Protecting Identity and privacy of children under the Juvenile Justice(Care and Protection of Children Act, 2015)- Rehabilitative and reformative approach
The Juvenile Justice(Care and Protection of Children) Act, 2015[1] is a comprehensive law to provide measures for protecting and sheltering abandoned, surrendered and orphaned children, protecting children who are victims of crime and investigating and prosecuting children who are involved in offences. . The protections granted by the JJ Act, 2015 is derived from the […]
Class action complaints under the Consumer Protection Law in India
Class action complaints under the Consumer Protection Law in India . Class action claims are a unique and vital part of the civil dispute resolution ecosystem. A class action proceeding is initiated when a group of litigants bring a suit or other proceedings before a court/tribunal/forums on behalf of a larger group of persons.[1] . […]
Delhi High Court lays down the test to ascertain incidence of stamp duty on Release Deed/Relinquishment deed under Indian Stamp Act, 1899
Delhi High Court lays down the test to ascertain incidence of stamp duty on Release Deed/Relinquishment deed under Indian Stamp Act, 1899 [The firm’s dispute resolution team has represented the petitioner in the matter, views expressed are personal of the author.] The Indian Stamp Act in Delhi provides for fixed stamp duty on instruments of transfer which […]
Law governing winding up of Mutual Funds in India
The recent news[1] about winding up of mutual fund schemes by Franklin Templeton Mutual Fund during the present situation[2] led to nervousness amongst regular investors of mutual fund. While no doubt the Mutual Fund companies promptly issued press releases assuring the liquidity and standing of their schemes, it left the investors grappling with questions about […]
Indian Patent Law-Analysis of Working, Revocation and Compulsory Licence regime.
The Indian Patent Law regime is governed by the Patents Act, 1970 which had replaced the pre-independence patent law. Since patents are not conferred with common-law protections as in the case of Trademarks i.e. passing off of the marks of another prior user; therefore the rights and privileges on an invention and to the inventor […]
Should insider dealing be prohibited?
INTRODUCTION When persons deal in financial products having prior knowledge of price sensitive information which is not in the public domain, such trades are termed as Insider Dealing. These trades seem to a non participant, legally and morally incorrect as understood in colloquial understandings as a matter of ethics. However, if the moral high ground […]
Section 24(2) Of The LARR Act, 2013- Quietus On The Interpretation
It is known that with the coming into effect of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,2013 (“LARR Act, 2013”) on 01/01/2014, came a controversial provision, i.e., Section 24(2) of the LARR Act, 2013. As per the said provision, if the Award was passed 5 years prior to […]
The Negotiable Instruments (Amendment) Ordinance, 2015 – Avoidable Confusion
s. Lately, there has been a lot of confusion on what the Territorial Jurisdiction would be in cases of complaints u/s 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the NI Act, 1881). With matters being transferred to different Courts after the Judgment of the Hon’ble Supreme Court in Dasrath Rupsingh Rathod vs. […]
Suicide Note and the Consequential Menace
What is suicide? The definition given by the Oxford Dictionary is ‘the action of killing oneself intentionally‘.1 This would mean when someone kills themselves with knowledge that the act would either cause them bodily harm or would die. For an act done intentionally how can anybody else be held responsible. This directly brings into question […]