Privatization of Air India: Economic and Legal Impacts

In 2017, the privatization of Air India was approved, and in 2018, the Government proposed to unship 76 percent equity share capital of the airline and transfer the management to private entities.[1] However, the offer failed to attract any bidder. Therefore, the Centre planned to divest its entire stake in Air India to attract private entities.

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Sexual Harassment and Me too Movement

We are living in exciting times where the Internet and electronic media is playing ever more significant roles in spreading rumours and delivering news. The barrier of language, region, religion is of bleak significance today since people all over the world can connect to the rest of the world through social media and the internet. This has given rise to more significant legal aspects of regulation and control of electronic media and internet which was earlier a topic only for debates. Mee Too Movement came as a wave over the internet, allowing women to raise their voices and share their experiences surrounding sexual assault.

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Cancellation Of Sale Deed

The Supreme Court consisting of a two-judge bench held that non-payment of the entire sale consideration cannot be a valid ground for cancellation of the sale deed. This statement was recorded by the court in the matter of Vidyadhar v. Manikrao, the court held that the words “paid or promised price or part paid and the promised part” indicates that the actual payment of the full price at the time of the Deed is not a non-final sale sine qua non. The court also held that the non-payment of a certain portion of the price would not constitute the legitimacy of the sale. If the title deed has been transferred and the balance of the sale has not been paid then the title deed cannot be invalid for this reason.

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Live-in Relationships and the Status of Children

A live-in relationship is a practice that has been avoided by Indian society for a long time but nowadays it is in trend. People in India are now evolving and adapting to cultures from western countries. According to Indian law, live-in relationship is not an offense or crime but goes against religious faith in Hindu culture Dharma prefers ‘One man, one wife’. However, society is evolving with time and now people have come out of the shackles of their parochial mindset. Indians are finally ready to accept the change. One of the classic examples of this development is the recent judgment on the decriminalization of Section 377 of the Indian Penal Code, 1860, which shows how Indian laws are also evolving. This article aims to discuss various important aspects of live-in relationships and the status of a child born out of a live-in relationship. What are the remedies available for that child who is born and brought up from a live-in relationship which will not be continued till marriage?

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Analysis of Draft Competition Amendment Bill, 2020

India is the developing economy of the world. Therefore, in order to regulate the market, the Government decided to regulate the market in order to prevent unethical trade practices in the economy. The Competition Act, 2002 was enacted to ensure fair and ethical trade practices in the market. On 20th February 2020, the Government introduced Draft Competition Amendment Bill, 2020 in the public domain. The bill has been prepared by the Committee set up in the year 2018 known as Competition Law Review Committee (CLRC) which submitted its report in July 2019.

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Skin-To-Skin Verdict: Effect on Male Children

Recently in January 2021, the Hon’ble Bombay High Court’s Nagpur Bench created a huge controversy by delivering a verdict where they acquitted an appellant charged under Section 7 of the Protection of Children from Sexual Offences (POCSO) Act. The judgment comes as a huge shock, especially with regards to sexual assualt against male children.

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Position of an Independent Director: Companies Act, 2013

On 1 March 2021, the Securities and Exchange Board of India (hereinafter referred to as “SEBI”) introduced a consultation paper.[1] The paper suggested amendments to improvise the role and the position of an Independent Director (hereinafter referred to as “IDs”) in corporate governance. It proposed to make changes in the provisions of the Listing Obligation and Disclosure Requirements Regulations with respect to the appointment and re-appointment of IDs, the removal of IDs, nomination, resignation, and remuneration of IDs. These changes, if applied in letter and spirit, will change the future of corporate governance. This paper aims to highlight the position of IDs under current provisions and the changes suggested by the SEBI in order to analyze their effect on the role and functioning of IDs in a company.

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Role Of Development Of Indian Infrastructure In Eradicating Poverty

Eradication of poverty has been a major objective of the Indian government in recent times. The base on which growth of the Indian economy is built is infrastructure, where India substantially lacks. However, in recent times in India reduction of poverty and enhanced economic growth has emerged as the main objectives of the government and infrastructural bottlenecks are seen as the major hurdle to achieve that objective.

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Healthcare Scenario in India

The present healthcare system in India is not adequate to deal with the needs and requirements of the current population. The Indian healthcare system is growing at a rapid pace and both the Central and the State governments are taking all the necessary steps to ensure that the highest quality of healthcare services and drugs are available at government hospitals. Healthcare, both in terms of revenue and employment, has been one of India’s largest industries. Hospitals, medical supplies, clinical trials, outsourcing, telemedicine, medical tourism, health insurance and medical equipment are included in healthcare. 

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Rights Of Refugees In India

There has been a great deal of romanticization within national policy circles of the fundamental right to life and personal liberty which is a guaranteed fundamental right under Article 21 of the Constitution of India and its subsequent extension towards the safety and protection of refugees, with an increase in public perception of the same, notwithstanding the repudiating complexities of national security.

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Coercion: Indian Contract Act, 1872

Coercion is defined under section 15 of the Indian Contract Act, 1872 as ‘Coercion’ is the committing or threatening to commit, any act forbidden by the Indian Penal Code, or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement.

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Biometric Data Law And Privacy Concerns

Biometric authentication is widely used today in various fields for verification of identity and its use has heightened to an unimaginable extent. Though the identification process of biometric security systems provides accuracy, it also acquires sensitive data that is vulnerable and can be misused. The usage of biometric data is not new but the uses have broadened over the years. Police have been using biometric data like fingerprinting, DNA tests, etc., for decades now. What is new is the usage of fingerprint to unlock gadgets, using the same for workplace management to keep a track of workers’ time log, etc,. Biometric Databases come along with disadvantages that are in par with its advantages. Biometric information which is categorised as personal information has to be protected and stringent regulations are required for the same as databases can be hacked and sensitive data can be mishandled. This is a significant issue as it is related to privacy, consent and other areas of importance.

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Arogya Setu: Right to Health v. Right to Privacy

The data collection by the Arogya Setu App has triggered a series of questions including: whether the data collected thereof is secured with government agencies? Whether the right to health of the public at large prevail over an individual’s right to privacy? Whether the right to privacy could be waived by the state to secure the right to health? These queries need immediate attention of the government when the App itself is argued to be the subject of varied sorts of security issues.

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TRIPS And IPR Regime In India

The TRIPS agreement came into effect on January 1, 1995. The TRIPS agreement that is Trade Related Aspects of Intellectual Property Rights includes various categories of intellectual property that are patents, trademarks, copyrights, industrial designs, trade secrets, etc. The privileges granted to individuals and organizations for their originality and advancements are a form of intellectual property. Within a certain amount of time, such rights typically offer the producer an exclusive privilege to use his or her invention. Throughout all levels-statutory, bureaucratic and judicial-the value of intellectual property in India is quite well known. This sets up minimal rules for the treatment and promotion of the rights in the member States that, with a view to reduce distortions and hindrances to world commerce, are expected to facilitate effective and consistent protection of intellectual property. The responsibilities resulting from the TRIPS Agreement correspond to the establishment of basic requirements of security within the legal structures and procedures of the Member States.

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Cruelty And Inhumanity Towards Animals In India

Cases of brutality and inhumanity against animals are on the rise, and what has been done to stop them? Several laws in India have been put in place to protect and deter cruelty to animals, but very few are aware of what they are and how they operate. As it has been rightly said by Abraham Lincoln, “I am in favor of animal rights as well as human rights. That is the way of a whole human being”. But in India, many don’t feel precisely the same way.

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Capital Punishment For the Offence of Rape

Rape is a sexual assault which usually involves sexual intercourse or another type of sexual penetration by the accused against the consent of the victim. In ancient times, rape was considered a weapon of war[1]. Women were raped by the soldiers of the enemy’s army and were sometimes raped by HIV positive men. Sexual slavery and systematic rape were declared crimes against women by the UN in 1993.

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Promoter of a Company: Legal Position

Promoter is someone who brings about the incorporation and organization of a corporation. He brings together the persons who become interested in the enterprise, aids in procuring subscriptions, and sets in motion the machinery which leads to the formation itself.
Section 2(69) of The Companies Act, 2013 defines the term “promoter” as a person who has been named in the prospectus or is identified by the company in the annual return referred to in section 92, a person who has control over the affairs of the company, directly or indirectly whether as a shareholder, director and a person in accordance with whose advice, directions or instructions the Board of Directors of the company is accustomed to the act.

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Tax Statutes: Rules for Interpretation

The primary objective of statutory interpretation is to ascertain the Legislature’s intention conveyed expressly or impliedly in the language used. As stated by Salmond, “interpretation or construction is meant, the courts seek to determine the meaning of the Legislature through the medium of authoritative forms in which it is to be expressed.”

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Concept Of Incoming And Outgoing Partners

partnership can be defined as voluntary contract between 2 or more competent persons To put in their money, capital, labour, skill, or some or all of them in a lawful business with understanding that there shall be sharing of profit between them. Incoming and outgoing partners are the two basic kinds of defining the types of partners in a partnership firm.

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Sources Of Indian Constitution

The Constituent Assembly took help from various sources to draft the Indian Constitution. They studied the Constitution of various countries and took the important parts of their Constitution and added them in Indian Constitution like the concept of Fundamental Rights, Fundamental Duties, the Preamble etc. At that time, there were 395 Articles and 8 schedules. The head of the drafting committee was Dr. B.R Ambedkar.

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Informational Privacy And Non-State Actors

The right to informational privacy, as a concept, is a branch or extension of the right to privacy. The Concept has been taken in different ways in different situations. According to Warren and Brandeis “once a civilization has made a distinction between the life of the soul and the life of the body, the idea of a sphere in which men may become and remain himself.”

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Emerging Trends in Unconventional Trademarks

In India, The Trade Marks Act, 1999 regulates and provides for the protection of trademarks. Section 2(1) (zb) of the Act gives the definition of what a trademark is. It provides for specific criteria to be fulfilled for a mark to qualify as a trademark. It lays down that any mark which is capable of being represented graphically and can be used to distinguish the goods and services of one person from the goods and services of another can qualify as a trademark.[1] It also lays down that this mark can also be in the form of a shape of the actual product, packaging, a combination of colours, etc.

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The Dowry Prohibition Act, 1961

Kanyadan became associated with varadakshina, i.e. the cash or gifts in kind by the parents or guardian of the bride to the bridegroom. It was offered out of love and affection and did not constitute any consideration for the marriage. It was a voluntary practice without any coercive force. But slowly and gradually, the voluntary element has disappeared and the coercive element has crept in which is popularly known in today’s world as “Dowry”.

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Tax Structure And Its Economic Implications In India

The Indian economy has experienced a decrease of 18.3% in the economic growth in the second quarter of 2020, the outcome of which was a net growth of just 23.9%. In addition, the fact retains the ranking of India due to pandemic. India is recorded to be the third-worst affected country due to the pandemic by the outbreak of COVID-19.[1] The outbreak of the virus has adversely affected the economy of India, where the businesses were shut and natives didn’t have much of a source for generating income, not only this, the individuals spent a large portion of their savings to survive the period of lockdown and even now, when the lockdown is lifted. The money flow in the economy has come to a stagnant position.

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All You Need To Know About: Competition Commission Of India

The Setting up of the Competition Commission of India regime in India has so far proved to be a much more difficult task in hand than what was initially envisaged. Starting from the last decade the Competition Law in India has seen a lot of twists and turns in its application. Initially, there were two basic laws regarding the implementation of Competition Law in India.

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Revision of Women’s Legal Age for Marriage

Since 1978, the legal age of marriage for girls has been 18 years, while the same is 21 years for boys. As per the Indian Majority Act, 1875, the minimum age of marriage is distinct from the age of majority. Recently the Finance Minister of India, Nirmala Sitharaman, revealed in her budget speech on February 1, 2020, that a task force had been implemented to look into the age of a girl entering motherhood and marriage. This may include revising the legal age of marriage for women from 18 years to 21 years – the same as a man’s legal age for marriage. 

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Abolition of Limited Estate in The Light of Hindu Succession Act, 1956

The privilege of possession of title is significant for one’s opportunity and advancement. In ancient times, the rule of inequality prevailed in society, owing to which females could not avail of their fundamental right of property. But in today’s era, females enjoy certain freedoms. However, many women do not meet their privilege, either because they are uneducated or are ignorant of their legal rights.

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Pre-Packaged Deals In India

Owing to COVID-19, the Government, in an attempt to mitigate the predicaments of companies, decided to suspend the Insolvency and Bankruptcy Code, 2016. The subject of suspension of the IBC gained more impetus when clarification was issued on June 5th, 2020, as an ordinance. Section 10A, which essentially suspended the effect of Sections 7, 8, and 10 for a year, was inserted. The Coronavirus crisis has been a catalyst that led to this development, as the rationale was to protect the interests of the Micro, Small, and Medium Enterprises.

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Arrest And Rights Of An Arrested Person

The expression “arrest” means the detainment of any person by lawful authorities. After the arrest, the liberty of the accused is in the dominance of the arrester. Under the law of crimes, an arrest is an essential tool to present the accused to be taken before the court and to prevent absconding. According to the Farlex Legal Dictionary, “arrest” is defined as “a seizure or forcible restraint; an exercise of the power to deprive a person of his or her liberty; the taking or keeping of a person in custody by legal authority, especially, in response to a criminal charge.”

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Legal Recognition of Same-Sex Marriage: A Necessity

LGBTIQ represents persons who identify themselves as Lesbians, Gays, Bisexual, Transgenders, Intersexuals and Queers. These are the people who do not fall in the category of male and female, some biologically and some in terms of their sexual orientation. After the historic judgement that decriminalised consensual sexual interaction between homosexuals, the question that arises is that after a long battle for sexual freedom, what will be the next step towards the complete exercise of civil rights. Civil rights and fundamental rights include rights like the right to choose one’s own partner and the right to marriage.

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Plea Bargain: Overview And Challenges

Plea bargain, also known as plea agreement or plea deal, refers to the pre-trial negotiation or agreement, in a criminal case, between the prosecutor and the defendant. Herein, the defendant, in exchange for some concession from the prosecutor, agrees to plead guilty or nolo contendere to a particular charge. In other words, ‘plea bargaining’ is a deal offered by the prosecution side in order to induce the accused to plead guilty. 

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Marital rape- An Oxymoron?

The general meaning of rape can be understood as unlawful and forced sexual intercourse. Merriam Webster defines it as an illegal sexual activity committed by force or due to threat of injury and is against the will of the victim or someone incapable of giving consent due to mental disability, disorder, and unconsciousness.
The term’s legal definition, in the context of its consideration under Indian laws, has been codified under Section 375[1] of Indian Penal Code, 1860.

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Law of The Sea

Earth has oceans that cover upto 72% of its surface. The understanding of the value of oceans is lesser-known to mankind. We all have been aware of the drastic changes taking place in our environment, the pollution gnawing at the very thing that is important for our survival. Not only the mere trade, economic activities carried about in these oceans are being subject to risk but also the conservation of the marine living resources is being difficult. 

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Private Defence- Protection Against Body Or Property

Every citizen has the right to help himself, and the right of private defense must encourage the citizens of every free, democratic country. We have to understand one thing that the right to personal security is not applicable when there is time to have a source to get any public authority protection. Sections 96 – 106 of Indian Penal Code, 1860 deals with the right to private defense. Under these sections, the provision mentions that the person can use all his necessary forces to protect their life, property, or even another person’s life or property.

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What Is Insider Trading and How does SEBI Deals with It?

Insider trading includes trading in a public company by someone who has confidential, price sensitive information, and who uses and deals with such information. Insider trading can either be illegal or legal depending on the knowledge, based on which the individual is trading. According to section 2(h)(ha) of Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 1992[i] ‘price sensitive information’ means any information relating to present, future or even past, that has the potential to affect the prices of securities and value of the company.

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Adoption under Hindu Law

It’s not rocket science to predict that our country’s future lies on our young ones’ shoulders, and the government takes adequate measures to maintain their safety. In doing so, government and judicial authorities focus on the adoption laws of children. It’s unfortunate to see that on one side, we have children who get all the necessities, their guardians adequately feed them, they are provided with every amenities, starting from clothes to education. Moreover, they are loved.

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Prevention of Child Labor

Child labor is something that is distinguished from normal labor. Child labor refers to a practice whereby a child, under the legal age for working, i.e. 14 years, is made to do work that is physically or mentally harmful for them in such age. Universally, the age for considering a person a child is 18 years of age. Child labor occurs in almost every industry, for example, brick making, bangle making, agriculture, and various hazardous work.

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