Law of Contempt: Reasonability and Truth as valid defence [Amrita Khemka]
The paper mainly discusses the law relating to contempt law with special reference to its reasonability and truth as a valid defence to an act of contempt. The researcher has highlighted the problem which exists even after truth has been made a defence to an act of contempt. In this light, researcher has discussed two important cases, In Re: Arundhati Roy and the recent Mid Day case. |
Commercial Surrogacy Agreements:-Concept with special emphasis on the Draft Assisted Reproductive Technologies (Regulation)bill of 2008 [Siddharth Aneja]
Surrogate agreements in which a factor of monetary consideration is involved are commonly hailed as a win-win situation by its supporters, as for both the parties involved stand to gain by the surrogacy arrangement. Off late, one will find that there has been a surge in these very kinds’ surrogacy agreements. Couples from western countries are flocking to India to hire a surrogate mother. The specialty of India being availability of trained medical staff and services at inexpensive prices. And another important factor is the willingness of women in India, who agree to become surrogate mother. This has resulted in multitude of issues regarding these surrogacy arrangements. In the present paper, the author will discuss the meaning and scope of commercial surrogacy arrangements and will also examine the international scenario regarding these kinds of commercial surrogacy arrangements. Furth |
Domestic Violence in Marriage: In the light of theories of Feminist Jurisprudence [Rima Bhardwaj]
Author tries to examine why domestic violence in marriage has perpetrated into the society to the extent that it has become socially accepted and absorbed in society. The aim of this article is to segregate this evil from the other righteous norms, thus trying to create a mental block or resistance amongst people towards the undue violence exercised at home. Author argues that hiding the problem of domestic violence under the shadow of traditional practice to be kept within the purview of family, would only aggravate the already silent suffering of the victims. |
Emerging Copyright Issues on the Internet specific to Music Industry - International Perspective [Ishita Shome ]
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Cross- Border Mergers and Cultural Conflicts: A Legal Perspective [Puneet Shukla]
The cross-border merger activity has magnified to a great extent as a result of free market economy. When corporates across boundaries and merge with other, they do not only change a region but also enter into an entirely different cultural background pertaining to the region and the other corporate. These differences often cause conflicts and are a major cause of failure of mergers. Adding fuel to the fire, there is no legislation to reduce the friction to the maximum possible extent. However, the author has tried to analyse the parameters that form the basic cultural attributes upon which codification can be done. This basic principle theory is based upon the principles of jurisprudence according to which, there are certain principles common to all regions and legal systems of the world even if the upper layer of culture and other sources of law are not common. These basic principles, |
Reconciling the Incongruity and foresight in the OBC judgment [Rishab Kumar and Karan Tyagi]
The architects of our constitution had a noble dream of securing for the citizens of India a truly egalitarian society, a land of equality and more importantly of equal opportunity. Recently, the Central Government introduced the 93rd Constitution (Amendment) Act, 2005 and the Central Educational Institution (Reservation in Admission) Act, 2006. Both the Act and the 93rd Amendment are aimed at extending the affirmative action policies to more people. The 93rd Amendment extends the scheme of reservation to all private unaided educational institutions (not including educational institutions administered and established for the purpose of minorities). Whereas, the Act provides for 27% reservation for Other Backward Classes in central educational institutions, taking the total reservation of seats in such educational institutions to 49.5%. Together, the Act and the 93rd Amendment were challe |
Grounds for challenge of an award of Arbitral Tribunal under The Arbitration and Conciliation Act, 1996 [Barkha Garg]
In India, the first piece of legislation was in the form of the Arbitration Act, 1940 on the pattern of English Arbitration Act, 1934 & it remained in force until it was replaced by the new Arbitration and Conciliation Act, 1996. The Arbitration and Conciliation Act 1996 not only possessed the essential features of arbitration that is, as a less expensive, efficient and effective tool of Alternate Dispute Resolution but was also more comprehensive in its outlook than the Arbitration Act 1940. |
World’s perspective on pardoning power: With special reference to Indian scenario [Bhumika Sharma]
The Power of Pardon was historically vested in the British monarch. At common law, a pardon was an act of mercy whereby the king ‘forgiveth any crime, offence, punishment, execution, right, title, debt, or duty.’ This power was absolute, unfettered and not subject to any judicial scrutiny. From this source, it came to find a place in the Constitutions of India and the USA as well as the Constitutional structure of Britain. However it could hardly survive in its unrestrained nature in the democratic systems of these states. Over a period of time, it became diluted in the U.K. and U.S.A. to a limited extent through the exercise of judicial scrutiny. But its greatest dilution has occurred in India. The Supreme Court has conclusively established in the landmark cases of Maru Ram and Kehar Singh that the power of pardon is subject to judicial scrutiny. In subsequent cases, the Court enumerate |
Domain Name Disputes and Cyber squatting: Can Arbitration suffice as a way of resolution [Akshay K. Bose and Sidhartha Mohapatra]
The development in the field of internet has brought out an immense change in the ways in which people use to interact with each other, and do their business in a zephyr of seconds without even moving an inch. This has also become one of the methods in which various companies use to advertise their products by having a domain name registered in their name and the people all over the world browse the website and get information about the company. |
‘India’s Commitment and challenge to the International Arbitration’: A setback for arbitration and investors or the Neo Dimension to the International Arbitration [Tanuj Hazari]
The basic purpose of arbitration is to bring about cost-effective and expeditious resolution of disputes and further preventing multiplicity of litigation by giving finality to an arbitral award. Arbitration continues to grow at a rapid pace, antitrust cases in particular are increasingly being arbitrated and the law is still evolving in relation to the tension between the domestic legitimate claims of a nation and the arbitral finality given to an International arbitral award. |
Alternative dispute resolution in the era of globalisation- An Indian perspective Limitation on judicial review of arbitral awards [Krushi. N. Barfiwala]
The Arbitration and Conciliation Act 1996 was enacted with the objective of eliminating arduous court procedures and proceedings, by giving a reprieve to the parties from long-drawn court battles as well as relieving the courts from undue pressure of work. It intended to minimize the supervisory role of courts in the arbitral process. However, the courts today are still unwilling to cut the umbilical cord so far as arbitration is concerned. This essay aims to examine the relevant provisions of the statute in addition to scrutinizing the judge made laws. An attempt has also been made to outline the position in different countries on the equivalent provisions. |
The Road Less Travelled: Arbitration in India [Shalini Iyengar and Preeta Dhar]
Dispute resolution in India has long been confined to the courts and their inevitable delays instead of exploring alternative methods to achieve the same ends. Looking at the immense backlog of cases in Court today, few would argue that the most ancient methods of solving disputes- arbitration, conciliation, negotiation and mediation- are very much the need of the hour. This paper takes a close look at arbitration in India and undertakes to describe the current scenario, analyze the laws in place and also prescribe certain solutions to solve the lacunae in the present legislations. |
Domain Name Disputes and Cyber squatting: Can Arbitration suffice as a way of Resolution? [Parul Kumar]
Disputes involving domain names that infringe trademarks have become extremely commonplace in recent times. While litigation is one of the modes of dispute resolution in such cases, arbitration has emerged as an extremely popular alternative. This essay examines the efficacy of arbitration as the solution to domain name disputes. |
Taxation of Charitable Institutions: A study of the Legal Position in the Light of the Recent Amendments [Tine Elizabeth Abraham]
Charitable and religious institutions have been conferred a special status for the purposes of taxation in all the different legal systems from the ancient and the medieval times and the same is carried forward in the modern day tax legislations also. The existing jurisprudence in this regard will be contrasted with the changes brought about by the Amendments introduced by the Finance Act, 2007 and 2008. |
Mutual Funds in India [Vibhu Verma]
Mutual Funds constitute a part of a wide spectrum of financial services involving management of funds by investing in various financial instruments on behalf of various individuals among others. Individuals interested to invest in these financial instruments provide the money to the mutual funds that do the requisite research and invest it appropriately. Thereby, the investor avoids direct involvement with the financial market and hence avoids any disadvantage that may accrue to him because of asymmetric information. Mutual Funds earn commission basis on the funds invested. |