiry into her complaint is being conducted by the Internal Complaints Committee or the Local Committee.

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

Stalling and Boycotting: Unethical (Article 8)

Posted by : Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

An advocate is an officer of the court who ensures smooth functioning of the court proceedings. Strikes and boycotts are barriers for the administration of justice by causing disruption in court proceedings and putting interest of their clients in jeopardy. Advocate owes a duty to their clients and more importantly to Court.

The Ramon Services Pvt Ltd v. Subhash Kapoor and Others (2001) restricts the ambit of the advocates and makes them accountable for the consequences suffered by their clients if the non-appearance was solely on the ground of a strike.In the case, the appellant company is a tenant in an eviction suit filed by the respondent landlord which was listed for trial. Strikes were called out by the Bar Association and representation of appellant’s lawyer was not made amidst the strike and thereby the matter was decided ex parte. The appellant sought to set aside the ex parte order in the trial court as well as High Court.

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

Are we still in the claws of colonial British era?

Posted by : Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

Jawaharlal Nehru University uproar took a critical strike to the most controversial penal provision vested in section 124 (A) of Indian Penal Code, 1960 for Sedition. This uproar entrusted the law makers to take stiff action on sedition by bringing changes to the existing sedition law or deleting it altogether.

Section 124A of the IPC defines sedition and says: (i) whoever by words either spoken or written or by signs or by visible representation or otherwise brings or attempts to bring into hatred or contempt, the government established by law.has committed the offence of sedition. The punishment prescribed varies from imprisonment up to three years to life imprisonment, with fine or without it.

The Constitution bench of the Supreme Court elucidated the crux of sedition for the first time in 1962 in the case of Kedarnath Vs. State of Bihar (1962 AIR 955, 1962 SCR Supl. (2) 769).

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

Are law graduates on a free ride?

Posted by : Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

The Apex Court entertained a petition from R. Nagabushana, challenging the notification of Bar Council of India. The notification was passed by the former chairmanship solicitor general Gopal Subramaniam to conduct All India Bar Examination (‘AIBE’) from 2010. The petition contended that power to conduct AIBE examination takes away the fundamental right to practice law by an LLB holder.

In respect with the petition the Supreme Court affirmed that it has no aversion with conducting any exams in the interest of betterment of the legal profession. Its sole concern lies in regards with ascertaining that the AIBE is within the parameters of law and if not then they seek to strengthen it.

In V. Sudeer v. Bar Council of India (1999), held that any additional eligibility criteria for the practice of law over and above what was mentioned in Section 24 of the Advocates Act, 1961 was unconstitutional thereby the existence of AIBE stands contentious in view that the requirement of AIBE is not integrated in the Advocates Act.

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

Wilful Defaulter: A Threat to Economy

Posted by : Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

The Punjab National Bank, declared United Breweries Holding, one of the guarantors of now-defunct Kingfisher Airlines, as wilful defaulter for not honoring the obligation to pay a loan of Rs. 800 crore. Today Kingfisher is a defunct airlines projected as one of the top Non Performing Assets of the country, although it was once a former pioneer in their field to provide luxurious sky voyage as rendered in their tagline ‘Fly the Good Times’

As we all know that one Bad fish can spoil the whole pond, likewise wilful defaulters can cause repercussion in the whole economy. Wilful defaulters are defaulters who cause the evasion wilfully, meaning intentional, deliberate and calculated. A firm/ entity/ person are deemed to be a wilful defaulter when the defaulter has the capacity to pay but does not honor the obligation of repayment, when the availed funds have been diverted for the other purposes; availed funds are siphoned off; disposal or removal of pledged assets or securing another term loan on pledged assets without the knowledge of the bank/lender.

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

Elevation Granted, Stains Ignored

Posted by : Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

Amidst the legal battle over sexual harassment allegations, Rajendra K. Pachauri promotion as an Executive Vice Chairman in The Energy and Resources Institute (TERI) has raised several eyebrows from the former colleagues and alumni of the TERI Institute. Fresh complaint of incidents of sexual harassment, refusal of alumni to take degree from the alleged person in the convocation, online petitions for reversal of the promotion came pouring against him that are evidently portraying that the promotion is not taken very well.

The sexual harassment in workplace is a violation of woman’s fundamental rights, which are right to equality as per Article 14 and 15 and right to live with dignity as per Article 21 enshrined in Constitution of India as well as violation of UN Convention on the Elimination of all Forms of Discrimination against Women (CEDAW).

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

KARTA TUSSLE: Born First! Gender out.

Posted by : Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

A woman of 21st century, still feels a need to make an outcry for equality? Equal pay, Right to visit temples when menstruating are issues still prevailing, the fight still seems to continue to break out from the old school of thoughts. In the fierce tussles of customs and practices, some battles are won but many are lost. One such victory is achieved through a landmark judgment of Delhi High Court{Mrs Sujata Sharma V. Shri Manu Gupta CS(OS) 2011/2006}, where Justice Waziri pronounced that a Hindu female, irrespective of being married, would solely on the virtue of being the eldest born can be a Karta.

The position of the Karta in respect to the joint family property is elucidated by Supreme Court stating that the managership of the Joint Family Property goes to a person by birth and is regulated by seniority and the Karta or the Manager occupies a position superior to that of the other members.

The prerequisite to be a Karta is laid out by Supreme Court stating that co-parcenary is a necessary qualification for the managership of a joint Hindu family {CIT vs. Seth Govindram Sugar Mills, [1965] 57 ITR 510 (SC) }.

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

Conflict of Power between Centre and State: Watched over by Supreme Court

Posted by : Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

The crisis occurred by establishing of Presidential Rule in Arunachal Pradesh raising pertinent questions regarding its emergence to be a political rage between the Centre (BJP) and State (Congress) or rather an attempt to restore effective governance in the disturbed State through imposition of Article 365 of the Constitution.

The ongoing turmoil witnessed instances for the failure in the constitutional machinery in Arunachal Pradesh. Firstly, there was no Assembly session within six months of the last one held as is directed by the provisions of the Constitution. Secondly, a No confidence resolution was passed against the speaker Nabam Rebia which was not put into action.Thirdly, the Governor, convened a controversial assembly session on a prior date December 16 without consultation with the Chief Minister, in a community hall in Itanagar, wherein the Deputy Speaker presided the session passed the resolution of removal of the speaker.

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

Broadening The Horizon: Our Indian Legal System

Posted by : Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

In the era of globalization and liberalization, Indian Legal Sector are seeming to brace up with the competition by formulating rules on setting up of foreign law firms in India. The Finance Minister Arun Jaitley formally established its stand in the 8th UK-India Economic and Financial Dialogue, thereby achieving government's policy of ease of doing business in India.

The roadway to arrive at this juncture has been a bumpy affair which is clearly evident in AK Balaji v/s The Government of India, Ashurst LLP, White & Case et al (1) [1. AK Balaji v/s The Government of India, Ashurst LLP, White & Case et al W.P. No. 5614 of 2010] and Lawyers Collective v. Bar Council of India and Others.(2) [2. Lawyers Collective v. Bar Council of India and Others W.P. No. 1526 of 1995], both relying that the foreign law firm is not entitled to do any form of practice of Indian Law although can visit India for a temporary period on a fly in and fly out basis for giving legal advice regarding foreign law or on diverse international legal issues.

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Implication of Section 17 of The Arbitration and Conciliation Act, 1996 after the promulgation of The Arbitration and Conciliation (Amendment) Ordinance, 2015

Posted by : Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Chief Justice Warren E. Burger of US Supreme Court once said “The obligation of the legal profession is….to serve as healers of human conflicts…..we should provide mechanisms that can produce an acceptable result in the shortest possible time, with the least possible expense, with the minimum stress on the participants. That is what justice is all about”.

Pre-Ordinance Position

Section 17 of the Arbitration and Conciliation Act, 1996 (For short “the Act”) is an important provision, which is crucial to the working of the arbitration system, since it ensures that even for the purposes of interim measures, the parties can approach the arbitral tribunal rather than await orders from a Court.

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Section 8 of Arbitration Act

Posted by : Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Provisions

Section 45 in the Arbitration And Conciliation Act, 1996

“Power of judicial authority to refer parties to arbitration. — Notwithstanding anything contained in Part I or in the Code of Civil Procedure, 1908 (5 of 1908), a judicial authority, when seized of an action in a matter in respect of which the parties have made an agreement referred to in section 44, shall, at the request of one of the parties or any person claiming through or under him, refer the parties to arbitration, unless it finds that the said agreement is null and void, inoperative or incapable of being performed.”

Section 3 of Foreign Awards (Recognition And Enforcement) Act, 1961

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

License

Posted by : Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Relevant Law

Section 52 of Indian Easement Act, 1882 defines License as under:

“Where one person grants to another, or to a definite number of other persons, a right to do or continue to do, in or upon immovable property of the grantor, something which would, in the absence of such rights, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license.”

Section 105 of the Transfer of Property Act, 1882 defines Lease as under:

“A lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms. The transferor is called the lessor, the transferee is called the lessee, the price is called the premium, and the money, share, service or other thing to be so rendered is called the rent.”

Moonmoon Karmakar [HR, MCO Legals LLP]

Increased Reliance on Contractors and Part-time Employees

Posted by : Moonmoon Karmakar [HR, MCO Legals LLP]

Enterprises nowadays are mostly finding solace with contractors and part time employers to accomplish their business tasks. This practice gains much weight by the Intuit 2020 Report as well, which says that around 40% of the workforce in the US will work as part time employees or full time freelancers by 2020. However, the demand of full time employees also ceases to wither owing to several specific reasons. Let’s inspect further, and know which of these employment options befit businesses.

Full time employers (FTEs)

Here are few of the important benefits of hiring FTEs to work for your company:

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

Supreme Court Dismisses Plea against Marital Rape

Posted by : Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

While the debate on whether marital rape should be criminalized continues without any settle resolution, the incidents of sexual assault on Indian women cease to end. Rashmi (name changed) is the latest victim of marital rape who is fighting an almost lost battle. The 25-year-old got a major setback as the Supreme Court refused to entertain her petition in February 2015, for declaring marital rape a criminal offence.

She pleaded that her husband repeatedly treated her like sex object. Whenever they had a spat, he would take revenge in bed. He didn’t stop even at times when she was unwell. The Supreme Court however dismissed the case on technical grounds. It said that it is not possible to change the law (Section 375) for one individual.

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

SC orders against Mediation in Rape Cases

Posted by : Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

In a historic decision, the Supreme Court has ordered to disallow the rapists reach consensus with the rape victims. The judgment came after the Madras High Court granted interim bail to a convicted rapist to allow him compromise with the minor victim and seek a negotiated marriage. The 15-year-old rape survivor, who became mother because of the rape, however turned down the offer, leading to a public outcry.

The judgment has warned judges to refrain from ordering the convicted to go for settlement in a rape case. It has termed this act as a “spectacular error” and illegal. The observation of the Supreme Court came while hearing another similar case from Madhya Pradesh involving the attempted rape of a Minor in 2008.

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

Supreme Court Goes Soft on Adults Watching Sleaze within Four Walls

Posted by : Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

In a recent decision, the Supreme Court has turned down the plea to block porn websites in India. Giving his judgment, the Chief Justice said that the court couldn’t pass such interim orders, as it will violate Article 21, which is the fundamental right to personal liberty. To the contrary, anyone above 18 could file plea against someone stopping him from watching sleaze within the privacy of his room.

The petitioner, advocate Kamlesh Vashwani, in his complaint has said that the government is yet to respond to the plea. He aspired the court to intervene in the matter and pass some interim order to block porn sites. The court however rejected the petition, but simultaneously acknowledged the gravity of the issue.

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

Unmarried Mother Can Raise Child Alone without Father's Consent, says SC

Posted by : Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

In a groundbreaking decision, the Supreme Court has ruled that an unwed mom must be recognized as her child’s legal guardian. No one can force her to disclose the name of kid’s father, nor does she require his consent while seeking right to guardianship.

The ruling came as a response to a petition filed by a Christian woman who had challenged the orders from Delhi high court and the trial court to disclose the name of the father of her child. She wanted to make her child the heir to her property, and hence sought his guardianship for the same.The woman had raised the kid single handedly, without any help from his biological father. As a part of the hearing, she did tell the name of the father during her interaction with the bench of judges in the chamber.

The importance of New Development Bank under inter-governmental treaty

Posted by : Admin

At the recent summit in the month of July, 2014, major emerging economies together called the BRICS (B for Brazil, R for Russia, I for India, C for China, and S for South Africa) have announced the establishment of a “New Development Bank”, the name suggested by the Prime Minister of India Mr. Narendra Modi. The motive is in order to have an alternative to the old-order World Bank and the International Monetary Fund (IMF). These institutions have since post-war times served the world’s financing needs, especially in the areas of development and for crisis management.

For a long while, however, the Western financial institutions have been thought of as inadequate from the perspective of the rising economies. The problem is that these institutions are by all means ‘Western’. The IMF and the World Bank, sister organizations, were established as part of the Bretton Woods system after the Second World War, and are both located in Washington DC.

Shruti Paras [B.B.A., LL.B Symbiosis Law School, Noida]

Are citizen services an unattainable myth in India? Can Aadhar be the pivot for the government's citizen services drive?

Posted by : Shruti Paras [B.B.A., LL.B Symbiosis Law School, Noida]

There have been continuous assumptions on whether the plan of citizen services to be provided by the government is going to be a hit or miss. The citizen services to be provided are mainly based on the digitalization of the basic services, namely bank accounts, LPG cylinder bookings, and other government services accessed by the citizens. It is hence easily understood that the government aims at providing better governance through these services.

 Technology is indispensible in today’s age; and although India is not as technology-savvy as the Western countries, it too is slowly waking up to the idea of using technology for its daily activities.

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