A Company is a juristic person or a separate legal entity, in the eyes of law and it runs it business with the help of the directors, who standing in a fiduciary relationship with the company, has its mind and will. Like other forms of business such as Partnership, Sole Proprietorship etc, a Company, amongst other things, requires capital in order to run its business. In the words of most prominent Company Jurists and Economists as a Company exists in the society to make profits and nothing more and so by this type of interpretation of the existence of a Company, capital becomes all the more important. But then the question arises as to where from the Company would get its capital to run its business in a smooth manner, the answer to that quite evidently is “Public Deposi”which in its simplest terms means to get money from the public or to put it in the terms of business it means an arrangement between the company and the public whereby the public entrusts the money with the money, with a view to get profits in return. The Companies Act, 2013 read with the Companies (Acceptance of Deposit) Rules, 2014 regulates the manner in which a Company can accept deposits from the public. At this juncture it is indispensible to mention that under the Indian Company Law regime only a Public Company is eligible to invite deposits from the public, and such companies as generally under the heavy scrutiny of the MCA and SEBI as Public Money is involves. The Companies Act, 2013 read with the Companies (Acceptance of Deposit) Rules, 2014 allows a company not only to accept deposits from the public, but also allow it to accept it from its members. This paper would elaborate and analyze both situations. A Company may accept funds from public in various ways and forms such as by issuing of shares in its various forms such as equity shares, preference shares etc., by issuing Debentures in different forms such as convertible and non-convertible debentures etc. this paper would discuss and analyze the forms of deposits as a source of fund a company can accepts and its effect on the Capital Structure of the Company and also how it affects the company in the long run in running its business.
Volume 3, Issue 1 / 2021
Articles · 44
Company law across the globe is a result of centuries of evolution. From times of the East India Company to the contemporary world, the laws and mechanisms pertaining to corporate law are a direct consequence of the Industrial Revolution in Britain. Given the entire history of corporations in Britain, this paper lays down the reason behind the emergence of the concept of a separate and stringent internal management model of companies in the first place. In view of the same, this paper shall focus on the aspect as to how the British model of minimum judicial intervention into internal matters of a company has been affecting the rights of shareholders largely, globally. This has been a common occurrence since Britain has been one of the most influential countries in the era of amped up privatization and following the similar road, many developing countries like India also have fallen prey to loopholes of the current corporate law. This paper shall also discuss the rights of minority shareholders of a company and their concerns due to minimal interference by courts at times of violation due to internal management of the company. Finally, the paper shall also shed light as to how the past cases concerning this tussle of intervention between the courts and companies has shaped many current trends of the corporate sector. The paper is essentially a study to comprehend the latest trends of company law and their impact on corporates around the world.
Keywords: internal management, corporate, judicial intervention, minority shareholders.
The provision of anticipatory bail is one which does not exist within statues, but rather within judicial practice. The idea for this originated in the 41st Report of the Law Commission. The reason for an accused to be detained is due to the harm they might cause or that they might try to escape. It is without reason to keep an accused in jail, who has little to no chance of escaping the country and causing any harm. Another major reason for the granting of anticipatory bail is due to false allegations that may be levied to important members of society. This is done to undermine them using the stigma around being sent to jail. This provision acts in a manner that it is valid during the time of the arrest.
This paper looks into the different faucets of anticipatory bail. The paper looks into the relevant legal provisions regarding anticipatory bail and analyses the statutory authority. The recent judgement of the Supreme Court and the developing jurisprudence on the subject has been analyzed.
Corporations play a significant role in the economy of a country, creating employment opportunities and affecting the standard of life of the people. They are a very influential segment of a country and so it is important to hold them accountable for misconduct. Even so, activities undertaken by major corporations often lead to extreme environmental harm. The researcher believes is imperative to hold corporations criminally liable for environmental damage.
In lieu of the same, the researcher firstly explains the concept of corporate criminal liability and the theories providing a theoretical justification for the same. Secondly, seeks to understand the drawbacks in the current system of corporate criminal liability with respect to environmental crimes and provide solutions to fills the gaps in law and its implementation.
Keywords: Corporate Criminal Liability, Environmental Crimes, Administrative Sanctions
Euthanasia, also called mercy killing, act or practice of painlessly putting to death persons suffering from painful and incurable disease or incapacitating physical disorder or allowing them to die by withholding treatment or withdrawing artificial life-support measures. Because there is no specific provision for it in most legal systems, it is usually regarded as either suicide(if performed by the patient himself) or murder (if performed by another). Physicians may, however, lawfully decide not to prolong life in cases of extreme suffering, and they may administer drugs to relieve pain even if this shortens the patient’s life. In the late 20th century, several European countries had special provisions in their criminal codes for lenient sentencing and the consideration of extenuating circumstances in prosecutions for euthanasia.
The concept of rights is embodying in the idea that man as a free individual is empowered with reason and conscience capable of carrying out moral and free choices. Every human aspires to be treated with dignity, to express and voice out their opinion, to associate with whom they want to, to choose their representatives in the government, to worship and practice their religious beliefs how, when and where they want to.
To endown a man with the right to choose one’s own path of life is the fundamental advantage man has among all the other creatures in the world. This right of choice has been recognized as a fundamental right under Article 21 of the Indian Constitution, this right was reinforced in the case of CA Thomas V. Union of India. It is also suggested that the value of life as so perceived is lessened not by a decision to refuse treatment, but by the failure to allow a human being the right of choice. A fundamental concept that defines the essence of Article 21 is the right to live with dignity and right to personal liberty. Although right to choose is a subset of the right to life and personal liberty, there has been a long-standing conflict between the right to choose and right to life with respect to active and passive euthanasia.
This paper aims at presenting a liberal idea of the marriage of the two concepts of right to choose and right to life with respect to active and passive euthanasia, also commenting on the various ideologies by jurists on right to die and no right to die. It also aims at representing the right to live out life with dignity and chose when to artificially absolve an individual from the suffering of natural and unavoidable death of individuals on their own terms. This article also addresses the ‘ vitalism ‘ principle which is adopted by the state and how this principle fundamentally fails in paying attention to the truly vulnerable persons at the ‘margins of existence’ who are incapable of ending their lives because of mental incompetence or physical disability are unjustly pre-empted from availing the right to die in its plenary form.
The purpose of this paper will be to provide suggestions on how the law on active euthanasia can be drafted while also addressing the downfalls of this subject. It goes without saying this process is subject to many personal corruptions which have to be addressed by the authority before approving the procedure. This paper only deals with the will of an individual and respecting their decision to end their lives with dignity and not subject them to the an artificially prolonged life.
The following observations and findings are supported through a doctrinal research using well established articles, ratio of different cases, obiter of different justices and the jurisprudence behind the concept of individuals right to choose.
The right holder’s wishes or choice to live or die in a situation of inevitable death and suffering has its moral ups and downs, but as Lord Browne-Wilkinson stated “ …how can it be lawful to allow a patient to die slowly, through painlessly, over a period of weeks from lack of food but unlawful to produce his immediate death by a lethal injection…” the concept of active euthanasia is not killing a man because he wants to die, it is upholding a mans right not to be left to die by suffering to an inevitable end.
The freedom of speech is considered as the first condition of liberty. Freedom of speech and expression means the right to express one’s own conviction and opinion freely by words of mouth, writing or any mode. The person have the right to express their thought, their view, their idea especially without fear of punishment freedom of speech is guaranteed not by the constitution only but also by various international convection like universal declaration of human right, European convention on human right
Article 19 (1) (a) of the constitution of India provides and guarantees to all its citizen the right of Freedom of speech and expression. whereas article 19(2) allow for reasonable restriction to be imposed on all fundamental right including that of freedom to speech and expression. the preamble of Constitution provides liberty to all its citizens. Preamble of Constitution itself ensure to all citizen liberty of thought, expression, belief, faith and worship. In Romesh Thappar Versus Union of India Justice Patanjali has rightfully held that 19(1) is the very basic and essence of the constitution and our democracy reasonable restriction, however he noted should be such that other rights should not be effected by the act of one man
Through this Article it can be easily concluded that right to freedom of Speech and Expression is one of the important fundamental right. It gives us to power to put over thought, our point, our ideas forward this fundamental right gives us immense power but not in the case if it hurt sentiments and morality of others.
The paper is premised on Indian Constitutional Law. It analyses the various provisions of the infamous agricultural laws through the lens of the basic structure doctrine by comprehensively scrutinizing the nature of the basic structure doctrine. In particular, federalism and the right to judicial review are the two principles of the basic structure doctrine which have been thoroughly scrutinized and relied upon. It further elucidates the requirements of the extraordinary test of arbitrariness, thereby explaining its functionality on the impugned laws. It elucidates how the right to appeal and the right to institute a suit, albeit not expressly contained in the ambit of the right to judicial review under Article 32, are protected by attaching a special test of the arbitrariness of legislation. The paper concludes that the impugned laws are ultra vires the basic structure of the Constitution of not one, but two principles embodied in the doctrine namely, federalism and the right to judicial review.
“The development of full artificial intelligence could spell the end of the human race. It would take off on its own, and re-design itself at an ever-increasing rate," warned Stephan Hawking. What makes artificial intelligence superior to programs, is its ability to learn off of interactions and pre-existing data. This means that AI is capable of creating.
Copyright claims are often raised regarding the theft of art and understanding the difference between stolen work and inspired/derivative work is important. The incident of GANBreeder threw some light on the same where an AI created artworks not identical but extremely similar to that of other artists. It arose controversy as the original artists were enraged about the stolen artwork. Not all art created by AI had such striking similarities.
The intellectual property rights of the original creator can be at stake in cases of AI-generated artwork when one is unable to determine who the copyright belongs to. The AI does not have copyrights but if it has created artwork autonomously, how would its right, if any, be protected? And if the AI is given copyright, is there a violation of the rights of the developer or the user?
This paper will delve into the essentials to receive copyright and if AI-generated artwork would constitute under it. It will analyse the incident with GANBreeder where the AI-generated derivative/stolen works and explore the different approaches. This paper seeks to establish that AI can autonomously create artwork but cannot receive copyright despite fulfilling the essentials.
Keywords: Artificial Intelligence, Intellectual Property Rights, Copyright, Art by AI, GANBreeder.
The final judicial power to review and determine the application of a law or order may be defined as the power of the “Judicial Review”. In India we follow the rule of law which means that the Constitution is the supreme law of the land and any law that goes against it shall not apply. Judicial review means "the power of the court to inquire whether the law governing it or any other legal act is contrary to the written Constitution and if the court concludes that it does so, it means that it is unconstitutional and ineffective." It is the power found in the national courts to scrutinize the legislatures, administrative and administrative arms of government and to ensure that such actions are in accordance with the provisions of the Constitution of the country. Judicial review Refers to the judiciary's ability to interpret the Constitution and promulgate any such law or order of the legislature or executive. Legal review has two important functions, such as legalizing government action; constitutional protection from any unjustified harassment by the state. The Constitutions of most parliamentary democracies provide an unambiguous legal review, a process that allows a specified number of Parliamentarians to initiate legal reviews against the law in the absence of a valid case. The major conclusion is that the most important results of the invisible review are inaccurate and anticipated. In addition, the ambiguous review results in much more legal proposals than expected in your absence. Finally, the model reveals that such a balance is based on the level of sentencing in the legislature. Surprisingly, an impartial court will be placed in a lower court, even though its impact on policy is great.
The role of women in industries has risen, especially post-independence. Prior to that, women would usually be restricted to the work inside the house. However, in today’s time, there is a significant rise in the number of women who are working outside the house and are employed in industries and factories, which is mainly male dominated. Due to this, there is a considerable gender inequality which leads to an imbalance in the social justice. One of the main reasons could be the low number of women employed as compared to men. Hence, it is crucial to bring the labour standards of women at par with that of men or confer upon the women some special standards in conformity with the Articles 14, 15, 16, 21, 39 and 43 of the Constitution of India . The same is also ensured by our lawmakers by enacting and implementing laws for equal pay, preventing sexual harassment at workplace, maternity benefits, etc. This paper will focus on the Indian laws which ensure and promote the standards for women as well as their interests under various labour laws.
Intellectual Property (hereinafter referred to as IP) has been regarded as an invaluable asset in the current commercialized economy and holds an indispensable place in commercial contracts. With a parallel boost in consequential IP litigation and the unfortunate stumbling blocks that the conventional judicial system in India faces, arbitration is recognized as an expedient and relatively efficient mode of dispute resolution in IP matters, owing to its adversarial yet party friendly approach. However, the conundrum is centered on the arbitrability of IP disputes which is hit by the enigma of IP disputes being a complex blend of rights in rem and personam, with the former being established as non- arbitrable and capable of being adjudicated only by the public fora. In addition, certain subject matters, though involving questions of private rights, are non- arbitrable owing to their implied statutory exclusion from the ambit of arbitration. This article exhaustively discusses the aforementioned impediments to arbitration of IP disputes in India and how a pro- arbitration stance in IP matters is a sine qua non of the current economic transition towards a commercialized society.
Keywords: Arbitrability, Intellectual Property, Right in Rem and Personam, Implied Exclusion, Public Policy, Vidya Drolia
The pandemic has interrupted our personal, financial and commercial transactions, by preventing the execution of normal activities even have the consequence on performance of contracts. Various terms and conditions were breached and terminated owing to the lockdown with strict rules and regulations all over India. It also led to frustration among the people who are held up with their cases in courts. Several studies and observations have been made to deal with the subject matter of the sale agreement cases. This is a non-doctrinal research which mainly focuses on pending case of District court of Kanchipuram and the judgement given by the judiciary in relevant cases which includes the equitable remedies namely specific performance, injunction that are available for the aggrieved party.
Keywords: Performance of contract, breach, terminated, sale agreement, equitable remedies, specific performance, Injunction.
This paper is a short prologue to ADR (Alternative Dispute Resolution) measures and their central standards. The prime purpose of this article is to make you understand in a very simple but effective way about the ADR and its mechanisms, how it works, about its applicability and the various different types options into it and how they function. It will let you know about the importance of the ADR that how pivotal role it plays in a vast paradigm and widely spread in the society and being quite famous in between people due to some of its highlighted features like a way to make a peaceful settlement additionally which saves the precious time and also reduces cost of both the parties and make all of them comfortable without any complicated long process of trial courts. This article has talked about its origin and how it got developed in the context of India, then further it will let you grasp your knowledge about different alternatives of ADR and how they are different from each other. Afterwards it will let you know about so many perks of it and some downside as well. It's an attempt to grasp your knowledge on this topic from every possible aspect and it will help you build your conceptual clarity..
Advertising is an important aspect of every business and with the increasing competition in today’s market, brands rely heavily on advertisement to gain consumer’s attention. Comparative advertising has become the most commonly used form of advertising to engage consumers in purchasing products of the advertiser who is indulged in this form of advertising. It works by outlining the comparison of different brands on variants like price, quality and other distinctive attributes. However, there is a thin line to cross to turn comparative advertising to product disparagement which is not permitted. Comparative advertising though an effective method to engage consumers, is the riskiest as it involves deliberately comparing a competitor’s product and sometimes also leads to treading on a competitor’s intellectual property right. Since there is no specific legislation regulating comparative advertising in India, the precedents set by courts are followed for matters arising in this regard. The Advertising Standards Council of India (ASCI) has developed a model to regulate the advertisements and along with this the Ministry of Consumer Affairs has also released the draft guidelines called Central Consumer Protection Authority (Prevention of Misleading Advertisements and necessary Due Diligence for Endorsement of Advertisements) (CCPA guidelines202) recently in August 2020 which will aim to curb misleading ads along with protection of consumers affected by such advertisements. Though comparative advertising increases awareness, there are high chances it may also lead to misleading advertisements. Also, in the process of comparative advertising many a times, brand steps into the realm of Trademark Infringement which is violation of the Intellectual Property rights. It becomes extremely difficult to judge whether the comparison of products portray the competitor’s product in negative light. In this paper we will discuss comparative advertising and the legal provisions related to it through Indian perspectives as well as the International perspective. Also, the paper focuses on the need for regulations to keep a check on comparative advertising for public interest keeping in mind interest of all stakeholders while pronouncing a decision on the same.
Keywords: Comparative advertising, Product disparagement, judicial precedents, Indian perspective, International perspective, CCPA guidelines 202..
Indian society has a unique character and the offences have its own peculiar nature, we come across heinous crimes of sexual harassment but most of it remains unnoticed by the society. The main reason behind the illiteracy rate reaching to the peaks is the laid back attitude of Indian society and the cultural lag which has been prevailing since ages and it has clearly given rise to sexual offenses.
“The Regulatory framework as well as operational procedures prescribed for depositories and participants, provide for a number of measures aimed at protecting investors’ interest within the Depository System.”[1]
A depository is an entity/ body which help an investor to sell or buy securities such as bonds and stocks in a paper-less manner. Securities in depository accounts are held and transacted in electronic mode. Here came the concept of dematerialization, where physical certificates are converted in electronic records. These are registered, operated and regulated under the supervision of SEBI (The Securities and Exchange Board of India).
Two depositories which are registered under SEBI are- National Securities Depositories Limited NSDL and Central Depository Service Limited (CDSL). The safety provided to the investor’s are 3 fold, Firstly, the technical safety of data is ensured. All transactions are absolutely safe as several built- in safety measures are taken up by the depositories to ensure complete security of the investor’s holdings. Secondly, security is provided in processing operation or regular transaction where a system of check and follow up is maintained in order to avoid any false/ fraudulent act against investors. Lastly, the investor’s own vigilance and awareness is appreciated and maintained. These precautions are generally suggested by NSDL for the benefits of account holder’s towards managing their Demat accounts.
[1] Vijay K. Gaba, Taxmann’s Depository Participants Law and Practice
Death penalty or Capital punishment is the harshest punishment in the Indian penal Code. No other punishment deters man so effectually from committing crimes as the punishment of death. The position of capital punishment did not change for more than 100 years. However, the trend in the direction of the abolition of capital punishment in many countries affected legislative as well as judicial thinking in India. The opinion of the Indian judiciary is that the death punishment is to be resorted to in the rarest of the rare cases. The current paper is an effort to analyze the reasonability as well as trends for abolition of death Punishment in India.
Keywords: Death penalty, Capital punishment, Indian Penal Code, Constitution of India
India’s emergence as one of the top five economies in the world made it one of the most preferred destinations for foreign investment in recent years. However, disturbances and uncertainties brought by the COVID-19 pandemic could give rise to a new wave of litigation.
Due to widespread economic distress, parties to such disputes may find themselves unable to bear the high costs of litigation or arbitration. India is but a cost-effective jurisdiction for litigation and dispute resolution.
Shortage of resources triggered by the COVID-19 pandemic has already made business operations for industries extremely onerous. Businesses are combating shrinking balance sheets and sudden reduction in the available credit. These factors could increase opportunities for litigation funding and for funders to help businesses pursue their litigation claims through the Third Party Funding route.
This article discusses on the emerging trend in litigation where third parties fund the litigants to bear the expenses incurred while conducting the litigation proceedings. Then the article highlights the complexities that are created when third party funding is opted by the litigants and further concludes by discussing the way forward.
Keywords: Third Party Funding, Legal financing agreement, Doctrines of maintenance and champerty, Public policy
The World Food Programme is the world’s largest humanitarian organisation addressing hunger and promoting food security. It won Nobel peace prize for 2020. The award was the recognition for its efforts to combat hunger, for its contribution to bettering conditions for peace in conflict-affected areas and for acting as a driving force in efforts to prevent the use of hunger as a weapon of war and conflict. The coronavirus pandemic has contributed to a strong upsurge in the number of victims of hunger in the world. In countries such as Yemen, the Democratic Republic of Congo, Nigeria, South Sudan and Burkina Faso, the combination of violent conflict and the pandemic has led to a dramatic rise in the number of people living on the brink of starvation. In the face of the pandemic, the World Food Programme has demonstrated an impressive ability to intensify its efforts. It the light of the event, the researcher tries to analyse the activities and the measures that has taken up by World Food Programme to reduce increasing rate of hunger during pandemic.
A Bilateral Investment Treaty is established through a formal agreement and sets out the terms and conditions for private investment between entities of two countries. The objective of BITs is to protect the investments made into the host country. Through imposing certain restrictions on the regulatory set up of the host country, BITs seek to protect the rights of the investor from any unreasonable interference. Beginning from November 25, 1959, when the first BIT was signed between Germany and Pakistan, till date, BITs have acted as a rather significant factor in shaping the foreign investment policy of many countries and the way investment and trade takes place amongst them.
This research concerns itself with the study and analysis of the Bilateral Investment Treaties, their growth and development through periods of economic and political instabilities and their impact on shaping the global economies such as Japan and France. The paper also focuses on the growth and development of BITs from the perspective of Indian economy, analysing important development in this regard and then proceeds to elaborate upon the outlook of the Courts, both domestic and International, in cases of dispute under such treaties.
At the onset of globalisation and economic liberalisation in 1998, the leaders of G8 had remarked that the phenomena of globalization carries with it the risk of a drastic increase in transnational crimes which impacts not only the peace and security of national citizens but poses a threat far greater; to the entire world as these transnational crimes have the potential to sabotage the very foundation of democracy on which the societies around the world rest. This is achieved through laundering of illegal money and corruption which ultimately leads to erosion of state machineries and deviation from rule of law. Criminal organizations are amongst the top benefiters from globalization. They have used this leap in extending their operation globally by criminalizing political activities as well as businesses and impairing law enforcement agencies.
Globalization and economic liberalization are unarguably the most consequential phenomenon of the 21st century. While the rewards of globalization and economic liberalisation are plenty, one must take a pause to introspect the price it comes with.
This paper aims to identify the role of globalization and economic liberalization in the field of transnational crimes with special focus on organized crimes. While methodically analysing the impacts, the article concludes by proposing measures required to combat these organized crimes..
The following short article focuses to enlighten the reader about the crucial principle in the field of forensic science which is known as law of individuality. The law primarily focuses on the individual character of any object or substance. Everything has an individual character. The traces and samples collected from the crime scene owes to the law of individuality for the discoveries made throughout the investigation. The article further describes the areas that are affected and which are living proves that substantiate this principle. These are trace evidences, finger prints, hair samples, forensic toxicology, administration of medicines, ballistics etc. Various sources such as the National Crime Records Bureau Report 2020, Bureau of Police Research and Development Report 2020 have been employed for research purpose of this article.
In 2019, a show-cause notice was given to textile manufacturer Raymond Ltd., which has been a trusted brand for many years, by the Securities and Exchange Board of India claiming several securities market breaches. Among several allegations, one that is the focus of this study is the failure on part of Raymond to obtain prior approvals from the auditing committee in respect of related party transactions and thereby violating provisions under c1ause 49 of listing agreement and SEBI (LODR) Regulations. Ultimately, the adjudicating officer fined the company a whooping 7 lakhs for the same. This paper intends to study and examine the Order issued by the officer on November, 19, 2020. For this purpose, the understanding of the term “Related Party Transactions” is crucial in order to fulfill the objective to identify the intention behind such decision passed. The study will be confined to and address Whether SEBI was correct to impose the fine on Raymond Limited for the alleged violations committed by it?, What are the reasons for the companies in India to resort to unethical practices on related party transactions?, Why are good practices followed by the companies in India to comply with the legal and regulatory framework?, and Does the current framework need any reforms or amendments for better corporate governance in the country? .
Corporate Social responsibility can be said to be a post-world war II phenomenon because that is when the philanthropy about business ethics began to be developed, and there was a lot of awareness within the public as well as the government because ultimately it was for the welfare of the people. This idea usually rests on a give and take concept. The Corporation takes resources from people hence it deserves to compensate the people. The origin and the development of this concept or rather the reason that the corporation should do work that benefits the society at large can be understood from the various theories about corporation such as artificial entity theory, real entity theory, and aggregate theory, which would be understood along with various theories of Corporate Social Responsibility. Since this whole policy is very nascent in the country there a few known factors that affect the implementation as well as the success rate of these policies. Issues such as transparency and lack of consensus over activities plague the corporates. The community as a whole also fails to participate in these activities mostly because of unawareness. Civil societies, if they are stronger in the Nation would aid in the strengthening of these policies and their application. Also factors such as management support, financial assistance and government as well as physical environment, stakeholder values, company’s internal policy, ethical practices and the probability views in relation to Corporate social responsibility and its implementation. The paper would look in the CSR committee policymaking and their implementations.
International commercial arbitration is a mechanism, rather an alternative method of resolving disputes ascending between private parties under international commercial contracts. Third-party funding (TPF), if not totally novel but relatively innovative phenomenon in international commercial arbitration. The notion of TPF is the fastest growing and highly deliberated contentious issue in the international commercial arbitration. TPF involves in an arbitration when a non-party, namely third-party funder to a dispute provides funding all or a portion of arbitration costs to one of the parties in return for a percentage of the amount recovered as previously agreed. In case the arbitral tribunal renders an adverse award against the funded party, the funder’s investment is lost. The funding generally covers legal fees including but not limited to, such as costs of lawyers, experts, outside counsels’ assistance, and any other expenses that maybe incurred by the claimants relating to the arbitration proceedings. The TPF funding institutions includes insurance companies, investment banks, hedge funds, and client’s attorney or law firms. The present article will examine the notion of TPF in international commercial arbitration and how it influences the arbitration proceedings in international commercial arbitration. After analyzing the basic concept of TPF, it will throw light upon the challenges the TPF such as conflicts of interests and transparency and disclosure requirements. The article identifies transparency and disclosure requirements is one of the most important issues shaping TPF funding arrangement and proceedings in international commercial arbitration. It argues for the mandatory disclosure of existence of TPF agreement.
Keywords: International Commercial Arbitration, Third-party Funding, Arbitral Transparency & Disclosure Requirement.
In this paper the author focuses on the origin of term ‘Hindu’ and the types of Hindu School. The paper further throw some light on the concept of coparcenary and how it is different in Mitakshara school from Dayabhaga school. The paper also cover the concept of “who can be the coparcener” and further discusses the difference of the position of daughter in Pre-Amendment Hindu (Amendment) Act, 2005. To study this, the author has focused on Section 6(1), Hindu Succession (Amendment) Act, 2005 and have discussed if the Section 6, Amendment Act 2005 is prospective, retrospective or retroactive in nature. To clear the nature of Section 6, Hindu Succession (Amendment) Act,2005 the paper also throws some light on judicial opinion regarding the same.
Keywords: Hindu, Types of Hindu Law, Coparcenary, Position of Daughter, Pre and Post (Amendment) Hindu Succession Act,2005
Standard Essential Patents are certainly the backbone of creating a standardized industrial sector to that context whereby a patent would be necessarily infringed to set that standard. This universally accepted ‘standard’ in any sector is a concurrent and core requirement in bringing a product for commercial competition and viability. In simple words, the patentee has to necessarily grant licenses to manufacturers on the Fair Reasonable and Non-discriminatory terms (FRAND). Predominantly, most technological standards develop through voluntary organizations like the Standards Setting Organization (SSO) and standard developing organization. Different patent owners associate together to pool their resources and collaborate in setting a standard for the entire industry for coherence and uniformity in technologies like the potential 5G.
SEPs are an essence of the meaning of standard or nature in pooling the existing technologies. Investment in Research and development necessarily requires adequate returns on investments. Thereafter, contractual agreements take place between the SSOs and patent holders; however, this relationship has been questioned widely. The paper will hence focus on this issue, as well as the questions on SSO’s procedure in making arrangements and negotiation. Furthermore, the study unveils the theme of FRAND i.e., Fair, reasonable, and non-discriminatory. Evolving through a series of landmark judgments, the FRAND ranging has been fluctuating, because it can never be too high or low. At the same time, it is to be noted that the popularity of the standard is not considered for the patent holders' rights. India needs to develop clarity in its patented technologies and create a framework on FRAND terms without relying on the other developed countries.
Keywords: Standard essential patents, FRAND, SSO, patents
Fashion is ‘Art’. Art is defined by the Oxford Dictionary as the expression or application of human creative skill and imagination. Hence, this skill which produces distinct and unique pieces must be protected with Intellectual Property Rights. The IPR Regime in India provides protection to the fashion design under four legislations that is The Designs Act, 2000, The Indian Copyright Act, 1957, The Trademarks Act, 1999 and Geographical Indications Act, 1999. From the perspective of Fashion Industry, the Acts do not protect the entire garment as a whole; rather it protects the particular and individual aspects like shape, pattern, color etc. of the garment. The available Intellectual Property laws in India with regard fashion protection and argues that it is not sufficient to protect the Fashion Industry in India. Fashion Protection is positively significant for un-established designers and entrepreneurs, who endure all the opposition and overexposure burdens of duplicating without the advantage of increased prestige. Without IPR protection they contend, copyists will complementary lift on the endeavors of makers, demoralizing future interests in new developments and manifestations. IPR protection for style designs would energize more prominent development by guaranteeing that the benefits from a plan went to the creator and not to the individuals who just replicated the work. Duplicating innovation especially the speed with which pictures of designs from runway shows can be sent the world over by means of the web has changed so radically lately, that designers are enduring phenomenal damage that must be redressed by IPR protection. The Designs Act affords protection to the “design” registered under the Act, but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trade mark. In this paper the author suggests that this definition does not suit the needs of the fashion designing industry on account of three reasons such as no protection to unregistered designs, Time consuming registration process and Inadequacy of Damages. Due to the same reason the author proposes suggestions for improvisation of the IPR Regime of the Fashion Industry.
Keywords: Fashion Industry, Design, Artistic Work, Intellectual Property Rights.
The Code of Criminal Procedure 1973 (hereinafter 'CRPC') provides procedure for investigation, inquiry and trial in any criminal case. It forms core law on the procedure of criminal trial in our country. The criminal cases have been classified into cognizable and non-cognizable offence. But both of these categories could constitute a bailable offence. Therefore, all the cognizable offences confer jurisdiction on the Judicial Magistrate to detain the accused for ninety days or sixty days, according to the provisions of section 167 of CRPC. However, section 437(1) of CRPC confers discretion to grant bail in case of cognizable offence/s of the specifications provided in it. Therefore, a question arises whether the provisions of section 437(6) of CRPC regulates the discretion of Hon'ble High Court or Hon'ble Supreme Court for grant of bail in any manner? This paper endeavours to find the extent of applicability of section 437(6) of CRPC in the applications for grant of bail and its effect over the mandate imposed by section 167(2) of CRPC in order to ensure literal interpretation of the provisions of law related to grant of bail.
Salus Populli Suprama Lex, which means that the welfare of the people is the supreme law, is the very premise on which the modern day societies and civilizations are built upon. Every form of governance from autocracy to democracy, holds the said welfare principle either implicitly or explicitly. However, the said doctrine only fortifies and manifests itself in true letter and spirit in a democratic form of governance. Democracy, ever since President Abraham Lincoln’s speech in Gettysburg, has been defined as a system of governance ‘of the people, by the people and for the people’. Democracy is often regarded as the most desirable form of governance since the government draws its power from the people, either directly or indirectly and exercise such power as long as they enjoy the pleasure of citizens. In all major democracies throughout the world, the state comprises of 3 separate organs viz. Executive, Legislative and Judiciary to ensure checks and balances on the arbitrariness and illegality of the respective organs. However, having said that, it is the judiciary which acts as the final arbiter and as a conscience keeper of constitutional and normative values. The judiciary also undertakes upon itself to ensure protection and promotion of values of democracy and good governance. Hence, this paper attempts to identify and examine the role of the Supreme Court of India in preserving the democratic fabric and in upholding the essence of a good governance.
Media, the fourth estate, is a vital part of the Indian democracy. The role of media is not restricted to just traditional reporting and publishing. It has now spread its wings and grown into a mechanism that generates public opinion, or rather, manipulates it. The focus of this paper is on tracing the path treaded by the media in India over the years and delivering a theoretical understanding of the same with reference to its underlying jurisprudence and other myriad aspects. It covers the development, nature, impact and influence of media over the life of common man. The part that the government ought to play in balancing the rights and duties is also discussed herein. Another aspect that has been incorporated in this study is that of the varying standards of morality in the light of the development of media. Also included in this study, is the importance of having a more stringent system of laws regarding right to privacy, given the increasing interference of the media in the personal and private matters of persons, which has urged the need for more effective privacy laws. The crux of this paper is that attached with the powers bestowed on the media, is a tremendous load of responsibility. Striking a balance between the limits acceptable to the society and bringing out the right matter at the right time is indeed the need of the hour.
This article explores the validity of data localization measures against Market Access obligation under General Agreement on Trade in Services (GATS). I explain how data localization measures violate market access obligations due to the restrictions they cause, and how these restrictions fall under the 6 paragraphs of Article XVI:2. The article also explores the compatibility of justification which is given for introducing this measure by analyzing it against the general exceptions provided in GATS. The article does not explore the possible justification under security exception because such a defense requires certain prevailing circumstances that cannot be assumed. In Part 1 of the article, I explore making a prima facie case of violation of market access obligation and in Part 2, I analyze the justification of general exception against data localization measure.
This research paper dissects the vulnerability of Third World nations to uprising and builds up a hypothetical point of view to enlighten a portion of the components adding to insurrection in these nations. The term rebellion has been utilized extensively to incorporate all brutal battles against the state by any gathering or part of populace of a zone attempting to set up its free political power over that zone and its populace. A straightforward direct model for India, having both static just as powerful perspectives, has been created to exhibit how the level of unavailability of a region, the strength of isolated social character of its populace, and the measure of outside effect on the territory decide the affinity of that zone for rebellion. The subtleties of observational confirmation of the model has been forgotten about for quickness. The paper has talked about the methodological subtleties and the ramifications of the Indian model for different parts of counterinsurgency technique for the Third World, including financial turn of events, the job of vote based system, social and political independence, and counterinsurgency tasks. The paper has made proposals for successful counterinsurgency procedure and for long haul soundness in these nations. India is exceptionally mind boggling and gives an ideal window to understanding Asian culture.
Today with huge development in the field of computer technology, communication technology, IT sector have raised living standard of every individual immensely. There no longer limitation of time and geography in doing business. Dispatchment of information even goods and service are more rapid than ever before. E-commerce has provided with new speed to the business that a no longer requires physical presence of two parties at the time of contracting. Last decade is an evidence to the fact that E-commerce and E-contract has become part of our daily lives. Online contracting has blended so well with our daily life that an user get into a contract many times in a day from booking cabs or making transactions via Paytm or various similar platforms. E-commerce and E-contract offers flexibility to ease of business in terms of place, time, space, distance and payment method. The E-contract means buying and selling of product, goods and services through computer or internet network.
It is means of doing business electronically usually by the means of internet. It is the tool that leads to ‘enterprise integration’. With the rapid growth of E-commerce, there is a huge uprise in the use of E-contract. Keeping this growth in mind there are certain questions posed by E-contract. This article undertakes an endeavor to answer these questions.
Unborn, in the simplest terms, means who is not yet born. Many variations, yet some similar definitions for the same are present in some form or other all around. The controversy surrounding rights of an unborn might be a result of the fact that an unborn is protected by the law. The rights of an unborn child are one of the most intriguing interfaces between science, morality and law. An unborn child, for many purposes under the legal system, is regarded as already born, according to the maxim nasciturus pro jam nato habetur. A child in the mother’s womb is considered a person or as already born, under the property law to the extent that such a child is born alive subsequently. An emphatic determination of the same hasn’t been done. The rights or status of a yet-to-existent person should be decided irrefutably as it influences or have a direct implication over the rights of other existing individuals, especially the proprietary rights. This legal fiction finds its presence in the Indian jurisprudence with the incorporation of certain provisions which guarantees property rights to the unborn in the legal enactments.
The paper explores the role of NGOs in India and looking ahead for the policies to be implemented effectively, commitment in terms of suitable resource allocation, training and infrastructure support, go along with social inputs based on women’s needs. The paramount aim is to provide all women with standard abortion care, easy accessibility, and affordability to safe abortion services. The place of living as rural-urban differences regulates women's thinking.
Notwithstanding the legislation of abortion in India, mortality continues to remain a difficult problem for a majority of women undergoing abortions. This paper reveals the poor awareness of laws, higher fees unnecessary consent of the spouse. There is a need to untangle registration procedures, and also linking policy with up-to-date technology, one quite possible scenario is that the considerably lower rate would diffuse the intensity of abortion which guaranteed by law. It shows the difference in the number of abortions and number of deaths because of abortion in rural areas and urban areas annually, which ultimately shows the need for awareness related to abortion laws in our country, in which we are lacking so much due to which females of our country have to suffer from it for their whole life.
Keywords: explore, NGO’s, standard, Abortion, Females, Awareness, Accessibility, Affordability.
Well-known trademarks are a subset of the trademark regime that have been given a higher degree of protection due to their reputation gained among the consumers and the business circle. The Indian trademark Act lays down criteria for determining a well-known trademark. This part has been dealt with extensively by the legislature and the judiciary. Whereas issues like the duration of this special status granted and cases, where the owner stops using the well-known marks, are still unanswered as the law is silent and there are few judicial pronouncements on this matter.
The paper examines judicial decisions by the Indian, U.S, U.K and Singapore courts to determine the duration of the well-known mark. Next, the paper focuses on the non-use of the mark. A well-known trademark is said to be abandoned if it is not used in goods or services for over a period of time. This ‘period of time’ has not been clearly been defined in law or statute. It has been discussed in few judgments in different jurisdictions. Test accepted by the courts, when the question of abandonment is being raised is that the owner should prove genuine use of the mark or else it is deemed abandoned. There still needs a lot more clarity on this topic by way judiciary or the legislature but for now it is at the development stage and the importance is being recognised slowly. The paper shows what could be the way forward on this matter.
Experiments or investigations done in clinical studies are clinical trials. Such prospect clinical or psychological human participant research experiments are intended to address specific questions concerning clinical or behavioral interventions, namely targeted therapeutics (like new vaccinations, medications, food options, nutritional supplements, and medical equipment) and established therapies that require additional therapy. Clinical trials are necessary for the smooth functioning of any kind of discovery in medical sciences. Ethics play a crucial role in clinical trials that focus to a great extent around recognizing and executing the adequate conditions for presentation of certain people to dangers and weights to support society on the loose. In this article the author has done the analysis of the clinical trial. The author has also shown light on the ethical evolution of the clinical trial. The author has also mentioned the consent required in ethical concern of clinical trial.
Uniform Civil Code has remained one of the most contentious provisions in the Indian Constitution. The Constituent Assembly had put the onus of bringing a Uniform Civil Code on the State according to its wisdom. But for last 70 years, provision of Uniform Civil Code has remained dead. The researchers through the medium of the article endeavours to determine the requisite for a Uniform Civil Code, which has been matter of a political controversy since the enactment of the Constitution, and how Article 25 i.e. right to freedom of practice of religion has always played a role of thorn in the way of implementing Uniform Civil Code. Researchers in this paper undertake to elucidate the contradiction of Article 14 i.e. right to equality and Article 25 i.e. right to freedom of practice of religion and will try to find out which has to be given preference according to established precedents. Researchers will also try to answer whether this contradiction of two fundamental rights can be resolved by bringing the Uniform Civil Code. In furtherance of this, researchers will elucidate advantages of the Uniform Civil Code such as gender equality, national integration, modernisation, religious equality, end of constitutional contradictions and achievement of true form of secularism. In the light of above mentioned areas of investigation, our key argument focuses on the interplay between Uniform Civil Code, Article 14 and Article 25 as well as the need, desirability, impacts, implementation of the Uniform Civil Code.
Federalism in India is unique in many ways. This paper starts with a discussion on the key elements of a federal structure. Then it briefly traces the driving forces that led to the formation of Indian federation. Next part deals with the federal features in the Indian Constitution. The paper then sets about to examine provisions of the Indian Constitution and judgments which drift away from a strictly federal system. The following part traces attempts to review and reform Indian federal system. At last, it concludes with author’s observations on the nature of Indian federalism.
Keywords: Federalism, Centre-State Relations, Constitution of India, Distribution of Power, Supreme Court of India
Corporate Social Responsibility(CSR) is the mechanism in which both the society and the organizations or the companies work hand in hand. The companies return back to the society from the gain or profit that the company has achieved due to the active participation and involvement of the people of the society. The term CSR may be a new to India which has aroused over a decade but the concept of CSR has been practised since time immemorial by the company. The author of the paper has portrayed the emergence of CSR in India along with the present day practise that is being carried out by the companies.
An elaborate analysis has been made of the recent 2021 Rules on CSR. The paper has brought into light the challenges that is faced by the companies while pursuing the activity on CSR. The author of the paper has led to some suggestions that can be inculcated for a better working of CSR in India.
Keywords: Corporate Social Responsibility (CSR), Companies Law, CSR Rules, Growth
Juvenile delinquency or delinquent is a label awarded to those undertaking deviant activities which are frowned upon by the society. The age plays a vital role in defending the juveniles from stringent punishment. Recently, noticing the exponential rise in the brutal nature of the crime committed by juveniles, a few countries have decided to transition from the lenient and reformative principles to those that are austere, like the USA. While the UK and India refuse to give up on these juveniles, continuing to be faithful to the reformative and rehabilitative model. The diverse causes of Juvenile delinquency are deliberated upon, examining the genetic, psychological and biological theories are discussed. Further, certain unique and distinct forces and social institutions that correlate to juvenile delinquency are identified and elucidated. In addition to the various matters as discussed above, the author also looks into the legion of influences inciting delinquent behaviour of juveniles, such as peer groups, family and economic status, religion, school, media and other external and psychological triggers or motivators. This paper revolves around the rationale for the various approach adopted by the juvenile justice systems in India, USA and UK, and strives to highlight the lacuna in their criminal justice systems which is the inordinate priority or prominence given to the age factor while assessing and establishing the liability or culpability of a juvenile delinquent.
Keywords: Juvenile, justice system, Reformation, Delinquent, Crime.
The concept of retail sector has evolved over time and it’s not just limited to just buying and selling of goods. The concept of retail now includes marketing and distribution of goods through various channels through offline/ online modes. Due to the introduction of E- commerce in the market, some of the people still prefer to buy things directly that are fresh in hand and therefore, due to such increased competition, it is necessary for the retailers to take care of the requirement of real estate and bring modernistic changes as well as the idea to redefine retail spaces. This field requires huge establishment costs to establish retail chains such as MOM/POP stores, supermarkets, departmental stores, and malls, etc. for serving the customers and to do other activities such as warehousing, packaging, etc. Therefore, the concept of Real Estate comes into picture which helps in establishment of such chains. For example, the retail real estate captures 15% of the retail sector in India thereby playing a significant role in such industry. Therefore, both such sectors are highly interdependent on each other so as to gain profits and sever the valuable and diverse needs of the customers. Thus, there is a need of laws to govern the functioning of such industry with variety of legal aspects involved in this such as the concept of lease, E- commerce regulations for the retail real estate investors, etc. under various statutes which renders in smooth functioning of such giant retail outlets.
Climate change is defined as change in climate over time, whether due to natural variability or as a result of human activity. United Nations Frame work Convention on Climate Change defines Climate Change “a change in climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable periods of time”.
Climate change poses a serious threat to the productivity of natural resources especially water resources. The adverse effects of climate change defined in UNFCCC clearly disclosed that changes in the physical environment adversely affects the natural ecosystems, socio economic systems and human health