Legal Articles - Year 2006

Human Rights Violations-'An Anathema To Society': Almost everyday there are chilling instances of violence, ethnic cleansing, heinous torture, child abuse, man slaughter and several other human rights violations.

Violence against women: This research paper introduces the discussion of legal responses to violence against women. It provides the context for the more detailed examination of those legal issues to which the courts can respond

Advance Ruling Under Vat Acts: A major tax payer friendly initiative in the shape of Advance Ruling has been taken by the State of Haryana in its VAT Act. Many other States like Karnataka and Maharashtra

Corruption: What came first---- the egg or the chicken! The answer is rather illusive. It's more of anxiety for scientist and not for any common individual; even its answers are not

Torture, Terrorism & Police: His Constitutional right cannot be abridged except in the manner permitted by law, though in the very nature of things there would be qualitative difference in the method of,.....By Durga Shankar Mishra & Gayatri Mishra

Tape Recorded Conversation: The phenomenon of tendering tape recorded conversation before law courts as evidence, particularly in cases arising under the Prevention of Corruption.,.....By Vidhan Maheshwari

Evaluating Trade Secrets Under The IPR Paradigm: Ideas and knowledge form the quintessential of trade in modern times. The value of a new product lies in the amount of invention, innovation, research, design.,.....By Gaurav Wahie

Are Trade, Commerce and Intercourse Free: The constitution makers desired to promote free flow of trade and commerce in India as they fully realized that economic unity and integration of the country provided,.....By Raghvendra Singh Raghuvanshi

Internet telephony and related Issues: The focus of the article is to examine the impact of the proposed Communications Convergence Bill on e-commerce. The ambit of the paper is restricted to internet telephony.,.....By Dhruv Madan

Taxation For E-Commerce- A Global Perspective: he development of electronic commerce (herein after referred to as EC) can be said to be the greatest event in the history of mankind, next only.,.....By Saurabh Bagaria

Spam: Spamming is truly the scourge of the Information Age. This problem has become so widespread that it has begun to burden our information infrastructure. Entire new networks.,.....By Rahul Donde

Austianinan Concept Of Sovereignty: Various dicta in New Testament express the thought that the supreme power actually has received divine sanction by being permitted to prevail, that it has a rightful claim to obedience..,.....By Monika Saroha

Supreme Court the Final Pedestal of Justice: Supreme Court of India has interpreted a very important provision in the Constitution of India which is Article 21 which provides for Right to Life and Personal Liberty.,.....By Jayeeta & Prashant Singh

Right to Information: Freedom of Information Bill 2000 was introduced in the parliament on 25th July 2000, there have been earlier instances where a proposition of the similar subject has been moved into the house.,.....By Abhinav Srivastava

Rights Of Second Wife: Second marriage, during the subsistence of the first marriage, is illegal in India and the relationship arising from the same does not have any validity.,.....By Varun Shivhare

Corporal Punishment: The child is father of an adult. The child is an abridged adult with rights which cannot be abridged. The Child is a person for all practical purposes.,.....By Prof. Maadabhushi Sridhar

Privatization Of The Oil Sector: With each passing day economies are becoming much more complex and competitive. To progress in such times, indeed newer techniques have to be evolved,.....By Rajat Sharma

Healthcare For Prisoners: People believe that prisoners are sent to prison as punishment, and not for punishment. This implies that the loss of an individuals right to liberty is enforced by containment,.....By Madhu Tyagi

Medical Termination of Pregnancy Act, 1971: Abortion, a subject often discussed in medico-legal circles, interims various streams of thoughts and multiple discipline, like theology,.....By Kriti Dwivedi

Repeal Of POTA: On 26 March 2002, the controversial anti-terror law, the Prevention of Terrorism Act (POTA) was passed with 425 votes for the Act and 296 against, after a 10-hour debate in the parliament......By Sachin Mehta

Politics Of Constitutional Amendments In India: The Constitution of India is the supreme law of the land, which is fundamental in the governance of India. The Constitution of India was enacted on 26th November, 1949.....By Deepika Bansal

Revocation of power of attorney - analysis of the judicial trend: This paper critically analyzes the legal provisions and case laws pertaining to revocation of a power of attorney. revocation of power of attorney......By Monika Saroha

Personal Injury: Personal injury cases are brought about by physical injury or mental anguish caused by actions or negligence of another party. Personal Injury cases.....By Aditi Sambhar

Problems facing Public Interest Litigation in India: At the time of independence , court procedure was drawn from the Anglo-Saxon system of jurisprudence. The bulk of citizens were unaware of their legal rights......By Geetanjali Jha

Patent Regime And Right To Health: Indira Gandhi declared India's policy when she said, "idea of a better world is one in which medical discoveries would be free from patent and there will be no profiteering from life and death......By Prachi Pallavi

Patenting Of Medicines: A global health crisis is at hand. Millions of people die each year from infectious diseases that are treatable and preventable in many cases. The death toll is unacceptably high in developing......By Gaurav & Siddhartha

Outsourcing: There is a long list of other such things that those free market capitalists should be looking for that are key elements of a genuinely free market system, amongst them......By Subhashis Kundu

Open Government and the Right to Information: One of the most neglected rights in democracies throughout the world is the Right to Information, which though, being one of the most cherished human rights......By Abhimanyu Ghosh

Multimedia: s a term of complex meanings and divergent definitions within the business community. The computer industry has one definition......By Sidharth Chopra

The Admissibility In A Court Of Law Of ‘Illegally’ Obtained Evidence And The Right To Privacy: Listening into telephone conversations by third parties is as old as telephony itself. The contentious issue of telephone......By Rohan Menon

Miscarriage of Fast Track Justice: he comment of Justice A.S. Anand, former Chief Justice of India and Chairman National Human Rights Commission that the acquittal decision in Best Bakery trial.......By Dr.Madabhushi Sridhar

Managing Intellectual property: Idea imbibed from the intellectual capacity of human brain that is manifested having recognised legal claim to ownership is Intellectual Property Right.......By Anumoni Joshi

Legal Position Of Managing Director: A managing director, as defined in Section 2(26), means a director who is encrusted with substantial powers of management which would not otherwise be exercisable by him.......By Sidharth Chopra

Intricacies In An International Transaction By 'Letter Of Credit': Documentary letters of credit or documentary drafts are often used to protect the interests of both buyer and seller. These two methods require that.......By Raghvendra Singh Raghuvanshi

Bankers Right to lien and set off: A lien is the right of a creditor in possession of goods, securities or any other assets belonging to the debtor to retain them until the debt is repaid.......By Antara Dasgupta

Right To Strike- A Legitimate Illegality: Widely known for patronizing democratic human rights and upholding their sacrosanct position, the apex court seems to be fascinated towards.......By Srinivas medisetty

Minority Rights: Who are the persons of inherence of the rights under Article 30 of the Indian Constitution? This right secures to religious and linguistic minorities a right........By Varun Shivhare

Liability Of Internet Service Providers For Copyright Infringement On The Internet: U.S. Vis--Vis Indian Position: The advent of Internet has raised many unprecedented issues that do not find express.........By Subhrarag Mukherjee

Iranian Legal System: ranian legal system, before the Islamic Revolution and also after it, the Constitution and ordinary laws have explicitly emphasized the observance of the.........By Dr. Mohammad Ja'far Habibzadeh & Seyed Doraid Mousavi Mojab

Outward Transit Insurance - Whether Part Of Taxable Sale Price: The Contract of sale can either be Ex works contract or F.O.R contracts. Further F.O.R contracts of sale can either be F.O.R destination i.e customer godown..........By  Sanjeev Malhotra

Need For Incorporation Of Business: Hundreds of commercial companies emerged in Britain in the 300-year long era of the charter company that commenced from the end of the 14th century and ended..........By  Ashwini Chawla

Importance Of Intellectual Property Rights: God gifted a wonderful thing called Brain to Man and Mother Nature endowed him with the abundant physical and biological resources on the earth...........By  Abhishek Joshi

Homosexuality: People who refuse to fit every expression of their sexuality under one homogeneous umbrella to satisfy society. People who reaffirm their rejection of a singular identity ...........By  Tulika Srivastava

Globalisation and Legal Profession: The phenomenon that the degree of global human interaction increases to such an extent that both its primary effects and the reactions it provokes gives rise to numerous...........By  Shruti  & Aviral

Global Governance In A Globalizing World: Globalization today is not working for many in the world. To some, the answer is, Abandon Globalization. However, realistically this is neither feasible nor desirable...........By  Joel D'Silva

Legality Of Foreign Judgments: The article/paper aims to study the binding nature of the foreign judgments i.e. judgments given by the courts in foreign countries and the scope and object of section 13 of C.P.C...........By  Raghvendra Singh Raghuvanshi

Film Insurance In India: This paper is aimed at understanding the film insurance in India. The paper is an attempt to trace the development of film insurance in India and the response of producers and insurance companies..........By  Anurag Dwivedi

Electronic Contract: traditional notion of contract formation, negotiating parties must come to a "meeting of the minds" on the terms of an agreement. In the course of negotiation, there may be invitations to make offers.........By  Varun Shivhare

Can Death Penalty be Ever Justified: An execution is a violent public spectacle of an official homicide and one that endorses killing to solve social problems and is probably the worst example of citizenry.........By  Aditya Periwal

The ethics of DNA Patenting: The study of biology was radically transformed by the discovery of the double helical structure of DNA, which is the genetic material of living organisms .........By  Anurag Dwivedi

Director's Liability: Director’s liability arises because of their position as agents or officers of the Company as also for being in the position of trustees or having fiduciary relation with the Company or its shareholders.........By  Soma Dhawal

Right to die: In the advent of delving into what has unfurled into one of the most controversial issues that could have tremendous ramifications on.........By  Spiti Sarkar

Public Opinion And Democracy: The origin of term 'public opinion' is shrouded in obscurity. The Greeks and the Romans used parallel expressions. The Romans, however.........By  Varun Shivhare

Defamation in Cyber Space: he Internet is a cheap, fast means of international communication of text, sound or image. In other words, an information resource without political.........By  Neha Rai and Reuben George Chacko

Death Sentence: Death sentence of Dhananjay Chaterjee was executed on 14th August 2004, and he was hanged till death, after affirmation by the Supreme Court and rejection of his mercy Petition by the Hon'ble president.........By  Adv.Arjun Garg

Doctrine Of Constitutional Tort :The question of tortuous liability of State has raised many interesting debates in juridical arena. In India, there is no legislation, which governs the liability of the State........By  Rakesh Kumar

Cyber Hacking: The media has played a major role and has its hands behind this creation of negative connotation of the word 'hacker'........By  Abhishek Jaiswal

Cyber Crime: The first recorded cyber crime took place in the year 1820! That is not surprising considering the fact that the abacus, which is thought to be the earliest form of a computer, has been around since 3500 B.C. in India........By  Tarun

Analysing Section 144, CrPC: Under the Criminal Procedure Code (hereinafter the Code) wide powers have been conferred on an Executive Magistrate to deal with emergent situations........By  Chinmayee Prasad

Criminal cartel offences in United Kingdom: A ‘cartel’ is basically, a union of producers, distributors, sellers, service providers or traders, who by contracts between themselves try to control the production, distribution........By  Neeti Suri

Capital Punishment for Rape: The rarest of the rare principal embodied by the S.C. of India in the case of Bachan Singh vs. State of Punjab in giving of capital punishment seems to have been applied only when........By  Shweta  & Geetanjali

Corporate Insolvency Laws In India: In the year 1999, the Government of India set up a High Level Committee headed by Justice V.B. Balakrishna Eradi, a superannuated Judge of Supreme Court of India for remodeling........By  Rohan Bagai

Bhopal Gas Tragedy: Union Carbide India Limited's plant at Bhopal designed by its majority holding company union carbide corporation was set up as a formulation factory for UCC's Sevin pesticide........By  Priyanka Kher

Child Labour In India: The Rights Of The Child, which was termed by the general assembly president Joseph N.Garba as a binding piece of international legislation.........By  Sachin Mehta

Child Labour-Tackling The Problem: In a civilized society the importance of child cannot be over emphasized, because the welfare of the entire community, its growth and development, depends.......By  Raghvendra Singh Raghuvanshi

Minority Rights - Christian missionaries in India: It is well known that the standard of Christian missionary educational institutions was by and large higher.......By  Varun Shivhare

Child Labour: Child Labor applies to the practice of employing young children in factories, now used to denote the employment of minors generally.......By  Aditi

Right To Property And Maintenance Of Muslim And Christian Illegitimate Children: As the rich heritage and traditional values of the Muslim and Christian society have succeeded in preserving the restraints on sexual relations.....By  Jay Parikh

Conditions Implied and Express: Sale of Goods Act is one of very old mercantile law. Sale of Goods is one of the special types of Contract. Initially, this was part of Indian Contract Act itself in chapter VII.....By  Sandeep Bordoloi

Rationale Of Copyright Protection: Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings.....By  Sidharth Chopra

Censorship Of Video Games: Over the last few years, governments around the world have been firing shots across the bow of the Interactive Video Game Industry.......By  Piya Bose

Canons of Taxation: The expense of government to the individuals of a great nation is like the expense of management to the joint tenants of a great estate, who are all obliged to contribute.......By  Aashish Srivastava

Nature Of The Indian Constitution: The Constitution of India is not an end but a means to an end, not mere democracy as a political project but a socio-juridical process which opens.......By  Shubhangi Pathak

Bio-Diversity And The Challenges: The concept of biodiversity had its origin in mid 1980 though the earth and the evolution processes are very ancient phenomenon.......By  Kriti Dwivedi

Disaster Of Bhopal: The age of mass torts arrived with Bhopal Gas Tragedy unveiling the environmental disasters with toxic invasions, and unfortunately, it continues.......By  Dr. Madabhushi Sridhar

Violation of UDHR: Man is the most accomplished of all creatures of our universe. He is so immeasurably admirable in his faculties of thought, action and reason that Shakespeare.......By  Jay Parikh

Fiduciary Duty Of An Auditor: The Companies Act, 1956 requires that every balance sheet and profit and loss account of a company should give a true and fair view.......By  Upasana Rao

Law And Animals: Every day Krupa Animal Help line gets distress calls from people who want to know what to do if they see an animal being maltreated.......By  N.G. Jayasimha

Inter country Adoption: Adoption can be defined as the statutory process of terminating a child's legal rights and duties towards the natural parents and substituting similar rights and duties towards adoptive parents.......By  Soura Subha Ghosh

Non Performance Of Non-Performing Assets: Banking sector reforms in India has progressed promptly on aspects like interest rate deregulation, reduction in statutory reserve requirements.......By  Subhashis Kundu

X Vs Z on AIDS: The Appellants blood was to be transfused to another and therefore a sample thereof was taken at the Respondents Hospital.......By  Adv.Anupam Tripathi

Can Independent Non-Executive Directors Become the Directing Mind And Will Of The Corporation: The board of a company comprises of executive and non-executive directors......By  Pawan Agarwalla