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Legitimacy of Law

Introduction Law is a set of rules and regulation framed by the government so that the people of country as well as government can follow them. When it comes to law most of people are scared from the law they think that the law will not give their rights and freedoms but they are wrong. Laws are framed for the country only so they can know about them and can claim their rights. Well our system is not performing according to their competency. The country has passable laws but glitches arise when they are not implemented in letter and spirit and many people seek legal recourse when such problems arise. There are laws for almost everything. For example they have labor law, narcotics act, IPC etc. But still India is lacking behind in the name of justice and there is exploitation of the people who are living in the country. India has a common law legal system innate from the colonial era. India follows the laws passed by the britishers, they passed Indian Contract Act, Indian Penal Code... Read More

Demonetising India : Time for India to emerge as a Cashless Economy.

The Demonetisation Step At 8 p.m. on the 8th of November, 2016, Prime Minister Narendra Modi, declared the demonetisation of the currency notes of Rs. 500 and Rs. 1000, rendering them invalid as legal tender, through a live-telecast. The Indian currency has been demonetised twice before in 1946 and 1978, however the recent announcement came as a shock to the Indian population. The government cited reasons such as curtailing the circulation of ‘black money’ and tax evasions in the economy. The populace was greatly inconvenienced due to the non-availability of cash, on the 8th of November; the transactions in those denominations of currency amounted to 14.2 lakh crores, around 86% of total cash transactions. The move was further led by non-ending queues outside banks and political discussions. Reason behind the drastic move The main reason that governs the strong move of Demonetisation taken by the Government is the pervasiveness of black money and tax evasion in the Indian Econ... Read More

8TH FUNDAMENTAL RIGHT--- "To develop the scientific temper, humanism and the spirit of inquiry and reforms"

Medha varshney

FUNDAMENTAL DUTIES FACING THE INADEQUACIES IN THE IMPLEMENTATION OF SOCIAL JUSTICE PROVISION DUE TO NON JUSTICIABLITY OF DIRECTIVE PRINCIPLES, COMMENTATORS HAVE ALSO POINTED OUT THAT OUR CONSTITUTION IS EMBATTLED AND IMPERILLED BECAUSE WE HAVE FAILED TO IMPREGNATE OUR SOCIAL AND POLITICAL PROCESS WITH PATRIOTIC ZEAL AND FULFILL THE ASPIRATIONS. TO OVERCOME THIS REALITY ARTICLE 51-A AND PART IV-A WERE INTRODUCED BY 42ND AMENDMENT IN 1976. Everyone has duties to the community in which alone the free and full development of his personality is possible (1) For understanding the fundamental duties is it necessary to know the basic meanings of these terms. Fundamental Something that is an essential or necessary part of a system or object. (2). fundamental means the basic feature of law. Why this law is prevailing in our country. As we can also say “our birth right”. Duties A duty mean that some person has to do something or abstrain from doing something in favour of another pers... Read More

CASE STUDY: PETITIONER: BHARAT BHAWAN TRUST Vs. RESPONDENT: BHARAT BHAWAN ARTISTS ASSOCATION & ANR.

Medha varshney

PETITIONER: BHARAT BHAWAN TRUST Vs. RESPONDENT: BHARAT BHAWAN ARTISTS ASSOCATION & ANR. 22 August, 2001 CASE NO. : Appeal (civil) 5614 of 2001 BENCH OF JUDGES: • S. Rajendra Babu • Shiva raj V. Patil INTRODUCTION Bharat Bhawan Trust, appellant herein, was established under the Bharat Bhawan Nyas Adhiniyam. The main objects of the said Trust are to preserve and explore, innovate, promote and disseminate arts and to manage and expand Bharat Bhawan as a national centre of excellence in creative arts. Section 2(a) of the ID Act defines Bharat Bhawan to mean the structure for multi-arts centre built in Bhopal and includes the premises described in the Schedule with all buildings contained therein together with all additions which may be made after the commencement of the Act. Under the Schedule to the Industrial Dispute Act, apart from describing the boundaries it has been described to include - 1. Roopankar, the Museum of Fine Art, 2. Madhya Pradesh Rang... Read More

RULE OF LAW

Medha varshney

“No matter what your position is, if you have the citizenship you have to follow the rule of law” Rule of law means that there is a special principle which has to be followed by the government and all the law making bodies and citizens itself. Rule of law also means the supremacy of law. Law governs the country that if only written provision is given then only it must be followed, without given in legal provisions no one is bound to follow. Every citizen who have citizenship of their respective countries and law makers are subject to law. They all are governed under one law and has to follow all principle which are codified acc. to their constitution. The expression 'Rule of Law' has been derived from the French phrase 'la principle de legalite', i.e. a Government based on the principles of law. Administration of justice i.e. the person is of any status (higher or lower) he has to follow the norms enacted in the law. Therefore govt. works only with the written procedure which som... Read More

prevent women from sexual harrassment at workplace

Medha varshney

SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 Says- defend ladies from sexual harassment at their place of work. Approved - the bill got the assent of the president on 23 April 2013. Enforce –on 9 December 2013, the bill was printed within the gazette of India as act no. 14 of 2013. PASSED – In 2010, the bill was introduced within the Lok Sabha. September 03, 2012 bill was amended and re-introduced in the Lok Sabha & Rajya Sabha on 26 February 2013. Workplace includes :-- place visited by the workers arising out of or throughout the course of employment,- transportation provided by the leaders for the aim of travelling,- the place of employment. LEGISLATURE DRAFT PROTECTION OF LADIES AGAINST HARASSMENT AT WORK BILL, 2007 approved by the union cupboard. How introduced- S.C. Of India Introduced This Statute Supervene Upon The Vishaka Guidelines For Prevention Of Sexual Harassment- In 1992, a woman employed with the agricul... Read More

Juvenile Justice System

Medha varshney

In 18th century, the first legislation deal with child committing crime was Apprentices act, 1850 -it provide the punishment for petty offences to children below age of 15yrs. In reformatory school act, 1897- provide children up to age of 15yrs sentenced to imprisonment would send to reformatory cell. Juvenile justice act, 1986- brought uniformity-later amended to juvenile justice (care & protection) act, 2000. In India, many offences was committed and still continue and never stops but there is severe problem because of which laws must be made in respect of such crimes. Children’s are treated as god soul & national assets. The experienced peoples and society has to take care of their children’s that they shouldn’t go under any bad activity. It is also the duty of the government to provide proper opportunity to children’s to get equal opportunity for development which reduces inequality. It is require that the children’s must be respectful and obedient but due to... Read More

Intellectual Property Patents and Pharmaceutical Industry In India

Samriddha Gooptu

INTRODUCTION : The pharmaceutical sector in India is a well established, prosperous and technologically advanced industry, which has evolved and developed at a steady and constant rate over the preceding three decades. Presently, a large portion of the pharma-industry is dominated by multiple privately owned Indian companies due to industry-friendly government policies and limited competition from overseas pharmaceutical companies.[1] However, due to liberalisation in the Indian economy, many overseas pharma-giants have stepped into the market. Factors relating to protection of intellectual property seem to be taking an upward slope with growing scenarios and needs to ensure safeguarding of high-scale investments in research and development (R&D). Therefore, measures are being taken to restrict adversities relating to enforceability and execution of already prevalent intellectual property laws. The Indian government therefore too has taken considerable steps in establishing a... Read More

Corporate Social Responsibility In India

Samriddha Gooptu

Introduction: Corporate Social Responsibility (CSR) as a concept over recent years has been the primary epicentre for numerous deliberations and research. It has evolved and developed both at the academic as well as the business world. A wide and detailed definition of the term CSR was given by the European Union (EU). The definition reads “ the concept that an enterprise is accountable for it’s impact on relevant stakeholders. It is the continuing commitment by business to behave fairly and responsibly, and contribute to economic development while improving the quality of life of the work force and their families as well as the local community and society at large…..”. [1] On simpler terms CSR refers to ensuring the success of the business by inclusion of environmental and social deliberations into company matters. It basically means meeting out to the expected demands of the shareholders and customers, simultaneously managing the expectations and demands of other stakeholde... Read More

Issues and problems with Online Legal Services in India

I was reading the story of one of the first movers in the Online Legal Services industry and was not so surprised to see that one of their Clients has published a comment on their service wherein the Client, who hired a Lawyer from Bangalore through their platform, had to pay advance amount of Rs. 22,000/- without getting the “proper” legal service. Here, I am neither trying to qualify the services of the lawyer nor the online services being provided by this Company. What I am trying to bring to fore is that there are many known and unknown issues with the Legal sector and one cannot claim to know and understand everything about it. If one claims to know, then may be at his/her own peril. The caveat emptor will not work here. Legal sector is uncharted territory and one can see lots of beautiful mermaids (read opportunities) in it but the moment one starts wading or swimming towards them then one realizes that the water is full of piranhas. You get bitten many a times and even fal... Read More

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