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
Legal Articles Legal Effect Of Amendment To Section 56(2) Of Income Tax Act, 1961 September 26, 2012 by Garima Shahani | 16 Comments on Legal Effect Of Amendment To Section 56(2) Of Income Tax Act, 1961 Garima Shahani NOTE ON LEGAL EFFECT OF AMENDMENT TO SECTION 56(2) OF INCOME TAX ACT, 1961 ON ANGEL INVESTMENTS ABSTRACT The Union Budget 2012 has introduced a new clause in the Income Tax Act, 1961, according to which, with effect from April 1, 2013, that portion of consideration received for the issue of shares of […] Read more » 2. SEBI AIF Regulations 3. Objective of the Amendment to Section 56(2) of the Income Tax Act1961 ANGEL INVESTMENTS Category I AIF under SEBI (AIF) Finance Act 2012; Income Tax Act 1961; SEBI (Alternative Investment Fund Regulations) 2012; angel investors LEGAL EFFECT OF AMENDMENT TO SECTION 56(2) OF INCOME TAX ACT Section 56(2) Of Income Tax Act 1961
Legal Articles Entry of Foreign Law Firms into India –Yes or No? September 25, 2012 / September 26, 2012 by Sandeep Suresh | Leave a Comment It is the time of globalisation and opening up of economies, where competition is the buzzword. The Indian Supreme Court has passed an Interim Order which contradicts that buzzword, in the case of Bar Council of India v A.K. Balaji and Ors.(Petitions for Special Leave to Appeal (Civil) Nos. 17150-17154/2012) by holding that Foreign Law […] Read more » A.K. Balaji Act and the Bar Council of India Rules Advocates Act Advocates Act and the Bar Council of India Rules argument of Navroz. H. Seervai Bar Council of India Bombay High Court in Lawyer’s Collective Bombay Law Reporter case of A. K. Balaji v Government of India economic growth of India Foreign Exchange Regulation Act Foreign Law Firms cannot practise in Indian courts Foreign Law Firms into India Foreign Law Firms/Lawyers to practice in India Hereinafter A. K. Balaji Hereinafter Lawyer’s Collective International Arbitration hub international commercial arbitration Interpretation of ‘to practise the profession of law’ Justice Anil. R. Dave passed Justice R.M. Lodha Lawyer’s Collective case Petitions for Special Leave to Appeal render legal advice to its clients in India on foreign law Reserve Bank of India to practice the profession of law
Legal Articles Advertisement and freedom of speech September 25, 2012 / September 26, 2012 by Tripti Malhotra | 1 Comment on Advertisement and freedom of speech “Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties”. – John Milton The essence of free speech is the ability to think and speak freely and to obtain information from others through publications and public discourse without fear of retribution, restriction, or repression by the government. […] Read more » ADVERTISEMENT and FREEDOM of SPEECH Advertising of harmful products Advertising Regulation in India Anchor Health & Beauty Care Private Limited Articles on freedom of speech Bait advertising case of Reckitt & Coleman of India Ltd Cigarettes and other Tobacco Products act Colgate Palmolive (India) Limited Commercial advertisements Consumer Protection Act Curtailment Of The Advertisements Drugs and Magic Remedies acts efficient at global level Emblems and Names Act European convention on Human Rights and fundamental freedoms Freedom of Expression freedom of speech HamdardDawakhana (WAKF) LalKuan HamdardDawakhana's cas Indian Express Newspapers (Bombay) Private Ltd Indian Express Newspapers's case Indian Penal Code Indian Telegraph Act INFORMATION TECHNOLOGY ACT International Covenant on Civil Laws Imposing Restrictions On Advertising Misleading & Surrogate Advertising Monopolies and Restrictive Trade Practice act Part Of Freedom Of Speech And Expression Political Rights Prenatal Diagnostic Techniques Act Prohibition of Advertisement and Regulation of Trade and Commerce Puffery/Fraudulation Reliance Petrochemicals Ltd Right To Advertisement SEBI Transplantation of Human Organs Act Universal Declaration of Human Rights Violates Consumers' Right to Choice Violates Consumers' Right to Information Violates Consumers' Right to Safety
Legal Articles Violence against women September 25, 2012 / September 26, 2012 by Suksham Aggarwal | Leave a Comment Women constitute almost half of the segment of society. Domestic violence, sexual assault, and other forms of gender-based violence deprive women and girls of their fundamental ability to live with dignity. Governments, institutions, laws, and policies contribute to the systematic devaluation of the lives and safety of women and girls by failing to respond to […] Read more » contributing equal with to economy covert abuse domestic violence economic deprivation forms of gender-based violence deprive women and girls fundamental rights gender equality gender-based violence Indian Penal Code intimate-partner abuse intimidation mental and emotional abuse norms to help working women against sexual harassment outraging the modesty of women penalizes all forms of physical violence against individuals physical aggression right to life and liberty sexual abuse Sexual assault sexual harassment of women at workplace results in violation solicitor general of India to formulate certain guidelines Victims of domestic violence Violence Against women Violence continues not only at domstic places Vishakha judgement women bear the brunt of domestic violence
Legal Articles Procedural Fairness: Article 14 September 24, 2012 / September 24, 2012 by Aditya Singh | Leave a Comment INTRODUCTION “If you are a man who leads, Listen calmly to the speech of one who pleads; Don’t stop him from purging his body Of that which he planned to tell. A man in distress wants to pour out his heart More than that his case be won. About him who stops a plea One […] Read more » COMPONENTS OF RIGHT TO BE HEARD Procedural Fairness: Article 14 Rule of Fair hearing