Labour & Employment Laws Legal Articles CHILD LABOUR and EXPLOITATION in India November 15, 2012 by Legal India Admin | Leave a Comment Introduction In the developing world the problem of child labourers has spread like a tsunami. Just like in tsunami, how one by one wave usually comes and leaves behind scenes of destruction; in the same manner every child who is exposed to child labour, one by one, moment by moment they go far away from […] Read more » Article 24 Article 45 CHILD LABOUR child labourers child trafficking future and childhood In the Indian Constitution Indian Constitution International Labour Organisation (ILO) joyful childhood National Agenda for Governance (1998) National Child Labour Project under the Ninth Plan No child below the age of 14 years The Cabinet Committee on Economic Affairs The Cabinet Committee on Economic Affairs (CCEA) The kidnapped children The National Policy on Child Labour
Legal Articles FULL EMPLOYMENT THROUGH CHARKHA November 14, 2012 / November 14, 2012 by Atul Kumar Jain | 3 Comments on FULL EMPLOYMENT THROUGH CHARKHA Atul Kumar Jain FULL EMPLOYMENT THRU CHARKHA(Gandhi’s Spinning-wheel) gurantees full employment to existing 4 crores unemployed citizens The issue of unemployment embraces the entire society—its values, culture and attitudes. Unfortunately, millions of people in South- east Asia, Africa and Latin America suffer from the curse of un-employment and are doomed to live in extreme […] Read more » FULL EMPLOYMENT THROUGH CHARKHA
Legal Articles Labour Jurisprudence and Indian Prisons: A Drift towards Reformation November 9, 2012 / November 9, 2012 by Shivani Singh | Leave a Comment Shivani Singh Under the scars and the tattoos Dwells a man who cares. Under the hate and the anger Lives love and compassion. Under the mask of “Damn it, I just don’t care!” Lives hope and dreams. Under the “I don’t need anyone” role I play Is a desire to trust. Under the blood stains […] Read more » All India Jails Committee of 1919-20 correctional institutions Indian Penal Code Indian Penal Code (Amendment) Bill 1972 Indian Prisons Labour and work in prison Labour Jurisprudence prison labour Reasonable Wages in Prison Right to Reasonable Wages in Prison Tihar Jail Factory Wages in Prison
Legal Articles The Rights of Persons with Disability Act, 2011: A Bird’s Eye View November 1, 2012 / November 9, 2012 by Dr.P .Sailaja | 3 Comments on The Rights of Persons with Disability Act, 2011: A Bird’s Eye View Dr.P.Sailaja• More than 650 million men, women and children in the world suffer from either mental or physical disability. Most of them live in the developing world. They suffer from discrimination and lower standard of living. They are often denied basic educational opportunities and often given menial or poorly paid jobs. Social attitudes exclude them […] Read more » 2011 Cerebral Palsy Court of National Disability Commissioner: mental retardation Multiple Disability Act 1999 Persons with Disability Protection of Rights and Full Participation Act Rehabilitation Council of India Act 1992 Rights of Persons with Disability The Rights of Persons With Disabilities Bill Welfare of Persons with Autism
Legal Articles Inherent Power of Civil Court-a Hand Maid of Justice! October 30, 2012 by Mohan Rao Bolla | 5 Comments on Inherent Power of Civil Court-a Hand Maid of Justice! Prof. Dr. Annam Subrahmanyam, and (Dr.) Mohan Rao B., The Code of Civil Procedure, 1908 (CPC) consolidated and amended the laws relating to the procedure of the Courts of Civil Judicature in India. All the rules of procedure are the handmaids of justice. The language employed by the draftsman of processual law may be […] Read more » act inconsistent with the Code Code of Civil Procedure 1908 Continuation of Infructuous Suit CPC Law Not Powers over the Substantive Rights Order Obtained by Fraud Recall Judgment Restoration of Money Suit Section 151 of the CPC
Legal Articles “THE LAW ON TDS” October 8, 2012 / October 8, 2012 by Anumita Sarkar | 7 Comments on “THE LAW ON TDS” Anumita Sarkar SECTION-194C “THE LAW ON TDS” As famously said by Albert Einstein, “The hardest thing in the world to understand is the income tax”, the provision of TDS is “the source of income for purposes of the income tax” & one of the most controversial & litigated provision is Sec-194C incorporated under Chapter-XVII-B of the […] Read more » 1961 COMPOSITE / INDIVISIBLE CONTRACT DIVISIBLE/ SEPARATE AGREEMENT CONTRACT OF SALE CONTRACT OF SALE CONTRACT Contracts for Sale of Goods DEBATE ON APPLICABILITY OF TDS Income Tax Act INDIVISIBLE CONTRACT POSITION OF A SUB - CONTRACTOR PROVISION OF SEC-194C REIMBURSEMENT OF EXPENDITURE scope of an advertising contract section 194C or 194-I SEPARATE AGREEMENT tax deducted for release of advertisements WORK CONTRACT
Legal Articles World Trade Organization September 27, 2012 / October 9, 2012 by Tripti Malhotra | Leave a Comment Tripti Malhotra The World Trade Organization (WTO) is the most powerful legislative and judicial body in the world. By promoting the free trade agenda of multinational corporations above the interests of local communities, working families, and the environment, the WTO has systematically undermined democracy around the world. Unlike United Nations treaties, the International Labor Organization […] Read more » Central American Free Trade Agreement Doha Development Agenda domestic telecommunications sectors Dominican Republic effective international agency Encourage Non Governmental Organizations environmental protection and community development Fair Trade labeling Free Trade Area of the AmericasFree Trade Area of the Americas GATT-WTO system General Agreement on Tariffs and Trade General Agreement on Trade in Service interests of local communities International Labor Organization conventions International Labor Organization provides International Monetary Fund and World Bank least-developed countries negotiating least-developed countries’ economies MFN Treatment Most Favored Nation multilateral environmental agreements Non-Agricultural Market Access Non-Tariff Barriers North American Free Trade Agreement right to profit Trade Related Intellectual Property’ rights United Nations treaties working families World Forum of Fish-harvesters World Forum of Fish-workers World Trade Organization WTO
Legal Articles Winding up of a company September 27, 2012 by Tripti Malhotra | 1 Comment on Winding up of a company Tripti Malhotra Winding up of a company is defined as a process by which the life of a company is brought to an end and its property administered for the benefit of its members and creditors. In words of Professor Gower, “Winding up of a company is the process whereby its life is ended and […] Read more » Amalgamated Commercial Traders (P) Ltd Audited Balance Sheet and Profit & Loss account Board of Financial and Industrial Reconstruction Companies Second Amendment Act company act Company doomed to trade unprofitably Company Law Board Company Law Board Regulation Court in Madhusudan Gordhandas and Co. CREDITOR'S VOLUNTARY WINDING UP Declaration of Solvency English Companies Act Facts must justify winding up Halsburry's Laws of England Kapadia C.J. begins his analysis M Satyanarayanavs Stiles India Ltd Madhu Woollen Industries Pvt. Ltd Members' voluntary winding up National Company Law Tribunal NATL Technologies Ltd Pierce Leslie & Co. Ltd Powers of Tribunal Re General Company for Promotion of Land Credit Right of Central Government to apply RIGHT TO COMPLAIN MISMANAGEMENT Role of Company in Voluntary Liquidation strictosenso Violation of Memorandum Violation of statutory provisions Violet Ouchterlony Winding up by court Winding up by the Tribunal Winding up is a legal process Winding up of a company
Legal Articles Theories of Press September 27, 2012 by Tripti Malhotra | Leave a Comment Tripti Malhotra Mass media does not operate in a vacuum, the press always takes on the form and coloration of the social and political structures within which it operates. Normative theories were first proposed by Fred Siebert, Theodore Peterson and Wilbur Schramm in their book called “Four Theories of the Press”. At first the word […] Read more » American Society of Newspaper Editors addresses anti-Americanism Aspects of apartheid etc AUTHORITARIAN Authoritarian approach in Western Europe Bias against independent thinking Bias against the journalist Bill of Rights Canons of Journalism Classical liberal perspective combination of Communist ideas communist countries cornerstone of democracy democratic political principles derived from the ideologies of Marx emphasison personal freedom and democracy expansion of economic freedom Fascist regimes government as superior to the media institutions Governmental secrecy HATCHEN’S addition Idealism and Press Theories individual's right to freedom of expression Lack of democracy within media organisations laws governing media operations LIBERTARIAN THEORY Media cannot violate people’s rights modern society based on rise of democracy Normative Theory obsolete and inapplicable for contemporary analysis philosophical climate of the enlightenment priority given to communication freedom Propaganda model of Chomsky and Herman religious freedom revolutionary concept as being illegal social-responsibility ideals some African countries subversive mass communication utilizing the press Theories of Press undermined authoritarianism western theories of mass media
Legal Articles Procedure to investigate suits by or against the government September 26, 2012 by Tripti Malhotra | Leave a Comment Section 79 to 82 and Order XXVII of the Civil Procedure Code, 1908 deal with procedure for investigation of suits by or against the government and public officers. However, these provisions only deal with the procedural rights and liabilities that are enforceable against the government and such persons. The substantive rights and liabilities to be […] Read more » AIR 1989 SC 1530 Procedure to investigate suits