Trends in India''s ECB policy [Neha Saini]
The government decided on 2 June 2008 to allow entities in the service sector viz. hotels, hospitals and software companies to avail ECB up to USD 100 million, per financial year, for the purpose of import of capital goods under the Approval Route. All other aspects of ECB policy shall remain unchanged. |
We need a fresh approach to human resources in legal services [Amit Chowdhury]
Indian legal education is characterized by clueless-ness on the part of the faculty regarding actual developments in the legal field, as well as negligible understanding of the interplay between business and law and how they shape each other. |
A short note on cameras in the courtrooms [Deepti Sinha]
On the other hand, several hold the view that cameras in the court rooms would prove to be beneficial as it would allow transparency in the judicial system and would help open justice to the scrutiny of all. |
A brief note on custodial death in India [Niranjan Man Singh, Prashant Roy]
One of the causes of custodial deaths is the tremendous pressure on the police to detect cases whenever there is a surge in crime, and particularly heinous crime. It is the police who are singled out for blame. Unfortunately many officers opt for rough and ready method for quick results. |
Role of the Central government in promoting ADR [Renuka Aloria]
According to the information available as on 1st July, 2004, 29,315 cases were pending in the Supreme Court; 35,27,282 in different High Courts and 2,27,57,693 cases were pending in the Subordinate Judiciary. |
The demarcation of liability in international law [Vijay Purohit]
As the international law of responsibility has evolved, it has seemed to be accepted that traditional notions of the responsibility of states could coexist with the newer principles of international criminal law, which are based on individual responsibility of persons. The Genocide Convention speaks about dual responsibility, that is, of state as well as individual. |
Test of ''aggrieved person'' for appeals [Abhas]
the parties affected by the outcome of a suit might not necessarily have been parties to the original suit and hence in order for such parties to be allowed to appeal, a simple rule allowing only the parties to a suit to appeal against the decree passed by the trial court might prove to be detrimental to the interests to the parties which were not parties to the suit but were nevertheless affected by the decree passed by the trial court. |
Role of the audit committee in corporate governance [Abhas]
As far as the United States of America is concerned, the Securities and Exchange Commission (SEC) has been very serious about introducing rules strengthening the audit committee so as to protect the interests of the investors in a better manner than before. In December, 1999 the SEC adopted several new rules based on the recommendations of the report submitted by Blue Ribbon Committee on Improving the Effectiveness of Corporate Audit Committees. |
Equitable remedies are discretionary: a critical analysis [Abhas]
Once a legal right and its infringement are proved, the suitor is entitled to his common law remedy as of right. But in the case of an equitable remedy the court is not bound to grant it even though the infringement of a right has been established; the court may yet refuse the equitable remedy if the conduct of the applicant is such that it would be unconscionable to assist him. |
Anticipatory bail [Prashant Abhilekh, Rini Rao]
The Commission has noted that the concurrent jurisdiction of the court of session and the high court under s. 438 has generated much avoidable litigation. The Code of Criminal Procedure, 1973, has not prescribed any specific order in which the two alternative concurrent forums are to be approached for the grant of anticipatory bail. |
Jurisdictional issues in the prosecution and punishment of cyber crime [Amal S. R.]
The developing law of jurisdiction must address whether a particular event in cyber space is controlled by the laws of the state or country where the website is located, by the laws of the state or country where the internet service provider is located by the laws of the state or country where the user is located, or perhaps by all of these laws. |
Patentability of micro-organisms [Manpreet Kaur]
The huge strides made in the area of biotechnology portend that innovative enterprise and inventions should be protected from unwarranted encroachment. In the developed countries, such as USA, micro-organisms have been granted patent since the landmark decision in Diamond v Chakravarty. Such broad and expansive protection has augured well for the biotech industry. The TRIPS agreement is also resonant of the American position. |
Law and reality in occupied Tibet [Tarini Mehta]
Torture is still used in prisons and labour camps, even though in 1988 China ratified the UN Convention against torture and other cruel, inhuman, or degrading treatment. In November 2005 the United Nations Special Reporter on torture visited China and Tibet and confirmed that torture was still very widespread, leading to a “culture of fear”. |
Formation And Validity Of E-Contracts [Dr. Gokulesh Sharma & Sakshi Parashar]
Majority provisions of the present Electronic Commerce Act, 1998 have been borrowed from various foreign enactments in this regard. The provisions of Singapore Electronic Transactions Act and ABA Digital Signature Guidelines have been widely borrowed for the formation of the present enactment. The provisions of the various other foreign enactments have also been used to some extent and very few provisions are their which has either not been borrowed. |
Democracy and judicial imperialism [Kavita Jitani]
During the last year and a half, the turf war between the judiciary and legislature have become fiercer with the legislature and the executive alleging that the judiciary is intruding in their space. The apex court, on its part did nothing in this period to make matters easier. |