Blogs

Blogs What's New 

Privatization of Air India: Economic and Legal Impacts

Abhilasha Bhatia 0 Comments , , ,

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
Blogs What's New Women & Law 

Sexual Harassment and Me too Movement

Abhilasha Bhatia 0 Comments , , ,

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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Blogs Transfer of Property What's New 

Cancellation Of Sale Deed

Abhilasha Bhatia 0 Comments , , , ,

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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Blogs What's New 

Live-in Relationships and the Status of Children

Abhilasha Bhatia 0 Comments , , ,

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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Blogs Competition Law What's New 

Analysis of Draft Competition Amendment Bill, 2020

Abhilasha Bhatia 0 Comments , , ,

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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Blogs Case Analysis What's New 

Skin-To-Skin Verdict: Effect on Male Children

Abhilasha Bhatia 0 Comments , , , ,

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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Blogs Company Law What's New 

Position of an Independent Director: Companies Act, 2013

Abhilasha Bhatia 0 Comments , , ,

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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Blogs What's New 

Role Of Development Of Indian Infrastructure In Eradicating Poverty

Abhilasha Bhatia 0 Comments , , ,

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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Blogs Healthcare Laws 

Healthcare Scenario in India

Abhilasha Bhatia 0 Comments , , , ,

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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Blogs Human Rights Law 

Rights Of Refugees In India

Abhilasha Bhatia 0 Comments , , , ,

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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Blogs Contract Law 

Coercion: Indian Contract Act, 1872

Abhilasha Bhatia 0 Comments , ,

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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Blogs IT Laws 

Biometric Data Law And Privacy Concerns

Abhilasha Bhatia 0 Comments , , , , , ,

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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Blogs Healthcare Laws What's New 

Arogya Setu: Right to Health v. Right to Privacy

Abhilasha Bhatia 0 Comments , , , ,

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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Blogs IPR 

TRIPS And IPR Regime In India

Abhilasha Bhatia 0 Comments , , , , ,

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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Blogs Miscellaneous What's New 

Cruelty And Inhumanity Towards Animals In India

Abhilasha Bhatia 0 Comments , , ,

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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Blogs Criminal Law 

Capital Punishment For the Offence of Rape

Abhilasha Bhatia 0 Comments , , ,

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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Blogs Business Company Law 

Promoter of a Company: Legal Position

Abhilasha Bhatia 0 Comments , , , , ,

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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interpretation
Blogs Taxation 

Tax Statutes: Rules for Interpretation

Abhilasha Bhatia 0 Comments , , ,

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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Blogs Business Law 

Concept Of Incoming And Outgoing Partners

Abhilasha Bhatia 0 Comments , , , ,

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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Blogs Constitutional Law 

Sources Of Indian Constitution

Abhilasha Bhatia 0 Comments , , , , ,

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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Blogs 

Informational Privacy And Non-State Actors

Abhilasha Bhatia 0 Comments , , ,

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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Blogs IPR 

Emerging Trends in Unconventional Trademarks

Abhilasha Bhatia 0 Comments , , , ,

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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Blogs Women & Law 

The Dowry Prohibition Act, 1961

Abhilasha Bhatia 0 Comments , , ,

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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