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The ITU regulatory framework for satellite communications: An analysis of Space WARC 1985

Mr. Anand Kumar Sinha [5th Year BBALLB, Symbiosis Law School, Pune ]

One of the fundamental purposes of the International Telecommunication Union (ITU), since its establishment more than one hundred and twenty years ago1, has been to harmonize the actions of nations in regard to the development and use of telecommunications of all kinds. The basic instrument of the union today is the International Telecommunication Convention of 1982. The convention has the force of an international treaty and is complemented by the administrative regulations which include the Telegraph and Telephone Regulations and the Radio Regulations.

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ANALYSIS OF THE AMENDMENTS TO SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996

Saakshi Sharma [BBA.LLB (5th Year), Symbiosis Law School, Pune] ( Under the guidance of Ms. Tannishtha Singh, Senior Associate at MCO Legals)

Section 34 of the Arbitration and Conciliation Act, 1996, provides for the interference of the Court/Judiciary in the Arbitral Process. It lays down the procedure for the application as well as the grounds on which the arbitral award can be asked to be set aside. It also puts a limitation on the applicant that such an application needs to be filed within three months from the date of receipt of the arbitral award by that party.

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CORPORATE SOCIAL RESPONSIBILITY IN INDIA, UNDER COMPANIES ACT 2013

Saakshi Sharma [BBA.LLB (5th Year), Symbiosis Law School, Pune] ( Under the guidance of Ms. Tannishtha Singh, Senior Associate at MCO Legals)

According to the United Nations Industrial Development Organization, Corporate Social Responsibility is a management concept whereby companies integrate social and environmental concerns into their business operations and interactions with their stakeholders. CSR is generally understood as being the way through which a company achieves a balance of economic, environmental and social imperatives ("Triple-Bottom-Line- Approach"), while at the same time addressing the expectations of shareholders and stakeholders.

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RIGHTS OF THE ACCUSED IN INDIA

Saakshi Sharma [BBA.LLB (5th Year), Symbiosis Law School, Pune] ( Under the guidance of Ms. Tannishtha Singh, Senior Associate at MCO Legals)

India is a democratic country that believes in giving basic human rights and equal protection of laws to all of its citizens. Everybody is treated with dignity and the basic human rights of all human beings are acknowledged. The right to life and personal liberty under Article 21 is also considered to be the most fundamental and important right guaranteed to the people of India by the Indian Constitution, as is evident by the fact that this right cannot be suspended even in the case of national emergencies, when all other fundamental rights remain suspended.

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Fuel Quality Directives

Priyanka Singh [BA LLB (4th Year), Symbiosis Law School, Noida] ( Under the guidance of Ms.Tannishtha Singh, Senior Associate at MCO Legals LLP)

The purpose of this paper is to show the facts about the European Union's Fuel Quality Directive and its provision for transport fuel per the greenhouse gas emission intensity. It would focus on unprecedented lobby which is creating hindrance in implementing the measures of FQD.

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RESALE PRICE MAINTENANCE

Priyanka Singh [BA LLB (4th Year), Symbiosis Law School, Noida] ( Under the guidance of Ms.Tannishtha Singh, Senior Associate at MCO Legals LLP)

The purpose of this paper is to show a brief description of the Resale Price Maintenance, there legislative history, treatment under the Indian Competition Law,2002, Economies of Resale Price Maintenance, and the Competition Commission of India Approach towards the Resale Price Maintenance. This paper also provides an understanding of the basic provisions, substantive as well as procedural under the Competition Law, 2002, which helps in understanding the process of inquiry by the CCI. This paper also focuses that how the CCI should lay down guidelines for evaluating different kinds of agreements which are going in the market like vertical agreements, instead of putting all of them to a general rule of reason approach.

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Plight Of The Commercial Sex Workers And The Legal System

Surbhi Agarwal [BA LLB (4th Year) , Symbiosis Law School, Pune] ( Under the guidance of Ms. Tannishtha Singh, Senior Associate at MCO Legals LLP)

Commercial sex work today, in India constitutes a Rs.40,000 crore annual business with nearly 10 million people involved in it in one form or another. From 2009 to 2013, the number of incidents of human trafficking registered increased from 2848 to 3940. In 2013 alone, there was a 0.6% increase in the number of cases registered under Immoral Traffic Prevention Act(National Crime Records Bureau, 2013).

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THE PROBLEM OF CHILD ABUSE IN INDIA

Surbhi Agarwal [BA LLB (4th Year) , Symbiosis Law School, Pune] ( Under the guidance of Ms. Tannishtha Singh, Senior Associate at MCO Legals LLP)

India has consistently been quoted as having a serious potential threat to the developed world, primarily based on the fact that their population harbours a maximum of young population (UNFPA, 2014). This human resource of the country is double edged weapon. When properly invested and nurtured, the strength of a country is unleashed and could produce mind boggling numbers with respect to economy, GDP, investments, per capita, reserves and other ratios. Nonetheless, if not attended to, increases immense burden on the exchequer, leading to a plethora of problems. Illiteracy, unemployment, poverty, increases in crime rate, just to name a few, hampering the overall growth of the country.

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Application of Human Rights in Armed Conflicts

Sangeeta Moga [BSc LLB (4th Year) , Gujarat National Law University, Gandhinagar] ( Under the guidance of Ms. Tannishtha Singh, Senior Associate at MCO Legals LLP)

International human rights law (HRL) and international humanitarian law (IHL) share the same fundamental principles, aiming to protect human beings. Although they both came to the forefront of discussions after the devastating consequences of World War II, HRL and IHL were initially dealt with as two completely distinct bodies of law, applying in different situations. Although the human rights treaties did not state this, the general understanding was to see HRL applying during peacetime and IHL during wartime. This approach, however, was gradually abandoned. Today, it is accepted that HRL continues to apply in situations of armed conflict together with IHL.

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UNIFORM CIVIL CODE

Ayush Shrivastava [Symbiosis Law College, Pune (3 years LL.B)]

In India, we have a criminal code that is equally applicable to all, irrespective of religion, caste, gender and domicile. However, a similar code does not exist especially with respect to divorce and succession and we are still governed by the personal laws. These personal laws are varied in their sources, philosophy and application. Thus, a major constraint arises while bringing people governed by different religions under one roof.

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CORPORATE GOVERNANCE & ROLE OF INDEPENDENT DIRECTOR

Ayush Shrivastava [Symbiosis Law College, Pune (3 years LL.B)]

Corporate governance is essentially all about how corporations are directed, managed, controlled and held accountable to their shareholders. The subject of corporate governance came in to prominence in the late 80's and 90's when the corporate sector worldwide was surrounded with problems of questionable corporate policies or unethical practices.1 In India, the question of the corporate governance first came up mainly in the wake of economic liberalization and de-regulation of industry and business. Corporate governance in the contemporary Indian scenario assumes tremendous significance since a corporation is a conglomeration of various stakeholders.

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GOVERNING LAWS TO BE APPLICABLE TO CONTRACT AND ARBITRATION AGREEMENT IN INTERNATIONAL ARBITRATION

Neha Yadav [BSc LLB (IV Year), Gujarat National Law University] ( Under the guidance of Tannishtha Singh, Associate at MCO Legals)

International arbitrations usually arise out of cross-border commercial transactions involving a complex interaction of laws. Arbitration rules are generally far simpler and more flexible than court rules. As a result, they are relatively easy to understand for parties of different nationalities, the proceedings are more focused on the substantive issues and the parties are better able to adapt the dispute resolution process to suit their relationship and the nature of their disputes. There are many issues-from the capacity of the parties to sign a contract to the recognition and enforcement of an award-that require the application of different laws and rules in order to resolve the dispute properly.

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RIGHT TO INFORMATION: IMPLEMENTATION AND IMPACT

Neha Yadav [BSc LLB (IV Year), Gujarat National Law University] ( Under the guidance of Tannishtha Singh, Associate at MCO Legals)

The Right to Information Act (for short "RTI Act") is an Act enacted to provide for setting out the practical regime of right to information for citizens and has replaced the Freedom of Information Act, 2002. This act empowers any citizen to request information from a "public authority" (a body of Government or "instrumentality of State"). This act was passed by the Parliament on 15 June 2005 which came fully into force on 12 October 2005.

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REFUGEES AT SEA

Shivani Puri [Gujarat National Law University, Gandhinagar]

Irregular migration has always been a problem for States in different parts of the world. The increase in number of people without necessary documentation has raised concerns about the ability of the State to control borders and access to their territory1 . The Mediterranean Sea has claimed over 1000 lives in the past few weeks. 2 States have taken steps to address these problems but their own interests hinder the assistance that could be given to refugees. However, in this process States violate the basic humanitarian principles that govern the fate of the asylum seekers.

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COMPULSORY LICENSING IN INDIA

Shivani Puri [Gujarat National Law University, Gandhinagar]

Licensing agreement for intellectual property may be voluntary or non voluntary. Voluntary agreements are a common form to authorize the use of patented rights; however there are situations where the inventors may not approve this exercise. The terms "compulsory" or "non voluntary" licensing refer to the practice whereby the government uses the subject matter of the patent, without due authorization by the patent holder, for purposes of public interest. This right to use the patented invention may be delegated to a third party. Thus the invention is exploited by the government or a third party

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A Nightmare for the Convicts

Aishwarya Gupta [Symbiosis Law School, NOIDA]

Convicts or prisoners are human beings who are convicted for the wrong they did to individual or society that is why as much as the law has a duty to protect the citizen outside the jail it has the same duty towards the criminal inside the jail. The reasons for imprisonment vary as widely as the age of the offenders to gender. Many statistics has shown that many of the prisoners have complained about rape the most. Also, not only females but males also complained about sexual harassment inside the prison. The problem of prison rape is difficult to address, including difficulties in estimating the prevalence and nature of prison rape.

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Legalizing Surrogacy: Boon or Ban

Aishwarya Gupta [Symbiosis Law School, NOIDA]

Science is a boon or a bane remains a debate, even while we witness both its effects, like two sides of the coin. However, in a society one can try to tilt the balance towards positive contributions to universe. Surrogacy is scientific boon using borrowed eggs, sperms or womb for childbearing for some unblessed couples. The debate is between use of this scientific progress on pure humanitarian grounds to misuse of the same for commercialization. It is a need-based temporary relationship between borrower looking for cheaper resource for genetic makeup of the baby of their own and the lender for financial gains compromising with her social, physical & emotional health while nourishing the dream child which may came at the cost of her own family.

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ADVERSARIAL SYSTEM

Gaurav Maheshwari  [BBA LLB(Hons.) 5Th Year] ( The ICFAI University, Dehradun)

The primary responsibility of the State is to maintain law and order so that citizens can enjoy peace and security. Life and personal liberty being very precious rights, their protection is guaranteed to the citizens as a fundamental right under Article 21 of our Constitution. This right is internationally recognized as a Human Right. Right to property which once had the status of a fundamental right in our Constitution is now relegated to a constitutional right under Article 300A of the Constitution. Many times deprivation of right to property leads to invasion of personal liberty.

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Trade Secret & Unfair Competition Law

Gaurav Maheshwari  [BBA LLB(Hons.) 5Th Year] ( The ICFAI University, Dehradun)

Intellectual property rights create monopolies, while a competition law battles monopolies. How do the two policies interact? Is there a balance? A trade secret has both monopoly value and use value, but only the former will normally be affected by misuse of the secret. On this basis, some courts have held that information cannot be considered property.

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PRIVACY CONCERNS IN MEDIA LAW

Prerana Agarwal [5TH YEAR, BBA LLB.] ( STUDENT OF GUJARAT NATIONAL LAW UNIVERSITY)

With the advent of media, a world of nearly limitless possibilities have opened up. Media comprises of the social component that makes it so popular among the people. Also, it helps in the efficient functioning of a democracy1. Media laws in India have a long history right from the British rule.2 The Constitution of India does not provide for a direct provision for the freedom of media but has an indirect provision for the same. Article 19(1) (a) guarantees all citizens the right to freedom of speech and expression. It is under this Article, that the media derives its freedom of speech and expression and the right to publish any piece of information.

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UNDERSTANDING OF THE TAXATION SCHEME FOR COMPOSITE SERVICES

Prerana Agarwal [5TH YEAR, BBA LLB.] ( STUDENT OF GUJARAT NATIONAL LAW UNIVERSITY)

Different judicial pronouncements read along with the provisions of Chapter V of the Finance Act 1994, have given expression to some of the concepts of taxation of services in India. One of the most important concepts among these is that of "composite services" i.e. services which involve both sale of goods as well as provision of service.Two of the most popular examples of composite services are restaurants and works contracts.

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Issue of Non-Obviousness in Respect of Biotechnological Inventions

Nainjyot Gandhi [BBA.LLB of Symbiosis Law School, NOIDA] ( Symbiosis International University, PUNE)

Biotechnology is a culmination of human intervention and natural processes. Biotechnology is not new but exists since ancient times and its progress has been witnessed through many centuries. The term "biotechnology" is defined broadly to include not only the old biotechnology such as the traditional method of manufacturing fermented products but also the new biotechnology represented by genetic engineering and recombinant technology.

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BANK NATIONALIZATION AND RECENT MELTDOWN IN WORLD ECONOMIES

Nainjyot Gandhi [BBA.LLB of Symbiosis Law School, NOIDA] ( Symbiosis International University, PUNE)

Today, India is much more integrated with the world economy through both the current and capital accounts. The down turn that appears to have begun in the USA in September, 2008 have had some negative impact not only on Indian economy but on many European countries (Greece) as well who are still reeling in with the aftershocks of the slowdown of world's economy. The most immediate effect of this global financial crisis on India was an out flow of foreign institutional investment (FII) from the equity market. This withdrawal by the FIIs led to a steep depreciation of the rupee. The banking and nonbanking financial institutions suffered losses but had not RBI stepped in with its firm credit control policies, the impact of the recession would have been far greater. The recession generated the financial crisis in USA and other developed economies adversely affected India's exports of software and IT services.

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PRIVACY AND DATA PROTECTION IN CYBER SPACE: INDIAN PRESPECTIVE

Nainjyot Gandhi [BBA.LLB of Symbiosis Law School, NOIDA] ( Symbiosis International University, PUNE)

Privacy is an interest with several dimensions. In this research project, focus would be on one of the aspects of privacy ie privacy of personal data. The essence of data privacy every individual has the desire to control or influence the handling of their personal data. Flowing from this, there arises a need for a mechanism by which this interest is protected and balance it with other conflicting interests.

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The Nuances in the Interaction between the Competition Law, 2002 and the Consumer Protection Act, 1986

Arpita Dixit [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

The Competition Act, 2002 is a piece of legislation which actually promotes the transition from "caveat venditor (i.e., let the buyer beware) to caveat emptor (let the seller beware)" transforming the entire market situation. The concept of the Consumer Protection Act, 1986 is rooted with the caveat venditor concept which is to protect the consumer's interest against the malpractices of the sellers who make profit at the cost of the vulnerable consumers. Whereas, the Competition Act tries to protect the interest of the sellers as well as the consumers.

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Indecent Representation in Advertisement

Arpita Dixit [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

The Kerala High Court on 5th June 2013 asked the Director General of Police (DGP) and the State Government to pay serious attention to 113 cases registered by the state police against indecent representation of women in advertisements and films. The court held that the Act should be implemented in letter and spirit. "There is truth in the contention of the petitioner that there was laxity on the part of the implementing agency. The government had issued a circular in 2012 and the agency has failed to implement the provisions of the enactment in its letter and spirit," the Court observed.2This shows lack of implementation of laws in India regulating media sector and other regulations governing advertisements in India.

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THE ROLE OF INTERNATIONAL CONCILIATION UNDER INTERNATIONAL LAW

Arpita Dixit [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

It has always been the objective of international law to develop means and methods through which the disputes among the nations may be resolved through peaceful means and on the basis of justice. In this connection, the rules of international law are party in the form of customs and party in the form of law making treaties. The two Hague Conferences of 1899 and 1907, the covenants of the League of Nations and the United Nation Charter have been helpful in laying down the ground work for the international dispute resolution.

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PATENT AND TRANSFER OF TECHNOLOGY

Arpita Dixit [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

The major objective of the developing countries around the globe is industrialization. For such growth there has to be advancement of science and technology. One important method for such advancement involves the transfer of technology in the form of patents and other industrial property rights from the technology holders to developing countries. Access to such knowledge and experience is essential to accelerate economic development of a country.

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THE BASIC STRUCTURE OF THE INDIAN CONSTITUTION

Disha Singh [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

The debate on the "basic structure" of the Constitution, lying somnolent in the archives of Indias constitutional history during the last decade of the 20th century, has reappeared in the public realm. While setting up the National Commission to Review the Working of the Constitution (the Commission), the National Democratic Alliance government (formed by a coalition of 24 national and regional level parties) stated that the basic structure of the Constitution would not be tampered with Justice M.N. Venkatachalaiah, Chairman of the Commission, has emphasised on several occasions that an inquiry into the basic structure of the Constitution lay beyond the scope of the Commissions work.

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OWNERSHIP OF COPYRIGHT WORK CREATED DURING THE COURSE OF EMPLOYMENT: A COMPARATIVE ANALYSIS

Arpita Dixit [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

The general principle of ownership is that the author is the first owner of the copyright. A sculptor will be the first owner of his or her sculpture and I will be the first owner of the copyright in the poem I write for my own enjoyment. But contract of employment undermine this general principle. It has to be understood that the ownership of copyright in a work is independent of the ownership of the physical material in which the work is fixed. For example, you go to a shop and buy "2 STATES".

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MASS SURVEILLANCE - A VIOLATIVE OF RIGHT TO PRIVACY UNDER INTERNATIONAL PUBLIC LAW

Arpita Dixit [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

In the wake of Edward Snowdens revelations of the mass surveillance by states, the utter disregard for the right to privacy guaranteed to the individuals was brought to full public view. The National Security Agency (NSA) the United States of America was carrying out mass surveillance of the internet which violated the privacy of millions of Americans. In addition to this the bulk data available with NSA was provided to the Government Communications Headquarters, United Kingdom for access which in turn was unlawful. These dark secrets of nations spying on their citizens raised several important questions as to the violation of Right of privacy, the responsibility of states to protect the rights of their citizens and their international obligations in this regard. According to a report of the United Nations General Assembly, mass internet surveillance is against the concept of privacy as per international laws.

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BAR COUNCIL OF INDIA

Disha Singh [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

The Bar Council of India is a statutory body created by Parliament to regulate and represent the Indian bar. We perform the regulatory function by prescribing standards of professional conduct and etiquette and by exercising disciplinary jurisdiction over the bar. We also sets standards for legal education and grants recognition to Universities whose degree in law will serve as qualification for enrolment as an advocate. In addition, we perform certain representative functions by protecting the rights, privileges and interests of advocates and through the creation of funds for providing financial assistance to organise welfare schemes for them.

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RESEARCH ON CHILD LABOUR

Disha Singh [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

The Descriptive Study is really a blessing for me to enhance my knowledge. I am grateful for the assistance, guidance and support that was extended during the course of excellent research. I thank my parents and friends for their moral support and love throughout my research work and project preparation. Above all I thank the God Almighty for blessing me with the health and vitality to complete this project.

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CORPORATE RESTRUCTURING

Arpita Dixit [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

Corporate Restructuring is the process involved in changing the organization of a business. Corporate restructuring can involve making dramatic changes to a business by cutting out or merging departments that often has the effect of displacing staff members.

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CLIMATE CHANGE - A MAJOR CONCERN IN INTERNATIONAL ENVIRONMENTAL LAW

Arpita Dixit [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

One of the major global concern in International law is climate change. The emissions of greenhouse gases (GHGs) in the atmosphere have risen considerably due to fossil fuel burning, deforestation and other human activities. The current trends if allowed to prevail at the same rate will lead to irreversible damages to the environment, resulting in loss of life and property. The said resultant climate change may occur in form of rising of sea level, destruction to the agricultural capacity of land, also extreme events like landslides and floods. These impacts are few to mention but, the bigger picture impacts the social, economic and environmental interest of states. By state, we mean the individuals as the subjects of law. States find it extremely convenient to establish international organisations, bestow upon them some powers, subject to the general control of the powerful economies in world. These nations exercise differential powers to make convenient accommodations as per favourability.

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BALANCING MULTICULTURALISM AND GENDER JUSTICE

Arpita Dixit [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

Can domestic legislation honor both the rights of women and the rights of cultural minorities within liberal political systems? Or are the two goals necessarily at odds? Policy makers debate the role of multiculturalism in modem liberal societies and its effect on rights of women. Determining the most constructive approach for a state seeking to accommodate these competing interests requires that policy makers be sensitive to the needs of various cultural communities as well as to the needs of women or other marginalized populations. Perhaps nowhere is this challenged as currently significant as it is in India, a majority Hindu nation that is also home to 138,000,000 Muslims-the third largest Muslim community in the world-and 24,000,000 Christians, and which has seen recent and vehement upsurges in both demands for minority rights and concomitant violence against religious minorities.

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PATENT ILLEGALITY AS A GROUND FOR SETTING ASIDE ARBITRAL AWARD: INDIA

Ayushi Toshniwal  [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

The Arbitration and Conciliation Act, 1996 came as a change from the previous Act of 1940 and was substantially based on the Model law adopted by the United Nations Convention on International Trade Law. In view of international policy it became imperative for India to make its law along the UNCITRAL Model. The General Assembly recommended that all countries give consideration to the Model Law with a view to have uniformity of arbitration procedures. In the global commercial context where most contracts have an arbitration clause, uniformity is most desirable.

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FATCA LAWS IN THE US AND COMPLIANCE IN INDIA

Ayushi Toshniwal  [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

FATCA is a United-States central legislation that was enacted in the 111th Congress in 2010. It added Chapter 4 to the Internal Revenue Code of the United States of America ("USA" or "US"). It has been brought about to curtail tax evasion and help the government generate the revenue that it is rightly entitled to. The intent of this legislation is to determine US Persons who avoid tax payment by crediting their personal income, return on investments or proceeds from sale in foreign financial institutions.

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TAXABILITY OF UNSOLD FLATS IN THE HANDS OF REAL ESTATE DEVELOPERS UNDER SECTION 22 OF INCOME TAX ACT

Shubhangi Arora [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

In respect of a let out house property, the rent received is usually taken as the annual lettable value. When, however, the rent is not indicative of the actual earning capacity of the house, the notional annual value will have to be found and adopted. The standard rent would be the Annual Value in the case of properties, subject to Rent Control Legislation. However, when the actual rent received or receivable is higher than the notional value as calculated above, the higher figure will be taken for the purpose of Income-tax.

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SECTION 43CA INCOME TAX

Saumya Parmarthi [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

As per provision of Section 43CA of the Income-Tax Act, 1961, Real Estate companies have to be assessed on a turnover (based on stamp duty value or circle rate) in respect of all transactions relating to land or building or both. This will have an impact in the case of Real estate developers and traders in India where immovable property is kept as stock-in-trade;

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VEXATIOUS LITIGATION (PREVENTION) ACTS OR BILLS OF 5 STATES

Shubhangi Arora [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

INDIA has been hailed as a vibrant democracy with an active judiciary in place to arbitrate altercations on substantive issues of law. Yet, in a country our size, the litigious tendency of the population is borne out by the number of cases pending in various courts. That the backlog of cases keeps the system from effectively delivering results for those who seek expeditious settlement on both civil and criminal cases is well-known.

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COMMERCIAL COURTS - AN ANALYSIS

Saumya Parmarthi [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

Recognizing the optimism in Indian markets, driven by a government that is encouraging growth in trade and commerce, the Law Commission of India (hereinafter referred to as "LCI") in its recent 253rd Report has recommended reforms that can support this economic growth from a legal perspective. These are much-needed reforms in a growing economy where commercial disputes are often complex and of high value. The LCI has recommended the establishment of a commercial division in the High Courts to ensure speedy disposal of high-value commercial suits.

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INTERNATIONAL ARBITRATION INVOLVING MULTI JURISDICTION AND IMPLEMENTATION OF AWARD

Shubhangi Arora [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

Increasing international trade and investment is accompanied by growth in cross-border commercial disputes. Given the need for an efficient dispute resolution mechanism, international arbitration has emerged as the preferred option for resolving cross-border commercial disputes and preserving business relationships. With an influx of overseas commercial transactions and open ended economic policies acting as a catalyst, international commercial disputes involving India are steadily rising. This has led to tremendous focus from the international community in Indias international arbitration regime.

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ALTERNATIVE DISPUTE RESOLUTIONS MECHANISM IN INDIA

Saumya Parmarthi [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

Alternative Dispute Resolutions ("ADR") are alternative methods that; an independent, objective and impartial third party provides the parties of the legal dispute to reach an agreement about the dispute by bringing them together and communicating with each other.

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ARBITRATION LAW OF INDIA - A CRITICAL ANALYSIS (ARBITRATION AND CONCILIATION ACT)

Ayushi Dhingra [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

was held to have stated "An arbitrator is a private extraordinary judge between party and party, chosen by their mutual consent, to determine controversies between them. And arbitrators are also called because they have an arbitral power, for if they observe the submission (arbitration agreement) and keep within the bounds, their sentences are definite from which there lays no appeal." [Willam H. Gill, Evidence and Procedure in Arbitration, 1 (1965)]

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SECTION 7 OF THE ARBITRATION AND CONCILIATION ACT, 1996

Nitu Mittal [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

Section 7 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the 1996 Act") provides for an Arbitration Agreement (1). The definition provided in this Section has been modeled on the Report of the United Nations Commission on International Trade Law on the work of its 18th Session (2), providing an account of the deliberations of the Commission which lead to the adoption of UNCITRAL Model Law on International Commercial Arbitration.

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INTERIM RELIEF UNDER SECTION 9 OF THE ARBITRATION AND CONCILIATION ACT, 1996

Nitu Mittal [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the 1996 Act") provides for the making of orders for interim relief to parties in respect of arbitration. This Section finds its origins in Article 26 of the UNCITRAL Arbitration Rules, 1976 but it differs from this provision insofar as the latter is restricted in its elaboration of specific grounds under which interim relief can be claimed; whereas the former provides for a number of specific types of interim relief that the court may grant.

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THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURTS BILL, 2015

Anand Saraf [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

The Law Commission of India in its 253rd report entitled Commercial Division and Commercial Appellate Division of High Courts and Commercial Courts Bill, 2015, suggested creating specialized commercial courts across the country to reduce time spent in court for litigating companies. The commission sought to revamp the commercial dispute resolution mechanism system by separating it from other civil disputes. The main intention was speedy disposal of high-value commercial cases, delays in which can be a disincentive to foreign investors. The Commercial Courts Bill, 2015 was introduced in Rajya Sabha on April 29, 2015.

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LAW COMMISSIONS REPORT ON AMENDMENTS OF ARBITRATION AND CONCILIATION ACT, 1996

Ayushi Dhingra [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

The Arbitration and Conciliation Act, 1996 ("Act" in short) is an Act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards, and to define the law relating to conciliation and for matters connected therewith or incidental thereto.

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INSTITUTIONAL ARBITRATION -VS- ADHOC ARBITRATION

Pooja Vohra [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

Arbitration may be defined as "the process by which a dispute or difference between two or more parties as to their mutual legal rights and liabilities is referred to and determined judicially with binding effect by the application of law by one or more persons instead of a court of law". If an arbitration agreement stipulates that the arbitration shall be administered by an arbitral institution, it is an institutional arbitration. Ad hoc arbitration may best be understood by reference to institutional arbitration. There are distinct differences between the two types of arbitration.

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THE ARBITRATION & CONCILIATION ACT, 1996

Anand Saraf [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

The Arbitration & Conciliation Act, 1996 is of consolidating and amending nature and is not exhaustive. It goes much beyond the scope of the 1940 Act and provides for domestic arbitration as well as enforcement of foreign arbitral awards. It proceeds on the basis of the UN Model Law so as to make our law in accordance with the law adopted by the UN Commission on International Trade Law (UNICITRAL).

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JUDGMENT NOTE - SUMITOMO HEAVY INDUSTRIES LIMITED V. ONGC LIMITED AND OTHERS

Nitu Mittal [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

Sumitomo Heavy Industries Limited (hereinafter referred to as "The Appellant") entered into a contract with ONGC Limited (hereinafter referred to as "The First Respondent") on 7th September, 1983 for installation and commissioning of an oil platform on turnkey basis at Bombay High, about 100 miles north-west of Bombay.

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PROPOSED ARBITRATION AND CONCILIATION (AMENDMENT) ORDINANCE, 2014 FOR IMPROVING EASE OF DOING BUSINESS IN INDIA

Pooja Vohra [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

The Arbitration and Conciliation (Amendment) Ordinance, 2014 was cleared by the Union Cabinet on December 29, 2014, however, has not been placed before the President for his assent. Further, the Cabinet resolved to place the amendments in the form of an Amendment Bill before the Parliament in the session commencing on 23 February 2015 and chose not to go through the Ordinance route. However, the contents of the Bill are still awaited. It is likely that the proposed bill will incorporate the proposals in the 246th Report of the Law Commission of India and is expected to mirror the aforesaid Ordinance.

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EFFECT OF ARBITRATION AGREEMENT UNDER 1996 ACT (SECTION 8)

Ayushi Dhingra [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

To make the arbitration meaningful and real alternative to litigation, the matter covered by an arbitration agreement shall not be litigated upon in any court of law, except for the purposes of making the arbitration really effective. Except Section 8 of the Indian Arbitration and Conciliation Act, 1996 ("Act" in short) there is no other provision in the Act that in a pending suit, the dispute is required to be referred to the arbitrator.

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DRAFTING OF AN ARBITRATION AGREEMENT

Nitu Mittal [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

The success of arbitration in the settlement of disputes will depend on an accurate drafting of the arbitration agreement. The most important rule in drafting an arbitration agreement is to ensure clarity and avoid any uncertainty that may add an unpleasant layer of contention to business relationships. A badly drafted clause increases the risks of parties engaging in a jurisdictional fight before the substantive one. That in turn translates to increased costs and inconvenience to parties. In several instances, the courts all over the world have highlighted the undesired outcomes of a badly drafted arbitration clause. Whether a particular clause is an arbitration agreement is determined by an objective enquiry into the intentions of the parties.

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DIFFERENCE BETWEEN VENUE, SEAT AND PLACE IN ARBITRATION

Nitu Mittal [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

Arbitration Law of India- A Critical Analysis

Venue :- The place where something happens, especially an organized event such as a concert, conference, or sports competition.

Seat :- especially an organized event such as a concert, conference, or sports competition.A sitting place for a passenger in a vehicle or for a member of an audience.

Place :- A particular position, point, or area in space; a location.

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DIFFERENCE BETWEEN LAW GOVERNING CONTRACT, LAW GOVERNING ARBITRATION AND PROCEDURES GOVERNING ARBITRATION PROCESS

Nitu Mittal [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

Arbitration Law of India- A Critical Analysis

Law of Arbitration as it has developed globally recognizes that there is a difference between the law of contract and the law governing the conduct of the Arbitral Tribunal. Parties are empowered to nominate which national law will govern either or both these divisions.

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DIFFERENCE BETWEEN 1940 AND 1996 ACT

Anand Saraf [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

Consumer Case No. 427 of 2014, Shri SATISH KUMAR PANDEY & ANR. Vs. M/s UNITECH LTD.
Consumer Case No. 428 of 2014, Shri ABHISHEK RASTOGI & ANR. Vs. M/s UNITECH LTD.
Consumer Case No. 430 of 2014, SUSHMITA PATHY & ANR. Vs. M/s UNITECH LTD.
Consumer Case No. 432 of 2014, RUMA BATHEJA & ANR. Vs. M/s UNITECH LTD.
Consumer Case No. 433 of 2014, VIKAS PARCHHANADA Vs. M/s UNITECH LTD.

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PENALTY - 'DELAY IN DELIVERY OF FLAT'

Anand Saraf [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

Complainants booked apartments with opposite party (Unitech) in a complex developed by them in Sector 70 of Gurgaon and entered into individual Buyers' Agreement, according to which possession of the flat was to given within 36 months of signing of the said agreement. Clause 4.a is reproduced as follows:

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ARCHAIC LAWS REPEALED BY THE PARLIAMENT

Nitu Mittal [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

The Government of India is constantly repealing the Acts which have lost relevance and are clogging the statute book in order to dispense with such obsolete laws. In furtherance of its endeavour, the Repealing and Amending Act, 2015 was enacted. The said Act was the outcome of the Repealing and Amending Bill, 2014, which was introduced in the Lok Sabha on August 11, 2014 by the then Minister of Law and Justice, Mr. Ravi Shankar Prasad. It was subsequently passed in both the houses and received the assent of the President on May 13, 2015. The broad features of the Act include:

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PUBLIC PRIVATE PARTNERSHIPS IN INDIA

Nitu Mittal [Intern at MCO Legals LLP] ( Under the guidance of Amit Mohaan Meharia, Managing Partner of MCO Legals LLP)

Public Private Partnership (for short “PPP”) describes a government service or private business venture which is funded and operated through a partnership of government

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S.J. COKE INDUSTRIES PVT. LTD. ETC. Vs CENTRAL COALFIELDS LTD. ETC

Ishita Midha [Intern at MCO Legals LLP]

The Central Coalfields Ltd. (hereinafter referred to as "the CCL") is a Public Sector Undertaking of the Government of India engaged in the business of producing various grades of Coal.The S.J. Coke Industries Pvt. Ltd. Etc. (hereinafter referred to as "the Companies") are private limited companies registered under the Companies Act, 1956. They are engaged in the business of sale and purchase of various grades of Coal.

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MANOHAR LAL SHARMA Vs THE PRINCIPAL SECRETARY & OTHERS JUDGEMENT DATED 25TH AUGUST 2014

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]
Piyush Agrawal [BBA-LLB from Christ University, School of Law, Bangalore]

STATUTORY FRAMEWORK RELEVANT:

The Government of India Act, 1935 enacted through which Mines and Minerals became provincial subjects and the State Governments of Assam, Bombay, and the United Provinces framed their own rules for the grant of Mineral concessions.

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SECURITY ALERTS! BANGALORE ATM ATTACK CASE

Chintan Poddar [Intern, 4th Year , Gujarat National Law University, B.Com. LL.B. (Hons.)]

We live an era where we boost of our nuclear advancements and cry for peace against violence! On the event of “International Day for Elimination of Violence against Women” I would like to bring into light, among many, a very recent incident in the Silicon Valley of India.

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BILATERAL INVESTMENT TREATIES IN INDIA

Shahzar Hussain [Intern; ,4th year, ILS Law College, Pune.]

A bilateral investment treaty is an international agreement establishing the terms and conditions for private investment by nationals and companies of one country in another country. These treaties aim at reciprocal promotion and protection of investments in each other’s territories by individuals and companies situated in either state.

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INSIDER TRADING - AN ECONOMIC AND UNETHICAL LOOK

Aneesha Kochhar [5th year, ILS Law College, Pune]

INTRODUCTION
This article deals with the issue of insider trading in India, the problems faced in effectively prohibiting such trading and solution to such problems.

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JUVENILE DELINQUENCY AND JUSTICE - AN OVERVIEW

Kritika Choudhary [3rd year, ILS Law College, Pune]

Juvenile delinquency, also known as juvenile offending, or youth crime, is participation in illegal behavior by minors (juveniles). A juvenile delinquent is a person who is typically under the age of 18 and commits an act that otherwise would have been charged as a crime if they were an adult.

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ADVANCE PRICING AGREEMENTS (APA)

Nilasha Mukherjee [4th year, ILS Law College, Pune]

This era of globalization is characterized by extensive involvement of multi- national groups in economic activities in most countries. In India, this trend has given birth to new and complex issues emerging from transactions entered into between two or more enterprises belonging to the same multi -national group. The profits derived by such enterprises carrying on business in India can be controlled by the multinational group, by manipulating the prices charged and paid in such intra group transactions, thereby , leading to erosion of tax revenues.

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EMERGENCE OF THE LEGISLATIVE SOFTWARE LICENSE IN US

Adhir Roychoudhury [4th Year, School of Law, Christ University]

The early years of the shrinkwrap or click-through software license, the validity of such licenses was indeed an open question. Shrinkwrap license is type of license in which before an installing a program a person has to either accept the license agreement and continue the installation of the product or not accept the agreement and refrain from using the product.

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THE DELHI RAPE AND ITS IMPACT ON INDIAN ANTI-RAPE LAW

Chintan Poddar [Intern, 4th Year , Gujarat National Law University, B.Com. LL.B. (Hons.)]

On December16, 2012 a female student was beaten and gang raped in Delhi. She died from her injuries thirteen days later, despite receiving treatment in India and Singapore. The incident generated national outcry with thousands of protesters clashing with security forces in Delhi and other parts of the country forcing the government to take swifter than usual action.

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GENERAL ANTI AVOIDANCE RULE

Debaduti Das [Intern at MCO., School of Law, KIIT University Final Year]

Globally tax avoidance has been an issue of concern and several countries have also expressed their concern and need for a law to look after the issue of tax avoidance and tax evasion. This can also be withdrawn from the fact that many countries are nowadays legislating the various anti- avoidance rules in their tax policies and thus strengthening the existing code and also putting a check on such hilarious activities of individuals.

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OPPRESSION OF MAJORITY BY MINORITY SHAREHOLDERS

Sanchari Debnath [Intern, Final Year, Rajiv Gandhi National University of Law.]

“It was held that if the allegations on which the petition was filed could be sustained, the society would be ordered to purchase the minoritys shares at a fair value. Bearing these principles in mind, if we examine the facts of this case, the only just and equitable solution which can be imposed in the context of this case is to ask the respondents to buy up the shares of the petitioners.

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CORPORATE SOCIAL RESPONSIBILITY

Soumosri Pal [LLM (Corporate Laws & Governance) NALSAR UNIVERSITY OF LAW HYDERABAD ]

The term Corporate Social Responsibility refers to the concept of business being accountable for how it manages the impact of its processes on stakeholders and takes responsibility for producing a positive effect on the society. It is what an organization does, to positively influence the society in which it exists.

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CORPORATE FRAUDS ON A RISE IN INDIA

Mubashshir Sarshar [NLU, Delhi]

India is a developing country with no paucity of corporate opportunities. As one of the prominent future markets, it has caught the eye of many global multinationals which are planning to bring their businesses to India in order to gain from the benefits which the country offers. However, these opportunities come with numerous risks and challenges, one of the prominent ones being corporate frauds.

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DNA FINGERPRINTING - BOON OR BANE

Deblina Mitra [Army Institute of Law,Mohali]

DNA fingerprinting was developed in 1984 by Alec. J. Jeffrey. The structure of DNA (Deoxyribose Nucleic Acid) was first discovered by Dr James Watson and Francis Crick in 1953. DNA fingerprinting is a form of identification based on sequencing specific non-coding portions of DNA that are known to have a high degree of variability from person to person.

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AMBIGUITY REGARDING ORIGINAL SIDE RULES

Sanchari Debnath [Intern, Final Year, Rajiv Gandhi National University of Law.]

There have been many cases which have invoked the original side rules of the certain high courts, regarding IP jurisdiction. Interestingly not many people know about such an existence of jurisdiction. In the recent order of the Madras High Court, in the case of S.A.Cocos Vs. V.V Industries, 2010s it was held that if the registry is done within the jurisdiction of the Court, the High Court could be approached, under the original side rules.

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JUDICIAL ACTIVISMS -V- JUDICIAL SELF RESTRAIN A NEED OF HOUR IN JUDICIAL PROCESS

Sneha Santra [Intern, University of Petroleum and Energy studies,Dehradun,3rd year.]

The judiciary will continue to respond to the changing needs of the times. That is how judicial activism has evolved. The concept has been borrowed from USA.  We need activism among the judiciary having certain limits. In India, Supreme Court is considered the last word of the law of land & they act as the protector of the right of the citizens. Whether it is benefiting the little man or not? Judicial extra intervention is required when judiciary is compelled to do so, provided the other two organs fail to perform their duty properly.

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THE IDEA EXPRESSION DICHOTOMY IN COPYRIGHT LAW

Diksha Sanyal [Intern,NUJS,2nd year]

The rudimentary principle of Copyright is the idea expression dichotomy. It states that ideas are not copyrightable only the expression of a particular idea is. The purpose of this distinction is to give certainty to authors as to what degree of protection they can reasonable expect; the same for potential patentees.

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EMERGENCY PROVISIONS

Monalisa Panda [Intern, University of Petroleum & Energy,Dehradun,2nd year.]

Emergency is a unique feature of the Indian Constitution that allows the centre to assume wide powers so as to handle unusual situations. Emergency is one of the notable features of the constitution in which normal peace time federalism can be adapted to an emergency situation. The provisions of Emergency in our Constitution are taken from The Weimer Constitution (Germany).

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REOPENING OF ASSESSMENT - THE SECOND INNINGS PROVISIONS

Ananya Sarkar [Fresher, KIIT University,Odisha]

Assessment simply means determination of tax. Every country has a provision relating to the assessment of tax, so does India. However, assessment is not expected to be endless by the process of reassessment. The law places a time limit for issue of notice for assessment or reassessment.

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SRILANKAN GENOCIDE

Priyantika Sinha Roy [Nirma University and Associate at Meharia & Company]

Important Facts of the Case:The petitioner is a lawyer from Kula Lumpur, Malaysia. He is of Sri Lankan Tamil ethnic origin.A Report by a Panel of Experts appointed by the United Nations Secretary General Mr. Ban Ki Moon on Accountability in Sri Lanka published on the worldwide web on 31.03.2011.

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COAL GATE SCAM

Paripurna das Gupta [Calcutta University, Advocate]

India is a broadly socialist country and in keeping with this centralized approach, between 1972 and 1976, India nationalized its coal mining industry and culminated the enactment of the Coal Mines (Nationalisation) Amendment Act 1976. In November 1975 Coal India Limited was set up. Then in July 1992 a screening committee was set up by Ministry of Coal to implement the provisions of captive mining of coal.

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COMMERCIAL SURROGACY IN INDIA

Richie Malhotra [Intern, Maharaja Sayajiro University,Vadodara, 4th year.]

Commercial surrogacy is when the surrogate mother carries the child in her womb to term and then
relinquishes the child to the commissioning parents for consideration. The basis of this is a surrogacy
agreement that defines the responsibilities and intentions of the parties concerned.

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"MEDIA: THE RIGHT TO FREEDOM OF SPEECH AND EXPRESSION AND THE PRESS"

Shantanu Saharan [Intern, 4th year ,Nirma University.]

Mass media System of the world vary from each other depending upon their economy, polity, religious background etc.,  in societies which followed totalitarianism like USSR and China, it is very difficult to say anything in the media which is against the Government. Almost everything that was said against the Government was censored for the fear of a revolution.

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"SEXUALLY TRANSMITTED DISEASE: GROUND OF DIVORCE IN HINDU MARRIAGE ACT, 1955"

Navshesh Bikram Kshetri [IIIrd Year, Institute of Law, Nirma University]

As we all are aware that Indian society is a complex society where personal law are having a lot of emphases. In a country like India, every religion whether Hindu, Muslims, Christians and Parsis etc., are governed by their own personal laws. The reason behind it was that India is a secular country where the people having same laws which is applied according to the rights provided under the constitution of India.

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BONDS: EVERYTHING YOU WANT TO KNOW

Ruhi Agarwal [Chartered Accountant]

All you need to know about Bonds

Bonds are issued by public authorities, credit institutions, companies and supranational institutions in the primary markets. The most common process for issuing bonds is through underwriting.

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COLORS OF JOY!

Megha Saraogi [Student]

In darkness can be seen light, in light can be seen the reason to smile.
In smile is there serenity, a comfort walking for miles.
These are colors of joy, of love and cry, a life full of festivities,
They turn the complicated into what’s beautiful, a life worthwhile.

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TAX CLARIFICATIONS FOR YOUR MULTIPLE HOUSE PROPERTY INVESTMENTS

Chenoy Ceil [Associate]

If you are wondering how many residential properties you can own? Well, legally speaking, there are no restrictions on owning more than one house property. Today, owning multiple house properties is fast catching up with the urban population and thus the various tax implications need to be necessarily analyzed to keep tax related worries at bay. Generally, the requirement for another house arises when we want to reside in one property and lent out the other property, or when we have to reside in a rented property at another location on account of employment/business.

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AAVEDNA AUGUST 2012

Saikat Chaudhuri [Associate]

New developments in the Hindu marriage act- irretrievable breakdown of marriage as a new ground. (In simple language irretrievable breakdown of marriage means a situation when either or both spouses no longer are able or willing to live with each other, thereby destroying their Husband- Wife relationship with no hope of resumption of spousal duties.)

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JULY AAVEDNA

Marriage is an institution in the maintenance of which the public at large is deeply interested. It is the foundation of the family and in turn of the society without which no civilization can exist. In India, marriage constitutes the very basis of the social organization.

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ABIDE BY LAW ? AVOID ITS INTENTION

Suresh Bhutra [Service Tax Consultant, LLB]

Background

The Central Board of Excise & Customs has issued a Circular bearing No. 138/07/2011-Service Tax – [during the month* of] May 2011 in relation to a sub contractor’s obligation to pay Service Tax for the specified services provided by him which being infrastructure related are exempted on the hand of a main contractor rendering the Works Contract Services as specified under Section 65 (105) (zzzza) of The Finance Act, 1994.

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FACTS, NOT FICTION MAKE THE POINT

Suresh Bhutra [Service Tax Consultant, LLB]

The Point of Taxation Rules, 2011 [PTR] which determine the ‘point of time’ when Service Tax liability arises, have been enacted to facilitate a smooth passage into the proposed Goods & Service Tax [GST] regime, albeit it is only one of the various prerequisites of the same. The landmark provision, effective since 1st July 2011, marks the departure from receipt based liability era of Service Tax payment. PTR, although conceived to be a progressive step, has raised many issues due to its fictional features.

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SERVICE TAX ? CURRENT ISSUES

Suresh Bhutra [Service Tax Consultant, LLB]

The Finance Act 2011 is a landmark in the arena of Service Tax considering the major changes enacted by it yielding far reaching impacts, particularly on the front of incidence of tax liability and Cenvat Credit.

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FROM APATHY TO SYMPATHY: A CALL FOR THE STRICT IMPLEMENTATION OF THE JUVENILE JUSTICE (CARE AND PROTECTION) ACT, 2000

Arunav Guha Roy [III Year, National Law University, Delhi]

The Supreme Court recently in Sampurna Behura v UOI ordered all the states to set up juvenile police units to deal exclusively with juvenile delinquents and called for a strict implementation of the Juvenile Justice Act, 2000.

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KEY FEATURES OF THE LAND ACQUISITION AND REHABILITATION AND RESETTLEMENT BILL, 2011

Arunav Guha Roy [III Year, National Law University, Delhi]

The Land Acquisition and Rehabilitation and Resettlement Bill, 2011 is a proposed legislation to regulate land acquisition and subsequent rehabilitation by the government for development projects in India. It aims to replace the Land Acquisition Act, 1894 in order to incorporate the wider concerns of rehabilitation and resettlement of the displaced population which the present bill fails to do.

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PUBLIC PRIVATE PARTNERSHIPS: A SOLUTION TO THE NATION?S HOUSING DILEMMA

Arunav Guha Roy [III Year, National Law University, Delhi]

Public Private Partnerships (PPP) refer to a business venture which is funded and operated through a partnership of government and one or more private sector companies. Such ventures contain great potential to provide housing for countless families in an country where the government is hard pressed for time as well as finances and allow affordable housing to be built without sacrificing on its quality.

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OUTBOUND DIRECT INVESTMENT UNDER FEMA REGULATIONS

Apoorv Karmakar [B.A. LLB. Associate]

The Foreign Exchange Management Act (FEMA), which substituted the Foreign Exchange Regulation Act with effect from June 1, 2000, sought to change the role of Reserve Bank of India (RBI) from being a regulator to a facilitator of cross border trade and business.

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MEDIA OBSESSION WITH CELEBRITIES

Shilpi Das [3rd year Communicative English (Major), Ashutosh College Intern at SSER]

The Indian National Press was undisputedly the backbone of the freedom struggle for independence. The historical importance and prestige it enjoyed in the society are linked to the awareness and creation of public opinion.

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STRUGGLE FOR FREEDOM: STATE OF INDIAN DOCUMENTARIES

Sagar Sharma [Researcher at SSER]

Films are not only a piece of art but also a tool of social reform, expressing the feelings and ideas of contemporary society. It reflects the changing scenario of politics and economy of any country.
Realism in India was influenced by a combination of Indian Theatre (Sanskrit drama) and Indian Literature, and also foreign influences; more by European cinema rather than Hollywood.

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JUSTICE DELAYED IS JUSTICE DENIED - CHAPTER II

Mr. Amit Kumar Nag [LLB, University of Calcutta; MBA in Personnel Management]

More factors contributing to mounting of pending cases:

Though the people filing cases are fully aware of the fact that there is no merit in the cases, still cases are fought. Such decisions are taken by officers, who are not bothered about the consequences of filing such an appeal, in a routine manner.

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REAL ESTATE SECTOR IN INDIA: AN OUTLOOK

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

REAL estate is an immovable property that includes both land and the permanently stalled thing on the land like buildings, etc. In fact, real estate is very much similar to real property but different from personal property.

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THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

Mrs. Anju Bansal [LLB, University of Mumbai]

Introduction

Domestic violence is an abuse which manifests itself when a spouse or a family member violates another physically or psychologically. The term domestic violence is normally used for violence between husband and wife but also encompasses live-in relationships and other members of families who live together.

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INVESTMENT OPPORTUNITIES IN MAURITIUS

Piyush Meharia [B.A. LLB. Senior Associate]

Mauritius is considered one of the developed economies in semi urban Africa. Mauritius is an independent and sovereign country with a population of 1.2 million inhabitants, who are bilingual in French and English.

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JUSTICE DELAYED IS JUSTICE DENIED

Mr. Amit Kumar Nag [LLB, University of Calcutta; MBA in Personnel Management]

Here at SSER, we have put our heads into the thoughts, gone deep into the predicament and have analyzed the issues. The following few lines is our endeavour to highlight the essential issues and their implication related to the matter. We expect this Article from the research team of our law firm will reach out to the parlor of common man those who are directly or indirectly connected with the issues and for whom our Legal Research Service is extended.

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GLOBALIZATION V/S NATIONALIZATION

Varsha Saha [B.A. LLB, LLM (University College London) Associate]

Since its inception, the concept of globalization has inspired several competing interpretations and definitions. As per the Oxford English Dictionary, the term ‘globalization’ was first employed in a 1930 publication known as “Towards New Education,” to denote a holistic view of human experience in education.

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FORGET TAX RETURNS

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

Government to Tax the Income from the Post Office Savings Account

The Central Board of Direct Taxes (CBDT) has imposed taxes on the interest generated from the Post Office Savings schemes vide NOTIFICATION NO. 32/2011, dated 03.06.2011. The Post Office Schemes were originally promoted to instill the habit of saving money among the people of the lower Income Group allowing them to hoard small amounts. However, this gradually became an avenue for the rich to make an easy investment.

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INCOME FROM POST OFFICE SAVINGS - TAXED

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

Government to Tax the Income from the Post Office Savings Account

The Central Board of Direct Taxes (CBDT) has imposed taxes on the interest generated from the Post Office Savings schemes vide NOTIFICATION NO. 32/2011, dated 03.06.2011. The Post Office Schemes were originally promoted to instill the habit of saving money among the people of the lower Income Group allowing them to hoard small amounts. However, this gradually became an avenue for the rich to make an easy investment. With the introduction of a recent circular by CBDT, savings of the Higher Income Group with the post offices will now come under taxable folds.

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CHILD AND HUMAN TRAFFICKING

Piyush Meharia [B.A. LLB. Senior Associate]

The United Nations define human trafficking as “The recruitment, transportation, transfer, harboring or receipt of persons, by means of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.

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LOKPAL BILL

Varsha Saha [B.A. LLB, LLM (University College London) Associate]

Here at SSER, we have put our heads into thoughts, gone deep into the predicament and have analyzed the issues. The following few lines is our endeavor to highlight the essential issues and their implications related to the matter. We expect this Article will reach to the parlor of common man, those who are directly or indirectly connected with the issues and for whom our Legal Research Service is extended.

For more such updates, you can follow us on Facebook, Twitter or subscribe to our journal Aavedna.

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About MCO Legals

MCO Legals, a division of Meharia & Company Advisors LLP provides complete legal solution with its extensive legal research, innovative approach and a commitment to provide quality and efficient services to its clients. The contribution made by the Firm, makes it one of the leading law firms with branches at New Delhi, Kolkata and Mumbai.

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