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THE RIGHTS OF JOURNALIST

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THE RIGHTS OF JOURNALIST Author: Tanya Raj   What is the extent of the right to gather news? The question arises on a daily basis for journalists around the country.Reporters and photographers are told by police that they cannot enter a crime scene, are threatened with arrest for not moving where police order them to […]

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ANCIENT LAWS

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ANCIENT LAWS Author: Tanya Raj Introduction:-For man to be able to live in a society there must be laws that govern man. If these laws cease to exist, then there will be chaos. This concept of law has drawn the attention of different scholars over time, such as Plato, Aristotle, The Stoics, Aquinas, to mention […]

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CORPORATE GOVERNANCE – CHANGING DIMENSIONS

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CORPORATE   GOVERNANCE –  CHANGING   DIMENSIONS By  RoumitaDey. (BA.LLB, Fourth  Year,Jogesh  ChandraChoudhuri  College of Law, Kolkata)   Abstract Corporate Governance in India has seen a paradigm shift and has been posing new set of challenges to the top echelons of management in various organizations including organizations from the financial sector. The increasing stringencies and tighter regulatory […]

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DOCTRINE OF ULTRA VIRES-EFFECTS AND EXCEPTIONS

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DOCTRINE OF ULTRA VIRES-EFFECTS AND EXCEPTIONS (Author : Advocate Geetika Jain) CONCEPT  The object clause of the Memorandum of the company contains the object for which the company is formed. An act of the company must not be beyond the objects clause, otherwise it will be ultravires and, therefore, void and cannot be ratified even […]

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Critical Analysis of Sexual Harassment under IPC

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Critical Analysis of Sexual Harassment under IPC INTRODUCTION The terms sexual harassment has been defined as – an unwelcome sexually determined behavior (whether directly or by implication) as: a)      Physical contact and advances; b)       A demand or request for sexual favours; c)       Sexually coloured remarks; d)     Showing pornography; e)      Any other unwelcome physical, verbal or […]

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FIR:At a glance from the view point of Indian Evidence Act, 1872

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FIR:At a glance from the view point of Indian Evidence Act, 1872 (Author: Debaditya Roy)   What is FIR? The expression ‘FIR’ is the abbreviated form of First Information Report. “First Information” or “First Information Report” is not defined in Criminal Procedure Code, 1973, but these words are always understood to mean an information recorded U/s-154 […]

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Death Penalty: An analysis

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INTRODUCTION Death as a penalty servesa deterrent as well as retributive form of punishment.The retributive aspect of the punishment is meant to gratify the instinct of revenge or retaliation which exists not merely in the individual wronged, but also by way of sympathetic extension in the society at large. People will not be disposed to […]

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MANUFACTURERS LIABILITY

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MANUFACTURERS LIABILITY – Case Developments in UK,USA and INDIA   The Types of Defects and Liability of Manufacturers Product Liability Law (Defective Products Law) falls under personal injury/tort law. It refers to the claims against any parties along the chain of manufacture (designers, manufacturers, distributors and retailers) of products which have defects that harm consumers causing […]

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Interim Measures under Arbitration & Conciliation Act

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Interim Measures under Arbitration & Conciliation Act (Author: Dr Shailesh N Hadli )  Arbitration and Conciliation Act is effective and inttergative part of Alternative dispute resolution system accepted universally. Arbitration and Conciliation Act 1996 repealed old Arbitration Act existing in India and incorporated law relating to domestic arbitration, international commercial arbitration and law relating to conciliation. The […]

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The Dangerous Fall: Cause and Effect Equation of the Dramatic Depreciation of Rupee

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(Author: Mr. Vipul Maheshwari ) The Dangerous Fall: Cause and Effect Equation of the Dramatic Depreciation of Rupee TheFall In last the week of August 2013, the Rupee, Indian Currency, depreciated to an unprecedented level against US Dollar. Here we are not concerned with daily fluctuations in the Indian currency rate. But for some time now […]

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THE COLLEGIUM SYSTEM VERSUS THE JUDICIAL APPOINTMENTS COMMISSION BILL

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THE COLLEGIUM SYSTEM VERSUS THE JUDICIAL APPOINTMENTS COMMISSION BILL (Author: Rudrika Sharma. Student of 5th year, Law School, University of Jammu) The judiciary is perhaps the only institution in our country to which the citizens accord utmost credibility. It is indeed the most trusted and respected institution. Then why does the selection of judges to serve […]

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Court Management

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Court Management (Author: Sanjay Salkute) The greatest problem of district courts is that of huge backlog of cases leading to undue delay in deciding cases. Shifting the blame on judicial system only will not cure such problem. Now recently the Hon’ble Chief Justice of India has launched a National Court Management Program. New Methods and New […]

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Defining “Judicial Accountability”

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Defining “Judicial Accountability” Judicial Accountability is now generally accepted as an important value of judiciary, even though some instruments explicitly mention it. The problem with judicial accountability is that little attention is paid to what is meant by this notion. Most authors primarily focus on the notion of judicial accountability only in relation to judicial […]

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BAR COUNCIL OF INDIA: INTRODUCTION

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BAR COUNCIL OF INDIA: INTRODUCTION The Bar Council of India is a statutory body that regulates and represents the Indian bar. It was created by Parliament under the Advocates Act, 1961. It prescribes standards of professional conduct, etiquettes and exercises disciplinary jurisdiction over the bar. It also sets standards for legal education and grants recognition […]

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Laws article relating to ’GIFT’

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INTRODUCTION “Gift” is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. Such acceptance must be made during the lifetime of the donor and while he is still capable of […]

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Role of Due Diligence in Mergers and Acquisition

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Role of Due Diligence in Mergers and Acquisition Introduction Ever since the Indian Economy opened itself to the foreign market after the economic liberalization reforms of 1991, Mergers and Acquisitions have become a common phenomenon throughout India. In a highly competitive global environment, mergers and acquisitions have turned out to be one of the fastest […]

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Widening of the scope of power of Transfer Pricing Officer in context of Section 92CA of the Income Tax Act

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Widening of the scope of power of Transfer Pricing Officer in context of Section 92CA of the Income Tax Act, 1961 – An Analogous study In the last few years the Government of India has taken many steps in order to strengthen the Transfer Pricing (Taxation) regime in India. A series of amendment has been […]

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Punishment and the application of law

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  Punishment and the application of law/ the law and order and the application of same law with different views  INTRODUCTION: Bhagwati, J delivering the judgment on behalf of himself, Chandrachud and Krishna Iyer, JJ. Propounded the new concept of equality in the following words-“Equality is a dynamic concept with many aspects and dimensions and […]

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FAQ on Consumer Forum

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01. Who can approach the redressal agencies established under the Consumer Protection Act for redressal of his grievances? A consumer, as defined in section 2(1)(d) of the Act, or any voluntary consumer association registered under the Companies Act, 1956 or under any other law for the time being in force or the Central Government or any State Government or […]

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Difference between FDI and FII

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The Foreign investment pertains to those investments which made by the residents of a country in the financial assets and production processes of another country. From country to country its effect varies. It can affect the factor productivity of the recipient country and can also affect the balance of payments. Foreign investment provides a channel […]

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Documentation and formalities to form a Trade Union

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Form A Date the…………. day of……………. 19…… 1. We hereby apply for the registration of a Trade Union under the name of …………………………………….… 2. The address of the head office of the Union is …………………………………….… 3. The Union came into existence on the………………..…… day of …………..……. 19 …………………… 4. The Union is a Union of […]

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How to form a Joint Venture in India?

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A foreign company can invest in an Indian company through a joint venture agreement in the areas which are otherwise not reserved exclusively for the public sector or which are not under the prohibited categories such as real estate, insurance, agriculture and plantation. Foreign Companies can set their operations in India by forming a joint […]

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How to form a Political Party in India?

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An application for registration is to be submitted to the Secretary, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi-110001 in the Performa prescribed by the Commission. The Performa is available on request by post or across the counter from the office of the Commission. The Performa and necessary guidelines are also available on […]

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