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TRAC PROPOSED DRAFT TAKEOVER CODE REGULATIONS 2010

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 A COMPARATIVE STUDY WITH REGULATIONS 1997 1.1. Introduction: From the beginning of the Takeover Regulations, 1997 up to know more than twenty three amendments has been made. But at present there is a steady increase in corporate restructuring by the Indian companies in order to stand in the race of competition filed the number of […]

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An Analysis of the Interaction of Psychology and Crime

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Psychology and crime these two are prime facie two distinct things, but actually psychology is connected in many ways to the different aspects of crime; specially in the last 50 years the attention is shifted on the interaction of these two by criminologists, jurists and scholars. How the criminal tendency is developed, it is intrinsically […]

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Representations and Warranties

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 1.0. Introduction: Every contract includes Representations and Warranties and these are the underlying facts as presented by one party to another with the intent that the other party will rely on them to their detriment. Generally the party will represent and warrant as to one or more facts. But when using both the terms in […]

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Anti-terrorism Laws: Distinguishing Myth and Reality

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“The country has been in the firm grip of spiraling terrorist violence and is caught between deadly pangs of disruptive activities. Apart from many skirmishes in various parts of the country, there were countless serious and horrendous events engulfing many cities with blood-bath, firing, looting, mad killing even without sparing women and children and reducing […]

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Human Rights Education in India

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“All human beings are born free and equal in dignity and rights”. So stated Article 1 of the Universal Declaration of Human Rights in 1948. This is what the Indians have been preaching since times immemorial as it has become the immemorial customs of our nation .Human Rights are a fundamental value. There is a […]

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‘RIGHT TO DIE’-TRULY A RIGHT?

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       The implication of the term “euthanasia” is itself shrouded in ambiguity. Derived from the Greek word “euthanatos” connotes “good death”. To reiterate the judicial pronouncements in the Indian context, good or happy death would imply the ebbing of life the natural way. Euthanasia is defined as an “intentional killing by an act/ omission of person […]

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Federal Principle Under the Indian Constitution – A Perspective

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A constitution is the legal document in which various governing principles are established, functions and procedural aspects of the government are specified under which different organs of the government work. Constitution is the supreme law of the land which is ascertained by Kelsen as the “Grund Norm” in his Pure theory of law. American Constitution […]

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THE NATIONAL IDENTIFICATION AUTHORITY OF INDIA BILL 2010

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From:  Sharmila Bellur  AN ANALYSIS OF THE DRAFT BILL INTRODUCTION The Unique Identification Authority of India was constituted and notified by the Planning Commission on 28th January, 2009 as an attached office under the aegis of Planning Commission and the National Identification Authority of India Bill, 2010 (referred to as “the Bill” hereinafter), was circulated […]

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Bio Medical Waste Management In Hospitals

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BY:-Samridha Neupane Vth Year NALSAR University of Law,Hyderabad   INTRODUCTION Hospital is a place of almighty, a place to serve the patient. Since beginning, the hospitals are known for the treatment of sick persons but we are unaware about the adverse effects of the garbage and filth generated by them on human body and environment. […]

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HONOUR KILLING : A CURSE TO HUMAN DIGNITY

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BY :-BINEETA MITRA (5th semester) 3rd year GENESIS “Honour killing” is an age old social evil whose frequency has escalated in the recent past. Khap Panchayats, which are a system of social administration in rural areas since ancient times, are being blamed for these long series of killings. While these Panchayats  (assembly) had some role in […]

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Indian Perspective of Right to Health

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     BY:-Ms. Deepika Sood                                                                                                                                              India has been independent for 63 years but India has yet to provide its citizens the basic amenities like food security, health care, housing and good environment which are the basic amenities for a reasonable human existence. A highly inequitable health system has denied quality health care to all those who cannot […]

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Torture is a Crime : Issue and Perspective

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  Introduction  The practice of torture is endemic in India. It is believed that torture, in its cognate and express forms, is practised in every police station in the country. Torture in police custody involves a range of practices including position abuse, shackling, beating with canes, batons, iron rods and rubber pipes, the pouring of […]

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Criminal Breach of trust Under IPC: A Critical Analysis

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  Author’s Introduction  Name-     Avneesh Kumar, 3rd year student of B.A.LL.B. (Hons),  Dr. Ram Manohar Lohiya National Law University Introduction Section 405.  of  IPC defines Criminal breach of trust in the following words-  “Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use […]

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Registered users and Registered Proprietors Under the Trademark Law

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From: Nandita Narayan Registered proprietors and registered users[1] Introduction A consumer is duped if he buys a commodity presuming it to have originated from a certain identified source when actually it is not, and later he finds the commodity substandard. In the process, the reputation of the trader suffers. The interest of both the consumer […]

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SOCIO ECONOMIC SURVEY OF THE PROJECT AFFECTED FAMILIES

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Mohan Rao Bolla, Former Principal, R. G. I. Law,   Asst. Prof. DNR College of Law, Bhimavaram  Researcher guided by Prof. Annam Subrahmanyam, Andhra University, Visakhapatnam.  SOCIO ECONOMIC SURVEY OF THE PROJECT AFFECTED FAMILIES    The  Initiative   KAKINADA SPECIAL ECONOMIC ZONE PRIVATE LIMITED (KSEZ), having been endowed with an objective of setting up of industrial establishments contributing for […]

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LOKPAL BILL – FROM MILESTONE TO MIRAGE.

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 BY:- G.L.VERMA   Concept of Lokpal as an  institution to probe corruption charges against top echelons was first mooted in year 1960 when K.M.Munshi,         (a member of Constituent Assembly) advocated  for conferring the status of  legal independence  with powers of a court.  M.C.Setalvad, a veteran legal luminary joined the issue and vociferously demanded for setting up […]

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Intention To create Legal Relations in (1.) Domestic and Social Agreements (2.) Commercial Agreements

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Author’s Introduction Name-     Avneesh Kumar,  3rd year student of B.A.LL.B. (Hons),  Dr. Ram Manohar Lohiya National Law University  E-mail-   akakak.kumar7@gmail.com    Mob-        (0) 9548306485. Mob- 2    (0) 9319396563    Title- “Intention To create Legal Relations in (1.) Domestic and Social Agreements (2.) Commercial Agreements”   Introduction Apart from offer, acceptance, and consideration, the final ingredient for […]

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Human Rights Violation

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By: Deepesh Mittal V Year, B. A.LL.B. New Law College, Bharati Vidyapeeth University, Pune “It is the obligation of the State to ensure everyone the right to adequate food, education and enjoyment of highest attainable standards of physical and mental health. These rights have to be respected and made available to the citizens by the […]

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Protection of Trade secret and Confidential Information : India Perspective

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INTRODUCTION In today’s globalised economy, the organization are protecting its intellectual property by adopting the available measures in form of patents,copyright,trademark etc. but besides these popular IP rights there are other IP rights not so popular but which are recently drawing attentions all over the world- Confidential Information and Trade Secret. Confidential information and trade […]

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CONTINUING PROFESSIONAL LEGAL EDUCATION IN INDIA

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By: Prerna Chopra I. INTRODUCTION “I don’t feel stupid, just inadequate. After three years of studying the law, I’m very much aware of how little I know.” – John Grisham (The Rainmaker) In the legal profession in India, professional development has traditionally been considered as a one-time affair, occurring at the stage of pre-service education. […]

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Investments In ‘Z’ Category Stocks

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-An Analysis- By Sukumar Agarwal ‘Z’ Category Stocks: Companies trading on NSE, BSE and other stock exchanges in India are categorized in different segments ranging from ‘A’ to ‘Z’ segment. The ‘Z’ category of stocks is the least traded segment among the listed categories. The stocks listed in this group have low share prices and […]

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Tryst with General Public License, Version 3 (GPL v.3)

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CONTENTS 1. Concept of GPL 2. Basic principles of Free Software 3. Use of source and non-source codes      3.1 Source code-programmer’s creativity     3.2 Conflicting interests between free software & proprietary software     3.3 Linking of codes 4. Upsurge in GPL     4.1 GPL- A Viral license     4.2 Microsoft’s concern with GPL ‘viral […]

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Liability for Misstatement in Prospectus: Where to stop?

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BY:MANENDRA SINGH Introduction  This article focuses on the wide applicability of liability provisions with respect to any misstatement made in the context of a prospectus issued by any company whereby it asks the public to invest money. The liability regime for the misstatement has been fluctuating ever since the time corporate personality came into existence. […]

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Reconstruction and Amalgamation

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BY:NISHANT ARORA I.        INTRODUCTION The company wished to avoid being wound up and negotiated a scheme in which the existing shareholdings in the company would be transferred to a new company which would take over the company’s undertaking and assets as well as its debts. This was to be effected by a scheme for reconstruction […]

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