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.

Read more

Cyber Abuse

The Indian government has come up with some policies in 2019, including CERT-In, an agency that signed various MoUs to help to tackle cybersecurity and is helping to reduce the number of cyber attacks on government networks and the National Cyber Security Policy, which focuses on building secure cyberspace for personal information, business information, etc., and also helps to respond to any abuse reported. 

Read more

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.

Read more

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. 

Read more

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.

Read more

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.

Read more

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. 

Read more

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.

Read more

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. 

Read more

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.

Read more

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.

Read more

All You Need To Know About Defamation

The term ‘Defamation’ can be well understood with a proverb ‘think before you speak’. Any statement made against the other party, which tends to lower his status among the right-minded people can get you two years of jail term! In the case of Nambi Narayan v. Silbi Mathews[1], the Supreme Court held that the reputation of an individual is an insegregable part of his right to live with dignity.

Read more

Mental Health: Indian Scenario And The Impact Of Covid-19

Mental health, a major concern worldwide, affects a person’s thinking, mind and behavior. It includes emotional changes in human beings accompanied with psychological changes like schizophrenia, depression,etc. At every stage of life, mental health is important, be it childhood or adulthood.

Read more

Govt Relaxation to Ease Global IBC Regimes in Times of Pandemic

COVID-19 which erupted from the Wuhan region of China hastily turned into a global health emergency with threatening outcomes in Italy, America and some European countries. The disease which at the first instance seems to be normal has left long-running economies in peril of serious setback. The essay starts by assessment of the menacing effects of this pandemic on various economies including India.

Read more

Doctrine Of Separation Of Power And Its Relevance In The Modern Era

The whole structure of the Constitution is predicated upon the foundation which is formed because of the doctrine of separation of power. This is a system of checks and balances that prevents any organ from becoming supreme or misusing its power. The whole structure of the Constitution is predicated upon the foundation which is formed because of the doctrine of separation of power.

Read more

ADR and Its Types

Alternative dispute redressal’s goal is enshrined in the Indian Constitution’s preamble itself, which enjoins the state: “to secure to all the citizens of India, justice-social, economic and political-liberty, equality, and fraternity.”[2] ADR was formally introduced in India by the legislature by amending section 89 of the CPC and Order X Rule 1-A to 1-C, following the Law Commission of India and the Malimath Committee’s recommendations.

Read more

Boycott of Chinese Apps

In the wake of going head to head with Chinese powers on the India-China fringe in Ladakh, and a brutal conflict on June 15 that left 20 Indian fighters martyred, the Indian government on June 29, prohibited 59 applications of Chinese origin, referring to information security and national sway concerns. These include popular apps, for example, TikTok, SHAREIt, UC Browser, CamScanner, Helo, Weibo, WeChat, and Club Factory.

Read more

Analysis of the Administration of Rule of Law in the Present World

The concept of “Rule of Law” is derived from the French phrase ‘La Principe de Legality’, literal translation of which is ‘the principle of legality,[1] referring to a form of government based on principles of law and not of men.Rule of law implies that government authority must operate per the written laws, which are held to be supreme, adopted through an established procedure.

Read more

Impact of Capital Market on India

The Indian capital market played a vital role in saving mobilization in the year 1950. During the period of 1960-1980, the importance of the capital market was diminished and during the same time as a proportion of national income, the domestic savings were increased from 13%- 22%. From the capital market amount fund was raised up to 13% of net domestic saving. 

Read more

Men- The Unheard Victims

The patriarchal theory that men typically dominate women is omnipresent. The idea is not wrong but is not cent per cent true. Indian women and children are protected by the Indian laws against various offences and are also given special rights that they can avail. Conversely, men in India have few rights that they can avail.

Read more

The History of Lynching

Lynching comes under the family of mob violence and is often defined as the killing of someone by a group of people, for an alleged offence, without a legal proceeding. These killings are often preceded by a form of torture. In India, the Protection from Lynching Act, 2017 defines the term lynching as any act or series of acts of violence or aiding, abetting or attempting an act of violence, whether spontaneous or planned, by a mob on the grounds of religion, race, caste, sex, place of birth, language, dietary practices, sexual orientation, political affiliation, ethnicity or any other related grounds. Lynching, as a phenomenon, is relatively new to India.

Read more

India And China: The Digital Tussle

The relationship between China and India, also known as Sino- Indian relations, have varied over the passage of time. The two nations have sought after economic corporations with one another, with the border dispute being the highlight. India was the nation who ended the ties with Taiwan and perceived their people as a legitimate government of Mainland China. In 2012 China stated that Sino – Indian ties could be the most important bilateral partnership.

Read more

India and its Lingering Border Disputes

For far too long, India has been in the eye of the storm regarding its several border disputes. In recent times, the nation has excelled to resolve its boundary disputes with Bangladesh and Sri Lanka and trying out all possible ways to resolve the issues. The un-demarcated borders with Myanmar, Bhutan, and lately with China, Pakistan, and Nepal have often outburst into conflicts. Likewise, India is able to restitute its marine boundary dispute with Sri Lanka and Bangladesh.

Read more

CONTEMPT OF COURT- THE LATEST WRANGLE

“I do not ask for mercy. I do not appeal to magnanimity. I cheerfully submit to any punishment that the court may impose,” a quote paraphrased from the sayings of Mahatma Gandhi, stated by Advocate Prashant Bhushan. The matter revolves around “Scandalizing the Court” or The Contempt of Court which relates to an offence that shows disrespect to the dignity or authority of the court in a certain way.

Read more

Offensiveness in Obscenity and the Legal Provisions

Depiction of obscene materials and Pornography is considered as the forbidden subject in the social fabric of India. It cannot be denied that obscenity is against decency and Morality. Generally, it can be seen by advertising materials in which the women are used by showing their different body parts. Nudity is exhibited on the internet in the form of videos and pictures.

Read more

Extrajudicial Execution: An Analysis

Extrajudicial execution refers to an act of killing that is affected outside the course of regular judicial proceedings; not founded upon, or unconnected with, the action of a court of law. It is considered as the highest form of violation of democracy since the whole idea of democracy is based on the recognition of individual liberty.

Read more

Honour Killing In India: A Legal Perspective

Honour is a prime and valuable asset of human beings. It is an intangible property of both men and women. Honour killing is the killing for the sake of honour. Killing someone in the name of honour is not only against the law but also a significant violation of human rights. Honour cannot be sacrificed either for the individual interest or for the collective interest of the society.

Read more

Mechanisms of Amendments of the Indian Constitution

From a young age, Indians are taught to take pride in their country and their Constitution. The Constitution of India sets the tone of the country’s polity, establishes the framework for the functions of different organs, and lays down the nature of the relationship among them. It supersedes any provision made by the Parliament of India that may contrast to the provisions mentioned in the Constitution. 

Read more

National Education Policy 2020: An Analysis

The National Education Policy 2020 (NEP 2020) which was approved by the Union Cabinet of India on 29 July 2020 outlines the vision of India’s new education system. The new policy replaces the previous National Policy on Education, 1986. The policy is a comprehensive framework for elementary education to higher education as well as vocational training in both rural and urban India. The policy aims to transform India’s education system by 2040.
The government has taken a very good step.

Read more

Honour Killing: The least recognized form of violence against women’s autonomy

The term ‘honour killing’ has often been misinterpreted as the ritualistic method of murder that is precipitated by the perceived loss of the aggressor’s honour. The victims in this form of crime are generally women and the perpetrators are males. A widespread form of gender violence against the autonomy of women particularly in the area of marriage and sexuality needs to be brought to concern and inquired into.

Read more

RIGHT TO BE FORGOTTEN: The Personal Data Protection Bill, 2019

Recognition of new rights with the changing time is a vital need for the growth of society. It requires a different orientation with balanced amendments. Right to be Forgotten (RTBF) is finding its way in India. RTBF refers to the right of an individual to ask for the removal of information involving his/her past from the Internet which is usually easy to look up using a search engine and often undermine their future opportunities in terms of jobs, relationships etc. The meaning differs with varying jurisdictions.

Read more

Intellectual Property and The World of Web

Some years ago, countries of this planet decided to globalise with unprecedented pace but they were unaware of what was about to emerge from the pot of destiny. Globalization required newer ways of connectivity and so the advent of the Internet gave a completely new dimension to the same. In the 1990s world was observing the growth of the internet, it was expanding its scope, also in the same years of the ‘90s, various commercial and non-commercial activities were being facilitated through World Wide Web. Before the involvement of commercial activities on the internet, the internet was free from intellectual property issues. But the development of commercial activities in the internet spectrum not only saw the rise of intellectual property issues on a local stage but these issues became a regular theme of public policies globally.

Read more

Palghar Mob Lynching and the Corruptive Silence

The article is about how to resist back from the group of monstrous people in our country who are staged ubiquitously in our society with an intention to swallow our country by slaughtering an innocent individual merely based on a presumption of the crime which may be done by a person or because of supposing on the false rumors based on caste, religion, sex, race, political affiliation or other diverse grounds.

Read more

Legal Provisions for The Protection Of Women

India has a huge number of crimes in the past few years, especially against women. Women are not secure anywhere whether it is in their houses, public places or at the workplace, etc. Even, in this era, one of the major concerns is to safeguard and protection of women. Consistently, there is a rise in violence against women. As we live in a democratic country where women were considered a symbol of spirituality in our scriptures but, they are treated unequally.

Read more

Whether Putting “Sindoor” and Wearing “Mangalsutra” is an Integral Part of a Hindu Marriage

Since time immemorial marriage is referred to as the most important institution of human society. In Hinduism marriage is considered a very sacred and pious union. It is considered as an important social institution between two families rather than between two individuals marking the new beginning in the life of both the bride and groom. Ancient scripture like the Vedas has laid down the importance of marriage in a person’s life.

Read more

Legal Analysis of Quarantine Powers during the Coronavirus Pandemic

The oldest method to reduce the rapid spread of bacterial and viral infections is Quarantine. The first law was passed in 1377 by the Great Council regarding medical isolation of the plague struck European countries. Initially, the isolation was for 30 days and was called ‘trentino’ nut when the isolation period was increased to 40 days the term shifted to ‘quarantine’ deriving its origin from the Latin word ‘quadraginta’.

Read more

BOIS LOCKER ROOM

The ongoing COVID-19 episode is an image of how delicate and erratic our lives can be in an irregular situation. The virus which has changed the manner by which the majority of us live, work or plays out our fundamental everyday capacities is proceeding to expand its grip at a disturbing rate with the effect being felt at different levels like on economic slowdown, hitch the legal system business disruption, trade hindrances, travel obstructions, public seclusion and so on. there are several other serious issues which are coming on our way and yes they cannot be neglected. One of them has been viral on social media with a hashtag Bois locker room.

Read more
ADVERTISE WITH LEGAL READINGS :)
WEEKLY NEWSLETTEREnter your email address below to subscribe to LEGALREADINGS newsletter.