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Lawyersclubindia Articles


The Grey Areas of the IT Act, 2000

  G. ARAVINTHAN   21 May 2009 at 23:06

1. The IT Act, 2000 is likely to cause a conflict of jurisdiction.2. Electronic commerce is based on the system of domain names. The IT Act, 2000 does not even touch the issues relating to domain names. Even domain names have not been defined and th ..


Posted in Intellectual Property Rights |   4552 Views


Conditional legislation and delegated legislation

  Swami Sadashiva Brahmendra Sar   21 May 2009 at 23:06

In the case of conditional legislation, the legislation is complete in itself but its operation is made to depend on fulfillment of certain conditions and what is delegated to an outside authority, is the power to determine according to its own judgm ..


Posted in Constitutional Law |   37890 Views


Remand of accused on change of investigating agency

  Swami Sadashiva Brahmendra Sar   20 May 2009 at 15:13

Whether with the change of an investigating authority, police custody of the accused on remand can be sought for, although cognizance of theoffence had already been taken ? In Mithabhai pashabhai patel v. State of Gujrat (Crl. Appeal no 941 of 2009) ..


Posted in Criminal Law |   2283 Views


International Tax

  G. ARAVINTHAN   20 May 2009 at 10:01

International Tax is a field where the taxing jurisdiction of two countries is involved. Tax is a sovereign issue and every state has its right to tax its residents but when there is taxing of the same property or person by two different states then ..


Posted in Constitutional Law |   1096 Views


Does perfume smell have its own copyright

  G. ARAVINTHAN   20 May 2009 at 10:01

Copyright is a form of intellectual property which gives the creator of an original work exclusive rights for a certain time period in relation to that work, including its publication, distribution and adaptation; after which time the work is said t ..


Posted in Intellectual Property Rights |   2392 Views


Fraud/cheating - simultanious civil and criminal case

  Swami Sadashiva Brahmendra Sar   19 May 2009 at 16:49

We are frequently consulted for quashment of criminal proceedings on the ground that a civil proceeding for same cause of action is already pending. This hapens often in matters relating to transfer of property and money transactions. the question a ..


Posted in Criminal Law |   6590 Views


VISA FOR U.S.A. - A GLANCE

  M. PIRAVI PERUMAL   19 May 2009 at 09:46

Visa FeesApplicants must bring two demand drafts with them: one draft for the application fee and second draft for the issuance fee. All fees must be paid via demand drafts drawn in favor of the "American Embassy, New Delhi." Drafts shoul ..


Posted in Others |   803 Views


Misuse of 498A and DV

  kirankumar   19 May 2009 at 09:46

PROMOTE DOMESTIC AND FAMILY HARMONY DISCOURAGE MISUSE OF FORM AND PROTECTION LAWS SAVE INDIAN FAMILY Woman protection (gender-biased) laws in India are being grossly misused causing the drastic increase in matrimonial and domestic disharmony. The ra ..


Posted in Criminal Law  1 comments |   3070 Views


304 B, IPC - cruelty soon before death

  Swami Sadashiva Brahmendra Sar   19 May 2009 at 09:46

Section 304B of the Penal Code has the following ingredients: (i) The death of a woman must have been caused by burns or bodily injury or otherwise than under normal circumstances; (ii) Such death must have occur ..


Posted in Criminal Law |   5248 Views


MV Act- compentation for death of children

  Swami Sadashiva Brahmendra Sar   18 May 2009 at 10:10

''whether status of parents should be considered while awarding compensation on account of accidental death of minor children ?'' The supreme court in Civil Appeal no 3608/2009, R.K.Malik and Anr v. Kiran Pal and Ors., decided on 15/5/2009, had occas ..


Posted in Civil Law |   2042 Views