The following paper provides a comprehensive study regarding Related Party Transaction (RPTs) under the Companies Act 2013 and other allied rules. The study delves deep into the provisions of all the statutes and rules and the regulatory mechanisms established to govern RPTs between corporate entities and related parties. The main objective of this research is to elucidate the legal framework governing related party transactions and to critically assess the efficiency of these regulations in practical life in promoting transparency, fairness and accountability. The analysis encompasses an exploration of relevant provisions of the Companies Act and the associated rules-shedding some light on the requirements, approval processes and the role of the board and the shareholders in overseeing such transactions. The method used is analysing and reviewing the statutory provisions, and the judicial precedents related to RPT to understand those transactions taking place in a corporate entity and how they enhance the corporate governance structure.
Volume 6, Issue 1 / 2024
Articles · 20
In the world of business law, dividend payment practices are a blend of legal rules, financial choices and corporate governance. Dividends are not merely financial transactions; they represent the commitment of a company towards its shareholders and often reflect the financial health and stability of the organization. In the India, the payment of dividends is governed primarily by the Companies Act, 2013 along with various regulations and guidelines issued by regulatory authorities such as the Securities and Exchange Board of India (SEBI). These legal provisions establish the framework within which Indian companies must navigate dividend-related decisions. Furthermore, judicial decisions and case laws have provided valuable insights and clarifications on the interpretation and application of these statutes.
By representing a country’s wealth and investing it in foreign markets, sovereign wealth funds (SWFs) play a pivotal role in the global economic landscape and global finance. It represents state-owned investment vehicles that manage vast pools of capital derived from a variety of sources, such as commodity exports or foreign exchange reserves. The dynamics between SWFs and foreign investment, examining the motivations, strategies, and impact on host economies, is what is explored by this paper. The dual nature of SWFs as financial instruments and geopolitical entities, analyzing how they navigate risk, contribute to economic development, and influence international financial landscapes, is delved into. The evolving regulatory landscape surrounding SWFs, addressing concerns related to transparency, governance, and their potential to shape global economic power dynamics, is also highlighted by this paper. Due to their sheer size and long-term investment horizon, SWFs have emerged as significant players in international financial markets, wielding substantial influence. The various investment strategies employed by sovereign wealth funds, encompassing direct investments, portfolio diversification, and participation in infrastructure projects, is further explored by this study. By providing insights into the potential benefits and risks associated with heightened SWF involvement in foreign markets, the impact of SWF activities on recipient economies and global financial stability is scrutinized. In conclusion, a comprehensive overview of sovereign wealth funds and their role in foreign investment, shedding light on the intricate dynamics that shape the global economic landscape, is offered by this paper. This research contributes to a nuanced understanding of the evolving relationship between SWFs and the international investment arena through an in-depth analysis of motivations, challenges and outcomes.
Paternity leave legislation is a crucial aspect of gender equality and family dynamics. In India, the absence of a comprehensive law on paternity leave in the private sector has led to a lack of awareness and understanding of its significance. This is further exacerbated by the prevailing notion that childcare is primarily a woman's responsibility, which is perpetuated by the absence of paternity leave. The International Labour Organization has been urged to introduce mandatory paid paternity leave to address these issues and promote gender equality.
Climate change legal framework done by the UNFCC( United Nation framework Convention on Climate Change ) as Issued guidelines about to stabilize atmospheric concentration of the Green House Gases . This was Starred from Kyoto Protocol 1992 to BOON Climate change Conference June 2023. Though The doctrine of sustainable development, the “polluter pays” principle and the precautionary principle were all first acknowledged by the judiciary before these principles were explicitly embedded in environmental legislation as in India as National Green Tribunal in 2010. Globally we Stockholm, Paris agreement and more but we have to had a New Climate Law as Universal Human right Declaration which one binding on all over the world . New Change we are from Carbon free to Carbon Clean environment. With the Paris Agreement, countries established an enhanced transparency framework (ETF). Under ETF, which one will start in 2024. countries of the world will report transparently and specially on works are taken and progress with achievements in the climate change mitigation, adaptation and security measures and support provided or received by other countries of the world .
This research paper delves into the significant and contentious issue of human rights violations by intelligence agencies, with a particular focus on the post-9/11 era. The study conducts a comprehensive examination of specific cases, honing in on the Central Intelligence Agency's (CIA) Enhanced Interrogation Program as a detailed case study. The paper meticulously analyzes the legal and ethical implications of the program, shedding light on the infringement of individual rights through practices such as torture, arbitrary detention, and the erosion of privacy. It explores the tension between national security imperatives and the protection of fundamental human rights, questioning the efficacy of such intelligence practices in safeguarding societies while emphasizing the necessity for accountability, transparency, and adherence to international legal standards. Through this detailed case study, the research aims to contribute to a nuanced understanding of the challenges posed by intelligence activities in the context of post-9/11 counterterrorism efforts.
Sex work and prostitution are terms often used interchangeably to refer to the exchange of sexual labour for money or other valuable material. These exchanges may be independently generated, facilitated through a third party, or leveraged by industry stakeholders. Sex work and prostitution are as old as human society itself, and although often associated with women and girls, these systems of exchange involve people of all ages, genders, races, and sexual orientations. Prostitution which was once socio-culturally sanctified, has now been represented as an undignified profession that subjugates and marginalises women from all public spaces. The changing trends in society which have led people to look down on this labour are worth mentioning. This paper aims to explore factors driving people to this profession and how an atrocious attitude of people subjects these people to discrimination. Apart from that, the paper also highlights various legislation and judicial decisions which aim at legalising and monitoring this profession with a view of halting crime against sex workers. The catastrophic living condition of children born in brothels has also been brought into the limelight. Thus various facets of this profession are being examined in this research paper. The research also highlights some of the initiatives taken by NGOs to improve the condition of these workers.
This research paper sort to provide the information that how forensic science and law are interlinked and also the significance of forensic science in the field of law helps the authorities of law to secure equity and fairness in the society. The difference between a scientific theory and law is that a theory is used to explain why something is observed. Scientific law is used to explain how the thing that is observed happened. The Laws are used to curb the problem that happened and prevent such incidents in the future by providing specific legislations to maintain stability in the society. Forensic Science is a multidisciplinary subject used for probing crime scene & gathering evidence to be used in prosecution of offenders in a court of law. More specifically, forensic scientists employ techniques and tools to interpret crime scene evidence and use that information in investigations. Forensic scientists and technicians come from a variety of academic backgrounds, although most have completed coursework in the life sciences, chemistry and law enforcement. Since forensic science brings together scientists and members of the judiciary to discuss and debate key areas of common interest and to ensure that the best scientific guidance is available to the courts, it creates a need for understanding of the forensic science to the lawyers and judge in his routine duties.
The Telecom bill of 2023 was presented by the public authority considering cancelling the accompanying laws of pilgrim period that are the Indian Telegraph Act of 1855; the Indian Wireless Telegraphy Act of 1930; and the Indian Wireless Telegraphy (Unlawful Possession) Act of 1950. The advantages of the act are it consolidates the network services offered by Internet Service Providers and it grants satellite Internet service freedom through bidding through spectrum. The Indian government can permit specific administrations to offer for range with next to no sale except for there are still a few administrations which should have managerial authorisation. The satellite internet service provider, which includes Space X and Bharti Airtel-backed One Web, has thanked the government for providing services without auction and spectrum and by administrative authorisation because it will help in enhancing competition, increased global cooperation of India, and by providing employment opportunities and startups. Other examples of these include scientific research, crime prevention, disaster management, and defence security. It prevents bulk purchasing of sim cards and also levies a penalty of approximately 50 lakhs along with three years of imprisonment when caught doing Main pressing issues that the bill presented makes the biometric filter obligatory for buying sim cards which is an infringement of Right to Privacy and there will be unpredictable capture of messages by the public authority which will likewise bring up issues in regards to the admittance to the information of normal residents who are not engaged with any sort of danger to public safety. This will likewise bring up issues with respect to the independence of the public authority.
India and its Foreign Direct Investment policy are crucial in accelerating the country’s retail sector unit for balanced economic growth in all circumstances. India’s economic scenario has undergone notable changes over the last decades with foreign trade and investment regulations playing a significant role in the country’s self-sufficiency strategy. While foreign enterprise participation was not discouraged in the Indian market, stringent controls and regulations were in place to safeguard national interests. In the process of growing foreign investment, there are some sectors under the retail industry where FDI is restricted to a certain level to protect the interests of indigenous small retailers and farmers. The Reserve Bank of India’s Foreign Exchange Management Act, 1999 (FEMA), replaced the earlier Foreign Exchange Regulation Act (FERA) that aimed to facilitate external trade and maintain a stable foreign exchange market in India for wider economic diversification with proper legal compliance. This research paper delves into the intricate landscape of Foreign Direct Investment (FDI) within India’s retail sector by examining the retail industry’s evolution throughout the period. The paper covers a range of crucial aspects of legal mechanisms with their historical significance, segmentation of the retail industry, and FDI policies specific to retail in India with technological innovations required in the legal system to facilitate a better flow of retail trade in the domestic market.
The Digital World has come to reality in the form of an online-based possible substitute for the real world. Metaverse is nowadays the most commonly used virtual-reality world which offers its users several activities ranging from playing and socializing, to attending concerts or even marrying. All these activities are undertaken by the virtual being of the user known as the ‘Avatar’. The Virtual reality world comes up with a platform, gear, and headset combined with haptic technology to give a real-life sensation of touch. As per the data, there are 400 million monthly active users on the Metaverse. There is an ever-growing craze for the Metaverse as evident from the fact that the famous pop singer Justin Bieber performed live in the Metaverse. This is not the only instance many Indian corporations are actively promoting the use of virtual realities in their businesses. But like every other innovation metaverse is not all crime-proof. Incidents of Sexual Harassment in the metaverse are not a new occurrence. Several posts on social media related to ‘Virtual Rape’ garnered negative responses, with netizens questioning the seriousness of the crime. The use of Hapatic devices makes the experience all the more real which is a compelling reason why stringent laws are needed to tackle the problem of sexual harassment in the metaverse. Some laws that regulate privacy matters and prohibit sexual harassment could come to the rescue of women but they are not adequate and have several limitations from the non-applicability to Digital Avatars, Cross Border crimes, to the anonymity of the identity of the avatars. However, since the metaverse is still evolving the state governments are expected to evolve with the ever-growing techs.
Information and Technology Act, 2000 has been enacted based on the United Nations Model Law on E-Commerce adopted by the United Nations Commission on International Trade Law. But e-commerce wasn't considered a significant aspect during the enactment of the Information Technology Act, 2000 rather cybercrimes and offences were the need of the hour during that time. The redressal of e-disputes arriving out of e-commerce transactions involves challenges including jurisdiction, enforcement, law applicable, etc. For commercial disputes, whether the claim is small or big, with a larger number of diversified people involved, implementing online mediation for dispute resolution would serve as a better tool. Online Mediation being less formal though would solve disputes effectively was lacking legislative framework. The newly enacted Mediation Act provides for legal sanction to online mediation, which is expected to revamp the dispute settlement landscape as a whole. The implementation of Online Dispute Resolution in the sphere of the E-Commerce sector through accessible online mediation will be a greater initiative. The study aims to trace the origin and innovation of Online mediation to e-commerce disputes and discusses the different methods and systems of Online dispute resolution. The paper further explores the judicial pronouncements supporting dispute resolution of consumer disputes and analyses the legislative framework related to mediation. The government’s policy towards consumer redressal using ICT tools brings out its persistence in implementing ICT enabled dispute redressal. The paper further discusses the newly enacted Mediation act and gives insights to areas that need to be revisited.
The emergence of organized crime syndicates has led to an escalation in illicit operations such as drug trafficking, gold smuggling, arms trade, contraband, abductions, blackmail, human exploitation by human trafficking, cybercrime, counterfeit currency circulation, etc. The paper provides an overview of the legal framework in India designed to counter and prevent organized criminal activities. The study delves into the legislative measures, judicial mechanisms, and law enforcement strategies that collectively constitute the nation's approach to tackling organized crime. Indian government faces challenges in countering this issue due to inadequate agency capabilities, coordination issues, resource and manpower limitations, and a shortage of skilled personnel at law enforcement agencies. Discordant viewpoints between the central and state governments further prolong the decision-making process, impeding effective action against organized crime. Despite these challenges, there is a pressing need to bolster the nation's framework and introduce new legislation to combat this menace.
This paper delves into the intricate interplay between human rights and the digital age, exploring both the legal and socio-legal dimensions of this complex relationship. Examining the evolving landscape of technology, the study addresses critical issues such as privacy laws, data protection, and cybersecurity regulations. It also investigates socio-legal considerations, including digital divides and access disparities, to ensure a comprehensive understanding of the challenges and opportunities presented by the digital era. The paper emphasizes the need for adaptive and robust legal frameworks that strike a delicate balance between harnessing technological advancements for societal progress and safeguarding the fundamental rights of individuals. As societies navigate the dynamic digital landscape, the exploration of legal and socio-legal dimensions provides valuable insights to guide the development, deployment, and regulation of technologies with a steadfast commitment to human-centric principles.
The Indian Constitution governs the country, ensuring social stability, protecting human rights, and safeguarding mankind from grave crimes. Jammu and Kashmir, a unique state under the Indian Constitution, has special status under Article 370, which defines India-Jammu and Kashmir relations. The 2019 Jammu and Kashmir Reorganization Act provides an essential copy of the Indian Constitution. The Indian government has used constitutional power to abolish Articles 370 and 35A, causing concerns about the region's integration for peace and development. The state's permanent resident laws have been criticized for being discriminatory, including the difficulties faced by West Pakistani refugees, immigrant workers, and female residents. The Jammu and Kashmir Reorganization Order, 2020, abolished 29 state laws and altered 109 Jammu and Kashmir laws, including the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act 2010. Removing Article 370 would enhance national security, eliminate discrimination against women, Dalits, and other marginalized communities, and grant them equal rights and privileges.
The Code on Wages 2019 consolidates four existing laws: the Minimum Wages Act, 1948, the Payment of Wages Act, 1936, the Payment of Bonus Act, 1965, and the Equal Remuneration Act, 1976, into a single statute. The Codification of the Labour Laws removed the multiplicity of definitions and authorities leading to ease of compliance without compromising wage security and social security to the workers. Wages are important factor in any employment and is covered under the new as well as the old legislation but the capacity of employer to pay was not considered as a factor while deciding minimum wages. This paper tries to analyse the law on wages and the reports of various committees where employer’s capacity to pay was discussed.
Honor killing, a repugnant practice stemming from perceived violations of cultural and societal norms, continues to be a prominent concern within India's legal framework. This dissertation conducts a thorough and analytical investigation of honour killings in India. The objective of this endeavour is to understand the complex interaction of socio-cultural, legal, and political factors that support this widespread phenomenon. The study utilizes a multidisciplinary approach, integrating sociological perspectives, legal examination, and human rights frameworks to elucidate the intricate dynamics inherent in honour killings. Moreover, the dissertation thoroughly explores the historical and cultural foundations that justify these transgressions, considering patriarchal structures, religion, and caste systems. Moreover, the study investigates the role of government institutions, specifically focusing on the difficulties faced by law enforcement agencies, the judiciary, and social service organizations in their efforts to effectively address honour killings. Highlighting the shortcomings in legal systems and the urgent need for legislative changes to improve safeguards for potential victims are issues of particular importance. This research provides a human-centred perspective by utilizing qualitative data sources such as interviews and case studies. The objective of this study is to shed light on the daily lives of victims and their families, with a focus on their experiences. The study also explores the ethical consequences of intervention strategies, as well as the potential role of non-governmental organizations, civil society, and community participation in challenging the existing norms. The main aim of this dissertation is to enhance the academic discussion on human rights, gender justice, and legal reform by thoroughly analysing the complex circumstances surrounding honour killings in India. The findings of this investigation provide valuable insights for policymakers, legal professionals, and scholars who are committed to eliminating this appalling violation of human dignity and promoting a societal focus on justice rather than outdated notions of honour.
India's economy is currently one of the fastest growing in the world. Foreign direct investment and the rate of industrialization have accelerated dramatically. This has resulted in the creation of numerous new small, medium, and large-scale industrial units, service sectors, etc., and both the customer base and demand are growing. Corresponding to this rising demand and meeting client needs Businesses in these sectors need to produce things around-the-clock. In addition to machinery, money is a crucial human resource for this project. Three categories of labor exist: staff, on-roll team members (workers), and contractual employment. Staff is the first category. Contract labor is heavily used by several manufacturing businesses in order to cut human costs and overhead. And and the practise of using contract labour is becoming more popular. The Paper, which is based on secondary data, aims to illustrate the existing circumstances of contractual labour in India and the provisions now in place for them under Contract Labor.
Child marriage is the practise of marriage with a young child. In the earlier time child marriage is a worldwide issue. It has spread throughout India. It is not only a serious violation of human rights under the United Nations Convention on the Elimination of All Forms of Discrimination Against Women, but it also inhibits progress towards developmental goals. Child marriage also means the end of their childhood. It has a harmful impact on children's rights such as an education, health, protection and also their future. These effects affect not just the girl but also her family and community. Significant progress in the reduction of child marriages has contributed significantly to the global drop in the prevalence of the practise. The drop might be attributed to a variety of causes, including higher maternal literacy, improved access to education for girls, stringent regulation, and migration from rural to urban regions. To increase the girl's education rates government take an aggressive step. Though Child marriage is strictly forbidden in our society but in some rural place it will be happened on the presence of her parents and relatives. The Prohibition of Child Marriage Act of 2006 contains enabling provisions that will make child marriage unlawful, safeguard victims' rights, and get stiffen punishments for anyone who help, abet, promote, or solemnise such marriages. there are many laws regarding child marriage in our society but firstly take a suitable step by those families who have girl child and they should send their girls to schools to take education. According to the legislation male must be 21 years old and woman must be 18 years old to marry. Any marriage between two people under these years is considered child marriage, which is illegal and punishable by law.
Marine pollution and depletion of marine resources are two major environmental challenges that threaten the health and sustainability of the ocean and its ecosystems. Marine pollution refers to the introduction of harmful substances or energy into the marine environment by human activities, such as plastics, chemicals, nutrients, sediments, noise, and heat. Marine resource depletion refers to the overexploitation or degradation of living and non-living marine resources, such as fish, coral reefs, minerals, oil, and gas. These two issues are interrelated and have negative impacts on marine biodiversity, productivity, ecosystem services, human health, and socio-economic development. This Paper aims to critically analyze the causes, consequences, and solutions of marine pollution and depletion of marine resources from a multidisciplinary perspective. Firstly, this Paper Discusses about the marine pollution and depletion of marine resources, and explains why they are important and relevant issues to study. Secondly, this Paper provides a critical analysis of the causes and consequences of marine pollution and depletion of marine resources. Thirdly, this Paper evaluates the effectiveness and challenges of existing policies and measures to address marine pollution and depletion of marine resources. Fourthly, about the Marine ecosystem services like aquaculture, cultural identity, fishing, shoreline protection, and Tourism and subsistence harvest. Fifthly, this Paper discusses about blue economy in the Indian Ocean, sustainable management of marine resources. Lastly, this paper Concludes by summarizing the main findings and implications of the paper. It emphasizes that marine pollution and depletion of marine resources are serious and urgent problems that require a holistic and collaborative effort from all stakeholders. This Paper provides some recommendations and directions for future research and action on these issues.