The term ‘Hindu Undivided Family’ (“ HUF ”) or ‘Joint Hindu Family’ is not mentioned or defined in the acts: Hindu Minority and Guardianship Act (1956), Hindu Marriage Act (1955), Hindu Succession Act (HSA) (1956) and Hindu Adoptions and Maintenance Act (1956), however, the Income Tax Act, 1961 make...
Blogs
Being a lawyer, that too a practitioner in common law, the first inclination is to delve into the subject citing the constitutional provisions and court rulings. That approach is often confusing when it comes to dealing with emotive issues, and hence this attempt to analyse the issue on a first prin...
Analysis of the proposed Road Transport and Safety Bill, 2015: Salient features with Special reference to Third Party Claim Compensation/Settlement Road Transport and Safety Amendment Bill, 2015 has been a key initiative of Shri Nitin Gadkari led Ministry of Road Transport and Highways. The bill has...
Earlier this year, Legally India reported that NLU Orissa had plagiarised large chunks of its Self Study Report for the National Assessment and Accreditation Council (NAAC). However, with Kian being busy trying to monetise his newsletter and Prachi being so overworked by him that she has not had tim...
By Rishabh Bajoria The Code On 31st May, the European Commission (EC) announced a new Code of Conduct for online intermediaries. This Code was formulated after mutual agreement between the EC and Facebook, Microsoft, Google (including YouTube) and Twitter. [1] It targets the prompt removal of hate s...
The Government of India has eased Foreign Direct Investment (FDI) norms in pharma, aviation and defence sectors at a high-level meeting chaired by the Prime Minister Mr Narendra Modi, earlier today. Under the new norms, 74% FDI would be allowed in the pharmaceutical sector under the automatic route....
“…..the canons of ethics and propriety for the legal profession totally taboo conduct by way of soliciting, advertising, scrambling and other obnoxious practices….” - Justice Krishna Iyer In India the legal profession is considered a noble profession and therefore still assessed by standards of lega...
The Indian Government approved the country’s first National Civil Aviation Policy (“New Policy”) yesterday (15 th June, 2016). This update provides a brief summary of the major proposals that are to be implemented under the Policy. 1. 5/20 Rule Abolished Per the erstwhile rule created in 2004 (which...
Dear Reader, The Government of India released the draft of the Model GST Law into the public domain earlier this week. The attached booklet contains ELP’s analysis of the provisions of the model law. ELP-Analysis-of-Model-GST-Law.pdf We trust you will find this an interesting read. If you have any q...
- By Mitali Yadav In the case of ABC vs. The State (NCT of Delhi), the Supreme Court (a bench headed by Justice Vikramajit Sen) has held that an unwed mother, in India, can apply to become the sole guardian of a child, without giving notice to the father of the child and without disclosing his ident...
IT@School by sflc_admin | June 9, 2016 A team of researchers, under a grant from ICFOSS , headed by Prof. Rahul De , Hewlett-Packard Chair Professor at IIM Bangalore, published a report on the “Economic Impact of Usage of FOSS in Government” in June 2015. The report studies the implementation of ICT...
- By Mitali Yadav The High Court of Delhi, by way of judgement delivered on May 24, 2016, in the case of Rohit Tiwari v. State has held that if a grown woman engages in an act of sexual intercourse, whilst giving her consent, on a promise to marry and continues to engage in such an activity for a co...
By: Siddharth Sijoira [Author is an advocate at the Supreme Court of India] The Supreme Court verdict upholding the constitutional validity of criminal defamation under sections 499 and 500 is timely and conforms to the larger societal needs. The court has correctly opined that the right to freedom ...
Suresh Kumar Bansal & Others vs. Union of India & Others – Delhi High Court W.P. (C) 2235/2011 and W.P. (C) 2971/2011 (the judgement was delivered on 3rd June, 2016) FACTS Two Writ Petitions were filed before the Delhi High Court in the year 2011 by individual flat buyers who had entered i...
As a law student, either in the infancy of the journery or on the cusp of graduation, internships assume a vital role these days - in not only providing oneself with a semblance of experience before being thrown literally in the deep after graduation or more often than not, just useful as a cv build...
India has an estimated 426 million Internet users, a number that is estimated to grow to approx. 515 million by the mid of 2017, giving it the second-largest online user base in the world after China. Despite this impressive number, only a third of India’s 1.25 billion citizens have Internet access....
We had done three posts on the retrospective operation of the Arbitration and Conciliation (Amendment) Act, 2015: a) The blog post titled “Applicability of the 2015 Arbitration Amendment Act to Arbitration Related Court Proceedings: Part I” posted on 04.04.2016 in the Practical Academic Blog. The po...
-AVINASH GAUTAM, 3rd Semester Student at NLUO Editor’s note: This post had been written Infrastructure of the college [Hostels (or alternate accommodations), Academic block/class rooms, Library, Mess/Canteen and Other things ] The campus has 3 huge hostels (2 boys + 1 girls) and is in process of com...
-AVINASH GAUTAM, 3rd Semester Student at NLUO Editor’s note: This post had been written Infrastructure of the college [Hostels (or alternate accommodations), Academic block/class rooms, Library, Mess/Canteen and Other things ] The campus has 3 huge hostels (2 boys + 1 girls) and is in process of com...
Krishi Kalyan Cess of 0.5% has been recently introduced in Service tax and the effective rate of tax is now 15%. Please find enclosed our alert on various aspects of Krishi Kalyan Cess. ELP-Tax-Alert---Levy-of-Krishi-Kalyan-Cess.pdf We trust you will find this an interesting read. If you have any qu...
The Bar Council of India (“ BCI ”), in a press release on Saturday, has said that it will file an application in the Supreme Court seeking modification of the order which allowed fresh law graduates to become judicial officers. It said that the BCI and the State Bar Councils are “strongly in favour”...
Thirty years ago, nobody could have accurately predicted the job market of today. The intervening technological progress must be blamed or credited for it. However, we seem to be able today to satisfactorily predict the job market we will have thirty years hence – plenty of machines and Artificial I...
Writing a great legal article is truly amazing. Not only it will be published in a good, well-known website or blog, thereby increasing your brand value and visibility, but also be read by many people who are in need of that information. It may help litigants, researchers, other lawyers or a reporte...
The distinguished Prof. Shamnad Basheer recently launched an online petition in the form of a poem to make a fervent appeal to the invisible CLAT powers to make the critical shift to a permanent, centralized CLAT body that will conduct the CLAT examination every year. However, every effort till now ...
CLAT 2015 will go down in the history of national competitive exams in India as the most ludicrous and incompetent examination that openly insulted the intelligence of thousands of candidates and played with their careers with an unbelievably sick mentality. The entire CLAT 2015 affair reflected an ...
Law and journalism are two fields which demand up-to-date knowledge in this proliferating world. Neither of them is stagnant and obsolete. As a first year law student,I used to think that legal profession only meant to argue in courts. It was later that it dawned upon me that legal field has no peri...
Why This Ko-Law-Very ?? The moment you enter an elite Law school campus,you will be tired of answering this question to everyone, from your Orientation day to Farewell.One simple question -“Why law?” Few oversmart kids would try to impress the first class by saying “Because I couldn’t make it to IIT...
Introduction Law has been the most variegated stream ever since it was incorporated in the human society. When one thinks of a vocation in law the first image that strike its mind is a dexterous person, dressed in black and white, going through some gigantic books, running in and out the court, figh...
Photo by Gulshan Sachdeva, via here.
LIFE IS NOT SO FAIR AND LOVELY At the outskirts of the Metropolitan court, I begin my day with the sight of all street smart lawyers who are out for today’s hunt. The hunters instinct is still seen in them when their roving eyes are targeting their next catch cum client. Sipping the cutting chai and...
What happens when you spend 5 years of your law school having the time of your life. Like literally, time-of-your-life!!! [Time of your life- excludes any such activity that requires paying attention in classes, taking internships seriously, taking moots seriously and/or taking anyone/anything serio...
A lady (not a lawyer) Retired Justice Markandey Katju published a blog post today entitled “Lady Lawyers” . In typical Katju blogging fashion (whenever not causing a media storm about judicial corruption), it’s a trip down memory lane starting with his time as a lawyer in 1970 Allahabad. Katju is tr...
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Last year, European Union has ratified the ‘Right to Repair’ regulation. According to these regulations, the manufacturers of the household electronic appliances i.e. lighting, washing machines, dish washers, and refrigerators, will have to make it easier for the consumers to get them repaired. Thou...
by sflc_admin | October 9, 2017 According to the Cyber Laws and E-Security Group under Ministry of Electronics and Information Technology Group (MeitY), as many as 23,030 websites /URLs are currently blocked in India. This information was received as a reply to a Right to Information application fil...
by sflc_admin | October 4, 2017 We live in an era where human activity is producing unprecedented amounts of digital data. The popular saying these days is ‘data is the new oil’. The high value of this data along with the lack of awareness among people about rights has prompted corporations and gove...
by sflc_admin | September 27, 2017 The second Digital Citizen Summit was organised on September 21-22, 2017 by Digital Empowerment Foundation (DEF) and Friedrich Naumann Foundation for Freedom at India Habitat Centre, New Delhi. SFLC.in was an associate partner of the summit. The summit aimed at fin...
Notable technology and rights related litigations
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by sflc_admin | September 22, 2017 SFLC.in is organising a workshop on “Secure Communication ” in association with Sukhbir Singh, TOR Developer, on Saturday, September 23, 2017, from 11:00AM-:1:30 PM at the SFLC.in premises at K-9, Second Floor, Birbal Road, Jangpura Extension, New Delhi -110014 nea...
by sflc_admin | September 18, 2017 The ongoing Internet shutdown in Darjeeling, West Bengal completes 3 months today. This day, three months earlier, mobile Internet was shutdown in the city due to the ongoing agitation for a separate Gorkhaland. Two days later, on 20th June, the orders were extende...
Written by the Civil Liberties team at CCG A 9 judge bench of the Supreme Court of India passed a landmark judgment last week, which unanimously recognized the right to privacy as a fundamental right under the Constitution of India. The Court found the right to privacy to be a part of the freedoms g...
Today, the Supreme Court heard the ongoing matter of Sabu Mathew George vs. Union of India . In 2008, a petition was filed to ban advertisements endorsing sex-selective abortions from search engine results. Advertisements endorsing sex selective abortions are illegal under Section 22 of the PNDT Act...
by sflc_admin | September 4, 2017 On Sep 2, 2017, SFLC.in organized a discussion titled “Celebrating the Right To Be Let Alone” to commemorate the recent recognition of right to privacy as a fundamental right, discuss the privacy judgment, its key takeaways, the impact it will have on pending Aadhaa...
The sub-committee of Insolvency Law Committee (ILC) of the Ministry of Corporate Affairs, Government of India (MCA) in its report dated October 31, 2020 has proposed the framework for the pre-pack and prearranged insolvency resolution process which the Government may adopt with / without modificatio...
Analysis of the Condonation of Delay Scheme, 2018 of the Ministry of Corporate Affairs The Scheme is by way of a General Circular No.16/2017 dated 29 December 2017. It is in exercises of powers u/Ss. 403, 459 and 460 of the Companies Act, 2013. Who can avail the scheme? A company registered under th...
Diwali is one of the most anticipated and celebrated festivals in India. It is also a festival of giving gifts, which is often a challenge for compliance professionals who struggle with policies and nuances of law around this time, on giving gifts that might seem like bribes. Under the Prevention of...
The RBI has amended the Master Directions on Financial Services provided by Banks. This is a significant move permitting Banks to invest in Category II Alternative Investment Funds. As of June 30, 2017, Alternative Investment Funds ( AIFs ) had raised the cumulative figure of Rs. 48, 129 crores, aga...
Image credit: Scroll.in, September 26, 2017 Sociologists know that the formation and survival of civilization is conditional upon the universal adherence to a framework of acceptable norms and guidelines of human conduct and interaction. Moses therefore set out as God’s message, the directive to lov...
Financial investors in India are scared of regulatory uncertainties. Not that uncertainties are exclusive to our country but it’s a critical risk factor that is assessed by those making substantial investments. Historically, one of the most important regulatory concerns for such investors is related...
India has long recognised the right of foreign creditors to participate in the winding up of Indian companies. As early as 1961, the Supreme Court of India, in Rajah of Vizianagaram (AIR 1962 SC 500) , clarified that foreign creditors have the same right as Indian creditors in winding up proceedings...
Photo credit: Indian Express, August 23, 2017 Through its historic ruling delivered by a five-judge bench in the case of Shayara Bano and Ors v. Union of India on August 22nd 2017, the Supreme Court of India ( SC ) liberated Muslim women from the perpetual fear of arbitrary and whimsical divorce. Th...
The ability to attract large scale Foreign Direct Investment ( FDI ) into India has been a key driver for policy making by the Government. Prime Minister Modi seems to be going along the right track, with India receiving FDI inflows worth USD 60.1 billion in 2016-17, which was an all-time high. Henc...
On August 31st 2017, the Supreme Court of India in the case of Innoventive Industries Limited v. ICICI Bank Limited* delivered its first extensive ruling on the operation and functioning of the Insolvency and Bankruptcy Code, 2016 ( Insolvency Code ). The Court said that it is pronouncing its detail...