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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Clarification regarding Maternity Leave Incentive Scheme

In a section of media, there have been some reports about Maternity Leave Incentive Scheme. In this regard, the Ministry of Labour & Employment has clarified the following: Background- (i) The Maternity Benefit Act, 1961 applies to establishments employing 10 or more than 10 persons in Factories, Mines, Plantat..

Posted in news |   110 Views


Current Trends in Law: Absence of Charge

In the judgment of the case – Kamil v. State of Uttar Pradesh , delivered on October 31, 2018, Justice R. Banumathi and Justice Indira Banerjee, at the Supreme Court have held that a conviction for the substantive offence can be set aside only if the accused shows that prejudice has been caused to him and that “failure of justice” has occasioned th..

Posted in articles |   1 comments |   440 Views


Your Lordship Shree Ayyappa Swamy!

Man-made law is law that is made by humans, usually considered in opposition to concepts like natural or divine law. Man-made law was the lowest form of law, and man-made law ranked as fundamental because it is man-made. Its characteristics are that it is “not absolute”, and is created by human beings “above all “for the regulation of their a..

Posted in articles |   7 comments |   345 Views


Suit under Section 92 of CPC

A suit under Section 92 of CPC is a suit of a special nature for the protection of Public rights in the Public Trusts and Charities. It presupposes the existence of a public trust of a religious or charitable character. A suit for a declaration that certain property appertains to a religious trust may lie under the general law, but is outside the scope of Section 92. ..

Posted in articles |   3 comments |   2084 Views


An example of flagrant violation of the process of law

It has been learnt from the documents obtained through an application under Right to Information Act, 2005 that 12652 cases of alleged contravention of the provisions of the Foreign Exchange Regulation Act, 1973, in short FERA, have either already been adjudicated or in the process of adjudication, after the repeal of FERA by the Foreign Exchange Management Act, 1999,..

Posted in articles |   1 comments |   523 Views


The law on Sexual Harassment of Women at the Workplace

Of late everybody has been hearing about #me too and a lot of people have jumped into the bandwagon with or with no reason is not important.  We have young and not-so-young ladies recollecting past experiences of harassment, which after so much time and after so much water has flowed down the bridge may have lost its relevance.   p style="text-a..

Posted in articles |   2 comments |   432 Views


Is it time to establish a High Court bench in Western UP?

It is no secret that West UP alone accounts for more than half of the total pending cases in UP and still it has no high court bench! It is no secret that the pending cases of UP stands highest in India and Allahabad High Court has maximum Judges in India – 160 even though usually we find that more than half of the seats keep lying vacant which only serves to fu..

Posted in articles |   174 Views


Substitution of Arbitrator

INTRODUCTION: Since the commencement of The Arbitration and Conciliation Act, 1996, (hereinafter referred as 'Act') the first issue in practice of the same was with regard to the time limit to conclude the arbitration proceeding and pass an award as The Arbitration and Conciliation Act, 1996 did not contain..

Posted in articles |   2 comments |   444 Views


SC sets deadline on sale of BS-IV Vehicles: Health to take precedence over Greed

It has to be stated right at the outset that in a landmark and laudable judgment titled MC Mehta v Union of India & Ors (In Re: Recommendation Nos. 2.2.1 and 2.2.2 of Report Nos. 71 and 78 submitted by EPCA) in Writ Petition (Civil) No. 13029 of 1985 authored by Justice Deepak Gupta for a three-Judge Bench of the Supreme Court comprising of Justice Gupta himself, ..

Posted in articles |   127 Views


Cabinet approves Amendment to the Central Universities Act, 2009 for setting up of Central Tribal University in Andhra Pradesh

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has approved setting up of a Central Tribal University in Andhra Pradesh.  The "Central Tribal University of Andhra Pradesh" will be set up in Relli village of Vizianagaram District as provided under the Thirteenth Schedule to the Andhra Pradesh Reorganisation Act, 2014 (No. 6 of 2014).&..

Posted in news |   113 Views


No Advocate to be penalized for doing his job - Madras High Court

An advocate cannot be penalised simply because he does his professional duty to defend a client accused of having Maoist links, the Madras High Court recently. As noted in its order, “Appearing for a Maoist is not a crime. On the other hand, if a Maoist accused of an offence seeks the professional assistance of a lawyer, it i..

Posted in news |   211 Views


Landmark Kerala HC judgement ensures Bar Council ID is now a valid ID proof in Railways

To begin with, it has to be appreciated and applauded in the right earnest that in a latest landmark judgment in W.P.(C) No. 35073 of 2014 delivered recently on August 8, the High Court of Kerala has in a historic move directed the Indian Railways to treat identity cards issued to lawyers by respective Bar Councils as a valid identity proof to undertake a train journe..

Posted in articles |   2 comments |   372 Views


Are We being Penny Wise and Pound Foolish?

Story 1: Year 1998- Mr Alok Sharma had borrowed Rs. 4 Lakhs from Mr. Dinesh Patnayak. He promised to return it in 2 years and also promised to pay 12% interest p.a. on the same. However, Mr Sharma refused to pay after 2 years and after negotiating for 2 more yea..

Posted in articles |   5 comments |   290 Views


An analysis of SC's refusal to issue a blanket ban on sale of Firecrackers

It has to be exclaimed with exuberance right at the outset that in a landmark judgment titled Arjun Gopal and others v Union of India and others in Writ Petition (Civil) No. 728 of 2015 with Writ Petition (Civil) No. 891 of 2016, Writ Petition (Civil) No. 895 of 2016, Writ Petition (Civil) No. 899 of 2016 and Writ Petition (Civil) No. 213 of 2017 delivered on October ..

Posted in articles |   210 Views


Devotion Cannot Be Subjected To Gender Discrimination, SC Allows Women Entry In Sabarimala By 4:1 Majority

It has to be exclaimed right at the start with considerable degree of satisfaction that in one of the most landmark judgment that Supreme Court which is the highest court in India has delivered since independence which has garnered not just national headlines but also international headlines, the Apex Court on September 28, 2018 in Indian Young Lawyers Association &..

Posted in articles |   223 Views


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