M's

Marriage & Its Legal Dilemma

noreply@blogger.com (Anonymous) — Fri, 19 Jun 2015 11:49:00 +0000

"Marriage" which is the primary institution of procreation of children and following the ritual rites. In India marriage is one of the most essential institution which gives primary rites to the souses. In some religion like Islam marriage is a civil contract but in Hinduism it is more about affection, ritual ceremony and one of the dharma of a person. But you cannot deny by stating that current legal philosophies have made marriage as civil contract under most of the religion. A pious tie of a marriage comes to an end by the legal weapon which is known as "Divorce".

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The word Divorce is a gift given by the legal evolution in the society. In Hinduism there is no such words or weapon can break this pious knot of marriage. By the passing of time the cultured and educated society of Hindus understood the dire need of "Divorce" which resulted in the introduction of Hindu Marriage & Divorce Act, 1955.

There are several grounds on which marriage can be break by the spouses. In my previous post I had written something about the divorce matters and pre-marital sex (click here). There is following grounds on which spouse can seek Divorce-

1) Adultery

2) Cruelty

3) Desertion

4) Conversion

5) Unsoundness of Mind

6) Virulent and Incurable Leprosy

7) Venereal Disease

8) Presumption of Death and some more......

(Mental Disorder of a Husband Can not Warrant a decree of Law)

In the judgement of Supreme Court it was stated by the Hon'ble Court that-

"A spouse suffering from mental disorder cannot be the sole ground for dissolution of marriage.

A bench headed by Justice GS Singhvi said divorce can be granted only if the illness is of such nature that it is difficult to live together. Turning down the plea of a man seeking divorce on the ground his wife was suffering from schizophrenia, the bench said the existing Hindu Marriage Act (HMA) did not make existence of a mental disorder of any degree sufficient to grant divorce.

“This court cautioned that Section 13 (1) (iii) of HMA does not make a mere existence of a mental disorder of any degree sufficient in law to justify the dissolution of marriage,”

Replying to Supreme Court Judgement in another case of Ram Narain Gupta Vs. Rameshwari Gupta division bench of Justice Vidya- Kapse-Tahilramani and Justice V. L. Achilya held as follows-

"if the mere existence of any degree of mental disorder could justify dissolution of marriage, few marriage indeed survive in law. Mental disorder of the husband even if proved, cannot by itself "Warrant a Decreed of Divorce". It must be further proved that it is of such nature that the wife could not be expected to live with the husband.

Trial irritations, quarrels and usual wear & tear of a married life would not be adequate to grant divorce on the ground of mental cruelty. Married life should be reviewed as a whole and a few isolated instances over a period of years will not amount to cruelty"

In August 2013, the Supreme Court has ruled that "temporary ill-health including Schizophrenia cannot be a ground of Divorce u/s. 13 (1) of Hindu Marriage Act, 1955.

The Bench of Justice G.S. Singhvi &i Justice V. Gopalwada held "under Hindu Law, marriage is an institution, a meeting of hearts and minds and is something that cannot be taken lightly, further any person may have bad health this is not their fault and mostly it is not within their control".

Internship Experiance at Solomon & Roy

noreply@blogger.com (Anonymous) — Sun, 25 Jan 2015 14:55:00 +0000

Location: Mumbai, Andheri (E).

Tenure: 1 Month (1st September 2013 to 30th September 2014).

Position: Legal Intern.

Law Firm Type: Intellectual Property Boutique (IPR Law firm)

Area of work: Patent; Design, Tardemark; Copyright (IPR Laws).

Stipend: Rs. 7,500/- per month

Student: Government Law College, Mumbai.

Working days: 6 days (Saturday-Half day)

Procedure to Apply: You can send your C.V. on "blaise.coutinho@slmnco.in" Mr. Blaise Coutinho is the one who takes care of internship slots. Kindly send your C.V. 6-7 months prior to your available month.

Solomon & Co., which is one of the top and leading law firm in India is situated at Fort, Churchgate (Mumbai) Basically the firm is full service law firm and it has three branches-

1) Solomon & Co.- Solomon & Co. is situated at Churchgate-Mumbai. It is a full service law firm and famous for its litigation practice and Merger Acquisition.

2) Solomon & Co.- This is the second brach of Solomon & Co. situated at Bandra (W)- Mumbai. This branch generally deals with Property related matters.

3) Solomon & Roy. This is the third branch situated at Andheri (E) -Mumbai. This branch gnerally deals with Intellectual Property related matters. It is a Intellectual Property Boutique which advices their clients in matters related to Trademark, Copy Rights, Patents, Design etc.

I worked with Solomon & Roy for one month and indeed it was a great experience. The firm is tentatively composed of 10 Associates and headed by Mrs. Mahua Roy Chaodhary who is really an amazing personality. In inception I spent few days of my internship tenure without any work but after some days I got some work from Associates which was basically Legal research. During my internship tenure I also worked on some legal research presentation which was taken by the associates for their Bostan visit.

Disliking aspect: overall the firm is great where actually you can learn lots of things as an intern and which will definitely help you for your future. When you are working with them then it would be my suggestion to keep asking them some work again and again. As they all are pretty busy in their work so interns do not get proper attention by the Associates, so if you want to learn something from there then you should eat their brain so at least they will assign you some work.

I rate this firm 3/4 stars.

Internship Experiance at L&T Finance Limited

noreply@blogger.com (Anonymous) — Sun, 28 Sep 2014 17:55:00 +0000

Internship Experiance at L&T Finance Ltd.

Location: Mumbai, Santacruz (E).

Tenure: 3 Months (January 2014 to March 2014).

Position: Legal Intern.

Department: Legal

Area of work: s/9 and s/17 of Arbitration & Conciliation Act, 1996.

Stipend: No (Internship at LTF is strictly without any consideration; only Internship certificate will be given to you after successfully completing your internship tenure)

Student: Government Law College, Mumbai.

Working days: 5 days for Interns (Saturday Off ;) )

Interview: on the day of my interview I was asked so many questions. Firstly, Manager asked my area of interest and I was a fourth year student so I was not aware of Arbitration Act, C.P.C., Cr.P.C. etc. etc. so they did not ask questions related to those subjects which I have not read during my semesters. It was almost 1 hour interview and in which Manager asked me questions related to Companies Act, Indian Constitution, Indian Penal Code (I.P.C.) and basic term of Law.

Company overview :

As we all know L&T is one of the prestigious name which was founded by Mr. Souren Kristian Toubro and Mr. Henning Holck-Larsen. L&T Finance is holding company of L&T Infotech and it is situated in Santacruz (E) . Their Legal department is full of intelligent and smart lawyers from whom you actually can learn something. I was assigned to Arbitration Team which was consist of almost 10 advocates but simultaneously I had given work of Cheque bouncing (u/s. 138 of Negotiable Instrument Act.) cases as well.

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How big company is??:.

The strength of L&T Finance is almost of 20 to 30 lawyers which is including for Arbitration and Cheque Bouncing matters. During my Internship period I actually realised that if you want to work for any corporate then LTF is the best place where you can explore as much as you want.

First day formality:

From 2nd of January, 2014 I joined this reputed company in its Legal Department as Legal Trainee. I had a meet to my manager under whom I supposed to work. My manager was a lady but she was down to earth woman and extremely cooperative, humble and intelligent woman whom I ever meet. It was a first time I was working for such a well known corporate so with excitement I was bit nervous as well. On first day of my internship I met the entire Legal team of LTF as it was new year so Head of the legal department also came at everyone's' desk to wish them Happy New Year and I was lucky enough to meet her on first day of my Internship. She is one of the ideal woman from whom any fresher can get inspire. After meeting her I really got inspired from her and it was a first time I felt how proud it feels when a woman handles such a big post. On first day of my internship I had to submit two reference letters and personal details with two passport size photographs.

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Working Style:

During 3 months of my internship tenure I had given lots of task including drafting, legal research and many other things which was available at that time. Previously I had interned with 3-4 law firms and I had noticed that corporate legal working style is totally different than law firms. As I had worked with law firms and in law firms advocates hardly use Microsoft Excel so I was totally new to Excel but staff was pretty helpful and really helped me to learn so many things.

Days at work place:

It was my first day and I was without work. Initially I hardly had given any work so it was being very bored for me to survive over there but after a week at last I got some work and that was a week I became even more busier than ever and till the last day I was busy only. I had to make demand notices, Section 9 petition, Affidavits, reference letters to Arbitrator and calculation related to dues/debts. It was almost a very essential phase of my life where I had seen so many things altogether. Indeed it was my best Internship and yes, the staff was extremely cooperative and supportive. I learnt M.S. Excel from their staff and they didn't hesitate at all to teach me from starting.

For Fun, Chill out & Leisure:

I was the only youngest person in the entire LTF so I used to hesitate with other staff and I was not so friendly with them but as time passed I became cozy with all of them. Near the office campus hardly there is any place where you can chill out or relax after office hours and basically I was from Mumbai only so it was not so required for me and most of the time I preferred LTF canteen only. All sorts of food was available in the office campus in reasonable cost but yes if you are an outsider then you need to hunt some places to make your weekend cheerful.

Good Thing:

LTF's Legal Department is indeed a great a place for a law student where they can have a great exposure of their learning phase. Students those wants to pursue their career in corporate then I would say LTF is the best place to work.

Bad Thing:

There is nothing which I can say bad about LTF everything is just awesome but yeah if really I could say then I would say their "Stipend". Its such a big corporate but their Internship is without consideration so, it is bit costly to spend your own money for travelling and rickshaw which is extremely costly in the city like Mumbai. So over all its great place to work.

Conclusion:

Over all my three months of internship was extremely great in terms of learning and having a name of L&T Finance in my Internship list. I was fortunate enough to had a nice exposure of such a leading corporate. In terms of staff, senior staff, work everything was just amazing and worth to learn from LTF.

_________________________________________________________________________________

You also can share your Internship experience write us on glc1992mm@gmail.com and share your internship

experience with us help law students to know and explore more in their legal career.

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Changes need to bring in Indian System

noreply@blogger.com (Anonymous) — Sun, 07 Sep 2014 15:06:00 +0000

Changes need to bring in Indian System

Indian Judiciary which is always famous for its extra ordinary decisions. Sometimes Judiciary uses its Interpretation power and make laws to understand a lay man as well; but in India how many of us know about the internal scenario of this judicial system?? I think without thinking for a second we all easily can conclude promptly because we all have faced this cumbersome problems and justice always denied to common man and when justice properly made available to someone then it was too late to justify justice itself from the period taken by the prudent Indian judiciary. Indeed our Judiciary plays a vital role to progress our country but I will not hesitate to mention here that it also buries the hopes of a common man.

When you start your career as a legal practitioner then you realize the actual faces of this judicial system. If you count only judges as an entire judiciary then probably your thinking is wrong because I have seen the departments which works inside the court they plays even a more vital role than the judges. India is a country where you if you want justice in your case then also you have to give monetary consideration to governmental officials and if you have disturbed them due to their own faults then your career stops there only and they will annoy you for your rest of the life. Unfortunately to say instead of saying sorry no other choice resides with common people. We have Right to Information still I feel it’s useless one; in that also common man has to suffer. Nowadays people have thought of being Government officials and its being very trendy as well so atleast they will have some power on that basis they can survive.

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In the present situation of Indian system I believe only two people can survive: (1) if person is extremely rich (2) if person have influential contacts. If you are a common man and want to live peacefully in your own country then, do think your life is actually and really hell and you cannot live with dignity and surprisingly to say how proudly it is guaranteed in part III of our Indian constitution. There was a time when humanity used to play an important role than anything else now not only Indian politics but also judicial system plays a game of hide & sick. We are actually not only a puppet of god but also to this system. When you raise your voice against some ill-treatment they know how to bury it without leaving any sign/remark.

Nowadays, trend of going to abroad is spreading in a rapid way and somewhere our system is faulty for the same. If you are open category + male then you don’t even deserve to have education of your choice. This is how our system works and still we bear it. There was a time when categories were made in order to uplift the schedule cast and tribes but now this is the time when people uses it for personal benefits and enjoy those facilities which they don’t deserve; its spreading everywhere in India but no one bothers to take any steps against this not even me!!

Country needs revolution but when you start alone then first you have to leave your personal life then only you can move ahead. If this is going to be on permanent basis then this country would be in the list of worst place to live and we common people would have only an option of migration nothing else.

So many laws have been formulated by the legislature authorities but now it’s being used to protect some set of people. India needs a revolution and I hope that revolution will affect this country and bring a new era for our country.

THE COPYRIGHT (AMENDMENT) ACT, 2012: (Part-II)

noreply@blogger.com (Anonymous) — Fri, 05 Sep 2014 11:43:00 +0000

The Copyright (Amendment) Act, 2012: (Part-II)

A Landmark in Indian Copyright Legislation

Provisions for Persons with Disabilities

The amended section 52(1)(zb) allows any person to facilitate access by persons with disabilities to copyrighted works without any payment of compensation to the copyright holder, and any organization working the benefit of persons with disabilities to do so as long as it is done on a non-profit basis and with reasonable steps being taken to prevent entry of reproductions of the copyrighted work into the mainstream. Earlier s.52(1)(zb) dealt only with formats that were “special designed only for the use of persons suffering from visual, aural, or other disabilities”. Due to the amendment it now covers “any accessible format”. Even for-profit businesses are allowed to do so if they obtain a compulsory licence on a work-by-work basis, and pay the royalties fixed by the Copyright Board.

This exception is a progressive one which very few countries have till date adopted and the Indian legislatures must be commended for incorporating the same.

Digital Rights Management (DRM)

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Prior to the amendment the United States had shown its eagerness for a change in India’s copyright laws in order to match the U.S. copyright laws. This is evident from the Special 301 report of U.S. in the year 2009 wherein it stated; “The United States encourages India to enact legislation in the near term to strengthen its copyright laws and implement the provisions of the WIPO Internet Treaties.”[1] It is probably for this reason that India, though it is not a member of WIPO, has added a provision for anti-circumvention in the Amendment Act.

DRM includes measures that amount to a 'digital lockup' of content and networks by right-holders/service providers. The most commonly deployed measures include encryption, metadata, watermarking or fingerprinting.[2] They can be used to simply restrict access or even to protect copyrighted material.

The reason for implementation of anti-circumvention laws may not only be because of pressure from other countries. According to a BSA-IDC Global Software Piracy Study, in 2008 global software manufacturers lost an estimated $2.76 billion to software piracy in India[3]. In 2009 the Indian government suffered revenue losses of $866 million in 2009 due to the high rate of illegal software trade in the country[4]. The Indian film, entertainment and media industry has also been hit heavily due the increasing rate of piracy.

Section 65A(1)[5] seeks to make circumvention of “effective technological measure” on copyrighted material a criminal offence, with imprisonment for a maximum period of two years. The word “effective” is rather vague and can also be interpreted to mean that circumvention of technological measures which are easy to circumvent. Based on the usual doctrines applied in intellectual property laws, the courts may adopt an interpretation along the lines of; if a common man who has no special skills which enable her/him to circumvent such technological measures, manages to do so, then such technological protection measures cannot be said to fall within the purview of “effective technological measures”. In modern times, professional hackers and crackers are generally youngsters with no special training, so determining whether a person has ‘special skills’ or not may sometimes become difficult to prove.

Section 65A (2), however, provides various exceptions, enumerating permissible acts of circumvention. These exceptions include:-

·         doing anything necessary to conduct encryption research using a lawfully obtained encrypted copy; or

·         conducting any lawful investigation; or

·         doing anything necessary for the purpose of testing the security of a computer system or a computer network with the authorization of its owner or operator; or

·         doing anything necessary to circumvent technological measures intended for identification or surveillance of a user; or

·         taking measures necessary in the interest of national security[6].

When compared to the anti-circumvention provision in the U.S. Digital Millennium Copyright Act (DMCA), section 65 (A) seems to be more consumer friendly and far more balanced. However, this provision does not disallow certain DRM systems which prohibit the common man from exercising any of the fair use exceptions. It only gives the common man the legal right to circumvent in case of such exceptions. Therefore, the dilemma of the legality of DRM systems restricting fair use still remains. It was for this reason that Yahoo India had suggested deletion of Section 65A.[7] The Indian Broadcasting Federation (IBF) had recommended an increase in the imprisonment term from 2 years to 3 years for first offence, 5 years for second offence and all offences to be treated as cognizable and non-bailable was the first suggestion made[8]. It was also recommended by IBF that any person found circumventing the technology should be deemed to have circumvented it with the intention to infringe copyright. This way the burden of proof would fall on the circumventer. Also, copyright owner should be entitled to seek damages from the offender. Google India suggested that illegal circumvention be only a civil offence and not a criminal offence[9]. MediaNama also advocated deletion of this section, as consumers buy the right to listen to music, this right cannot be restricted to particular devices or a medium.

The newly added section 65B provides for protection of Rights Management Information (RMI)[10]. The purpose of section 65B is to make the Indian copyright laws in compliance with the WIPO Copyright Treaty (WCT), article 12 of the treaty in particular[11]. The Amendment Act even defines RMI at Section 2(xa).[12]

The Standing Committee, after taking these suggestions under consideration concluded that it would be better to give only limited legislative guidelines for anti-circumvention and allow the judiciary to evolve the law based on practical situations[13].

It is also worth noting that the Amendment Act does not list the type or class of goods or services for which circumvention applies. This may lead to an overlap with the ‘right to information’ or ‘freedom of speech’ or other laws calling for accountability.

Limited Protection to Some Internet Intermediaries

The amendments to section 52, which provide some level of protection to 'transient or incidental' storage of a work or performance either purely in the technical process of electronic transmission or communication to the public, or for the purpose of providing electronic links, where such link has not been expressly prohibited by the right holder, unless the person responsible is aware or has reasonable grounds for believing that such storage is of an infringing copy. This provision would protect search engines which provide hyperlinks to other websites.

Procedures Simplified

The amendment to section 21 of the Copyright Act, which deals with the right of authors to relinquish copyright, allows the author to relinquish the copyright by a simple public notice. Earlier, the author relinquish parts of one’s copyright by submitting a form to the Registrar of Copyrights Additionally, s.30 of the Act, which required licences to be in writing and signed, now only requires it to be in writing. This puts Creative Commons, the GNU Public Licence, and other open licensing models, on a much surer footing in India.

The newly added section 31D will also has also simplified the procedure for obtaining statutory licenses for public broadcasting.

Protection of Moral Rights

The newly added section 38B safeguards moral rights of the performer of a performance even after assignment. The performer is entitled to claim identification as the performer of the performance. The performer can also restrain or claim damages in respect of any distortion, mutilation or other modification of the performance that “would be prejudicial to his reputation”. To protect ‘fair use’, the explanation to the provision clarifies that mere removal of any portion of a performance for the purpose of editing, or to fit the recording within a limited duration, or any other modification required for purely technical reasons shall not be deemed to be prejudicial to the performer’s reputation[14].

Conclusion

The Copyright (Amendment) Act, 2012 has added some provisions to Indian Copyright Law which have not yet been incorporated in several developed countries. It is a boon to authors of copyrights as well as users of the copyright. The clarifications on what amounts to infringement have relieved those, who have always advocated ‘fair use’, but feared allegations of infringement.

However, the issue of ‘parallel imports’, which is discussed in detail has not been addressed by the Amendment Act at all. Provisions of parallel imports can be found in Section 107A (b)[15] of the Indian Patent Act, 1970 and Section 30(3)[16] of the Trademarks Act, 1999.

Also, Other than the disability rights groups, which had campaigned very hard for the amendment to section 52(1)(zb), the Parliamentary Standing Committee did not invite any non-industrial groups for deposition before it. It is perhaps for this reason that the amendments do not focus on rights of small-time lyricists, writers or composers. The Standing Committee should have deposed persons from all the relevant groups. Provisions affecting the rights of libraries were passed without even calling a single person running a library or working in one.

Section 65A relating to DRM should be amended so as to replace or delete or explain the word “effective”. There is indeed a need for laws which restrict the adoption and use of DRM systems on certain classes of copyrighted material. However, it should also provide that it be compulsory for the manufacturers who are using DRM to make freely available their contact information, in case any user wishes to seek permission to break the DRM system for legal use.

How the authors, copyright society and, ultimately, the Courts will compute ‘equal share of royalty from exploitation of works’ for different types of works is yet to be seen. A large amount of litigation may crop up on this issue itself.

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[1] Office of the United States Trade Representative 2009 Special 301 Report , April 30, 2009

[2] Herman, B.D., 'Breaking and Entering My Own Computer: The Contest of Copyright Metaphors', (2008) Communication Law and Policy 13(2) 231-274, p231

[3] The Economic Times, ‘Software piracy in India down by a notch; losses up at $2.7 bn’, New Delhi, May 12, 2009

[4] The Hindu, ‘Software piracy caused $866-m tax loss in 2009: Study’ Pune, June 4, 2012

[5]Section 65A (1) “Any person who circumvents an effective technological measure applied for the purpose of protecting any of the rights conferred by this Act, with the intention of infringing such rights, shall be punishable with imprisonment which may extend to two years and shall also be liable to fine.”

[6] Section 65A (2), the Amendment Act

[7] Department-Related Parliamentary Standing Committee On Human Resource Development, Two Hundred Twenty-Seventh Report On The Copyright (Amendment) Bill, 2010, presented to the Rajya Sabha On 23^rd November, 2010, laid On The Table Of Lok Sabha On 23^rd November, 2010, 20.4

[8] Ibid., 20.3

[9] Ibid.

[10] Section 65B of the Amendment Act “Protection of Rights Management Information Any person, who knowingly

(i) removes or alters any rights management information without authority, or

(ii) distributes, imports for distribution, broadcasts or communicates to the public , without authority , copies of any work, or performance knowing that electronic rights management information has been removed or altered without authority, shall be punishable with imprisonment which may extend to two years and shall also be liable to fine;…”

[11] Article 12 of WCT: Obligations concerning Rights Management Information: (1) Contracting Parties shall provide adequate and effective legal remedies against any person knowingly performing any of the following acts knowing, or with respect to civil remedies having reasonable grounds to know, that it will induce, enable, facilitate or conceal an infringement of any right covered by this Treaty or the Berne Convention:

(i) to remove or alter any electronic rights management information without authority;

(ii) to distribute, import for distribution, broadcast or communicate to the public, without authority, works or copies of works knowing that electronic rights management information has been removed or altered without authority.

(2) As used in this Article, “rights management information” means information which identifies the work, the author of the work, the owner of any right in the work, or information about the terms and conditions of use of the work, and any numbers or codes that represent such information, when any of these items of information is attached to a copy of a work or appears in connection with the communication of a work to the public.

[12] Sec 2 (xa) of the Copyright Amendment Act, 2012- “Rights Management Information”, means‐ the title or other information identifying the work or performance; (ii) the name of the author or performer; (iii) the name and address of the owner of rights; (iv) terms and conditions regarding the use of rights; and (v) any number or code that represents the above information; but does not include any device or procedure intended to identify the user.

[13] Ibid.

[14] Section 38B of the Amendment Act

[15] Section 107 A of the Indian Patent Act, 1970 – “Certain acts not to be considered as infringement

[Certain acts not to be considered as infringement. For the purposes of this Act,—

(a) any art of making, constructing, [using, selling or importing] a patented invention solely for uses reasonably relating to the development and submission of information required under any law for the time being in force, in India, or in a country other than India, that regulates the manufacture, construction, [use, sale or import] of any product;

(b) importation of patented products by any person from a person [who is duly authorised under the law to produce and sell or distribute the product], shall not be considered as an infringement of patent rights.]”

[16] Section 30(3) of Trademarks Act, 1999- “Where the goods bearing a registered trade mark are lawfully acquired by a person, the sale of the goods in the market or otherwise dealing in those goods by that person or by a person claiming under or through him is not infringement of a trade by reason only of—

(a) the registered trade mark having been assigned by the registered proprietor to some other person, after the acquisition of those goods; or

(b) the goods having been put on the market under the registered trade mark by the proprietor or with his consent.”

The Copyright (Amendment) Act, 2012 (Part-I)

noreply@blogger.com (Anonymous) — Fri, 05 Sep 2014 11:35:00 +0000

The Copyright (Amendment) Act, 2012:

A Landmark in Indian Copyright Legislation

"It is a step in the right direction in protecting the interest of the lyricists, who create wonderful songs,"[1]

Introduction

Prior to 2012, the Copyright Act, 1957 has been amended five times. Of these, the amendment of 1994 is perhaps the most significant because it partially dealt with issues relating to digitisation of copyrighted works.

The Copyright (Amendment) Act, 2012 (‘the Amendment Act’) is popularly concerned a boon, due to progressive amendments such as ‘right to royalty’ and exceptions for persons with disabilities, which received large media coverage. However, there are also a few regressive amendments which have not received much public attention. Also, many important issues, particularly those with regard to the dissemination of copyrighted material over digital networks, have not been sufficiently addressed by these amendments.

The Amendment Act received the assent of the President on 7 June, 2012 and was officially notified, as coming into force as the law of the land, by the Central Government on 21 June, 2012[2]. Although the Amendment Act sought to make Indian Copyright Law conform to the World Intellectual Property Organisation (WIPO) Copyright Treaty, or WCT, 1996 and the WIPO Performances and Phonograms Treaty (WPPT), 1996[3] it has gone far beyond these international treaties.

Commissioned Works and Works under Contract of Employment

According to Section 17 of the original Act, the author is the first owner of copyrights in a work unless such work is commissioned by another person or is created under a contract of service or employment, in which cases the employer or the person commissioning the work is the owner. A new proviso has been added to the section providing that the logic or notion of commissioned work or work created under employment does not accord ownership to the employer where such work is incorporated in a cinematograph film[4].

Therefore, a production house will not own the copyrights created by its employees during the course of their employment. Interestingly, this provision does not apply to works incorporated in a ‘sound recording’ and therefore, a record label can still own the works created by its employees or commissioned authors.

Assignment of Copyrights and Right to Royalties

Under section 18 of the original Copyright Act, author of a literary, artistic or musical work could assign the copyright to the producers for incorporation in a film. Such assignment could broadly be for both current and future modes of exploitation. The amendment has added three new provisos to Section 18[5]:

Firstly, an assignment made under this section is not applicable to any medium or mode of exploitation that is not in existence at the time of the assignment unless specifically mentioned in the assignment agreement.

Secondly, the author of a literary or musical work incorporated in a cinematograph film cannot assign or wave his right to receive ‘equal share of royalties’ from the ‘assignee’ for utilisation of such work in any form other than communication to the public in a cinema hall. The only exceptions are copyright societies and legal heirs to whom an author may assign the right. Therefore, producers should now share the non theatrical exploitation royalties equally with the script writers, lyricists and composers. The proviso clarifies that any amendment to the contrary would be void;

Prior to the amendment the authors did not have the right to receive any royalty for exploitation of the works. Where such right existed, it could be transferred or waived.

Thirdly, the author of a literary or musical work incorporated in a sound recording shall not assign or waive his right to receive equal share of royalties from the ‘assignee’ for utilisation of such work in any form. The permitted exceptions are copyright societies and legal heirs to whom an author may assign the right.

The introduction of the above provision would make it necessary to specify in agreements of assignment that such assignment will apply in relation to a mode ‘whether in commercial use or not’. Further, the agreements will have to be carefully drafted taking into account possible technological advances since the amendment to section 18 also disallows the assignment of copyright in a manner which would allow the assignee to exploit the copyright assigned to it via unspecified ‘future technologies’ i.e. any medium or mode of exploitation of a work which did not exist or was not in commercial use when the assignment was signed.

It is not clear whether this proviso would also apply retrospectively, i.e. to the agreements of assignments entered prior to the Amendment. Although it is very unlikely that the amendment is to be interpreted so as to have retrospective application, as such provision would have the effect of rendering all agreements entered into in the past void, which would create havoc in the entertainment industry. However, f it is held that it does so apply, then all earlier assignments will have a limited application and if the intention of parties was to grant complete assignments, the parties would have to consider entering into amendment agreements.

Though, this amendment comes with a noble intention of granting royalty rights to the authors, the language of the amendment is so ambiguous that it does more harm than good. The words ‘equal share of royalty from exploitation of works’ has a large scope of interpretation. The amendments do not specify how the amount of royalty share is to be computed. There is no possible way to determine the share of royalty accrued from the lyrics of one song, in an entire film. If it is to be computed on the basis of ratio of length of the song to length of a movie then all the songs together could entitle the music director and other authors to 8-10% of revenue of a movie which can run into several crores. Computing the share of royalty is even more difficult in case of smaller projects such as telefilms, television serials, programs, music album videos, etc., which also qualify as cinematograph films.

Furthermore, the language of the provisos is far-reaching, to include ‘utilization (of the work)... in any form’. The royalty sharing principle includes any form of exploitation of the full film other than theatrical exploitation such as those accrued from DVDs sales, satellite broadcast, airing of the films on television or pay per view. The copyright of the Producers of cinematograph films has been drastically undermined by these new provisions.

On the hand, in view of the new provisions the producers will not be willing to pay large up-front payments to composers. Also, if the film does not become a success, the composer will have worked for almost free. This increases the pressure on lyricists or composers to create songs which have a huge commercial following. Even artists who would want a single-shot payment will not given this option by record companies, as the companies would throw up their hands and say such payment would be illegal under the amendment.

Also, it is not appropriate to apply the western system of revenue sharing to Indian cinema. Unlike Hollywood, in the Indian films, the work of lyricist or composer is based on the plot, storyline, the lead actors of the film, the situation in the film during which the song is to be played, etc. The director and producer have considerable inputs on the final outcome of the songs.

Further, the agreements cannot run contrary to the rules of any copyright society of which the author forms part of. However, the Amendment Act does not specify if this include only the Indian copyright society or also the international copyright societies.

[1] Sushma Swaraj, as reported by Prakash Belawadi, Producers face the music, Bangalore Mirror (May 25, 2012)

[2] Gazette of India, Extraordinary, Part-II, Section-1, dated the 8th June, 2012:

[3] Zakir Thomas, Overview of Changes to the Indian Copyright Law, Journal of Intellectual Property Rights, Vol 17, July 2012, pp 324

[4] Amendment No. 7 of the Copyright (Amendment) Act, 2012- “In section 17 of the principal Act, in clause (e), the following proviso shall be inserted at the end, namely:

Provided that in case of any work incorporated in a cinematograph work, nothing contained in clauses (b) and (c) shall affect the right of the author in the work referred to in clause (a) of sub-section (1) of section 13;”

[5] Amendment No. 8 of the Amendment Act – ‘8. In section 18 of the principal Act, in sub-section (1), after the proviso, the following provisos shall be inserted, namely:

"Provided further that no such assignment shall be applied to any medium or mode of exploitation of the work which did not exist or was not in commercial use at the time when the assignment was made, unless the assignment specifically referred to such medium or mode of exploitation of the work:

Provided also that the author of the literary or musical work included in a cinematograph film shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright for the utilization of such work in any form other than for the communication to the public of the work along with the cinematograph film in a cinema hall, except to the legal heirs of the authors or to a copy right society for collection and distribution and any agreement to contrary shall be void:

Provided also that the author of the literary or musical work included in the sound recording but not forming part of any cinematograph film shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright for any utilization of such work except to the legal heirs of the authors or to a collecting society for collection and distribution and any assignment to the contrary shall be void.”’

“Ramdev Baba can’t find Black gown of Lawyers”

noreply@blogger.com (Anonymous) — Sat, 28 Jun 2014 18:56:00 +0000

“Ramdev Baba can’t find Black gown of Lawyers”

“Once upon a time Ramdev Baba thought to do Law and accordingly he took admission in one of the top most Law college of Mumbai. Starting days were very horror for him to understand Mumbai’s Life and new generation’s world too. One day he asked some of his classmates which notes and books he should buy but everyone was hesitating to reply as we all know he is one of the celebrities. As we all know him so well so those 18-19 kids used to make fun of Ramdev Baba, they all were wondering why now he is pursuing law?? Somewhere inside he was very depressed because he was not used to for Laptops, Black and White Formals, Blazer, and yeah Internet as well. One day I saw him in my college library he was referring some books but couldn’t understand which one to use then I went there met him and asked if I can help him. “Hi, Simran here I know you are such an amazing personality but I really want to help you to understand this new generation’s life it’s quite awkward but it would be good for you if you learn all these as well”. He agreed, I thought to start with Laptops. Few days we used my personal laptop but then after few days he said he wants to buy his own, I said “okay fine we can buy right now” he asked “How, means right now?” “yeah will buy online from Baggout”. He was excited to do online shopping and first time in his life he was doing online shopping. We made an account on Baggout and accordingly we bought on brand new Laptop for Baba Ramdev and delivery we got in reasonable period".

Google Images

Baggout is an online Shopping destination like Myntra, Jobangg, Snapdeal etc. however the unique personality about this online destination source is little bit different for eg.- you can browse products from all stores, cash back and coupons facility and many other. I shouldn’t forget to mention that it is a sort of user friendly online shopping destination. We just need to click on “start shopping” button then one additional small window will pop up accordingly just make your account and enjoy your shopping and the awesome thing is you can login with your facebook account as well. In order to spread awareness about this shopping destination you should like its “Facebook Page” so your nearones’ and dearones’ also would be able to utilize it.

"Then mooting days were coming and Baba Ramdev had his as usual regular attire which he wouldn’t use while mooting in moot court hall so

Google Images

he called me up “Monica, Can you please come to the college right now??” “Okay, Fine I will reach in an hour”. He asked me that he wants to buy Black and white formals for his moot so for that he wanted to use “Baggout” but he forgot his “Account Password” then we started with all verification process and all then he got to reset his password and started his online shopping second time he bought one brand new Black and White formals on reasonable discount then he thought to buy blazer as well he and accordingly he bought. Till his final year Ramdev Baba became almost “Dude” type he had Facebook Account, Twitter and almost all social Networking sites. After completing final year we had to give our “Sanad Exams i.e. Bar council exams” we both appeared and cleared that also but when we both wanted to buy Gowns and collar which lawyers wear in law courts we couldn’t find it on “Baggout” L L he told me that we should write a letter to “Baggout” to keep lawyers full attire on their online destination so that will make them totally a different and unique online shopping destination and accordingly we did and Baggout people considered our request and promised us by saying that they will keep it soon. J J J”

Disclaimer: This entry is not a part of any controversial incident and it doesn't intent to cause any hurt to anyone, unconditional sorry in respect of any such event. Thank you so much!!

This entry is a part of Baggout contest to know more about the contest please click here.

Street Vending (Part-3)

noreply@blogger.com (Anonymous) — Sat, 28 Jun 2014 15:44:00 +0000

Street Vending (Part-3)

SOCIAL ECONOMIC & CULTURAL STATUS OF STREET VENDORS

Socially street vendors are not respected by the society. Socially they are illiterate and economically they are backward. Because of lack of education they become hawkers , so for the improvement of their conditions various NGOs and union’s have moved out to resolve such problems , consequently Indian government adapted street vending as fundamental right under art.19(1)g of the constitution of India.[1] Not only that Manipur has built separate vending zones for women street vendors’[2].ministry of housing and urban property alleviation, government has adopted a national policy on street vendors, 2009 [3] to eradicate such problems. Culturally vendors are also spreading their vending zone near temples, mosque, church and all other religious places to earn the money. So entirely we can say that the status of vendors in India is extremely weird. So the government and other social associations are coming forward to improve such problems.

PRACTICES OF STREET VENDERING

· FASHION STREET IN MUMBAI [4]

Fashion Street in Mumbai provides a good example of how street vending can be used to meet the demands of the market. It is a linear settlement of around 200 little shops along the Readymade garments are one of Mumbai's chief exports - and the surplus lands up at Fashion Street, a huddle of little shops on Mahatma Gandhi Road. Clothes are of good quality, trendy, and probably the cheapest anywhere in the world. India is a huge supplier of garments to the international market and major department stores. This has created a local market in Bombay for any surplus inventory. Same as linking road in Bandra[5] is also a very good example of street vending.

· BOOK SELLERS

Railway station, subway of Churchgate station and outside the Andheri station hawkers sells books on the reasonable cost that is 60 Rs. Per book. On the pavements from Churchgate to flora and next to the Mumbai university building are consider as the major area for book sellers.

MOVEMENTS FOR THE PROTECTION OF STREET VENDORS

Nationwide programs marked vendors ‘day on 20^th January[6] as street vendors ‘ organizations affiliated to national association of street vendors of India (NASVI)[7] held conventions, demonstration , sit in hunger strike and human chains in different cities and towns of the country demanded drafting of bill for central law for street vendors. NASVI[8] also demanded that the proposed should be effective and comprehensive enough to ensure that the street vendors get secured and dignified livelihood the participation and inclusion of street place at a rapid pace.

LEGAL MEASURES TAKEN BY THE CONSTITTUION OR GOVERNMENT TO PROTECT THE INTEREST OF STREET VENDERS

Right to trade, Art. 19(1) (g)[9] gives the Indian citizen a fundamental right to practice any profession, or to carry out any occupation, trade or business. Bombay hawkers unions Vs Bombay municipal corporation 1985,[10]on 3^rd july,1985, in this case the supreme court suggested that a scheme for regulating grant of license to hawkers and creating hawking and no-hawking zones be worked out for which certain directions were given by the court.

Social justice – the preamble of the Indian constitution states that India is a sovereign, socialist, secular democratic republic and shall secure to its citizens justice, social, economic and political and equality of status and opportunity. Directive Principles: Article 38(1) [11] directs the state to promote the welfare of the people by securing a social order in which justice – social, economic and political, shall inform all institutions of national life. The state is also directed by Article 38(2)[12] to ‘minimize the inequalities in income status, facilities and opportunities.’ Article 39(a)[13] directs the state to formulate policy to ensure that citizens, men and women equally, have the right to an adequate means of livelihood. It further provides that ownership and control of material resources of the community must be distributed to serve the common good, and that the operation of the economic system must not result in the concentration of wealth and means of production. Article 41[14] specifically provides for ‘right to work’ within the limits of the economic capacity of the state.

Equality before Law- Article 14 [15] of the Constitution states that the state shall not deny to any person equal - lity before the law or equal protection of the laws within the territory of India.

PERSONAL SUGGESTIONS TO IMPROVE SUCH CONDITONS:

With the mentioned information and data I concluded that street vending should protect by the government and government should make some bills or laws to eradicate such problem but I feel these much things also would not be sufficient to improve the conditions of vendors, so the vendors themselves should come forward to spread their rights but this revolutionary movement can succeed only with the help of “Education” I am highlighting this point Education because education is the only sharp weapon to fight against such exploitation. If vendors are aware about their rights then they would be able to fight such battle against this tyranny world. I know I m using this tyranny word which is not exist in present world but actually it does exist still the people are harassed by their supreme authority. Where is Democracy? If there is democracy then why people are not allowed to work. Is the only rich entrepreneur can do business? Only they have right which is mentioned in article 19(1) g[16] of Indian constitution. NO, I am totally disagree with this statement if there is some rights and opportunity of business for rich entrepreneur then there should also give the same right to poor street vendors. And when this policy will implement actually then this great Nation would be able to work without prejudices. In the light of aforementioned reasons it is highly recommend that:

R1: Government should issue license to all poor street vendors on reasonable cost.

R2_: Government should make some provisions to remove “HAFATA VASULI” and other illegal activities which occur highly in some streets and other public places.

R3: Awareness and minimum education should be given to illiterate vendors to carry out their work and they should given hawking zone where they can earn their livelihood. And that hawking zone should make in attractive manner which will help our nation to increase the beauty of each parts.

CONCLUSION:

With the help of aforesaid survey and the basic information , rules & regulations about street vending it is concluded that street vendors play unique role in the social and other activities of the society but still they are ill-treated by the governmental authority so , the government should make some special provisions to improve the status of street vendors and their occupation and government should legalize street vending and government should give them a hawker zone where they can earn for their livelihood because in the Indian constitution it is clearly mentioned in the preamble about the liberty and liberty includes right to practice any profession, or to carry on any occupation, trade or business.[17] So government should take appropriate decision to promote and protect the interest of street vendors, and for that government should declare some area as the ‘HAWKING ZONE’ and there they should keep some facilities so the beauty and good surroundings would be maintain. So in the end of my writing I would like to explain the great saying of ‘ALBERT EINSEIN’ which I mentioned in starting of my writing, “I have a dream to see my country as the developed country, each day I, imagine one day my country will become the most literate country of this world because now days I am seeing the desire of this great nation’s populations. One of the examples I added in my writing (pravin). My best wishes are with those who are fighting battle with their unfortunate fate and moving ahead”.

EDUCATION IS THE ABILITY TO MEET THE LIFE’S SITATIONS.

– DR. JOHN G.HIBBEN.[18]

[1] Gainda ram Vs MCD dated 08.10.2010.

[2] State government dated 19.04.2005.

[3] Article provided by the roadside vendors association.

[4] Mahatma Gandhi, road, fort Bombay.

[5] Bandra west, Mumbai.

[6] NASVI celebrates vendors’ day every year since 2004. When on the day the street vendor movement had influenced the government of India to announce the national policy for urban street vendors.

[7] Nationals programs mark vendor’s day. Government must bring in draft of bill for central law for street vendors in public domain, NASVI demands law must ensure participation and inclusion of street vendors.

[8] National association of street vendors of India

[9] Sodan Singh and ors Vs. new Delhi municipal committee and ors.:(1989)4scc 155by a constitution bench of this court.

[10] Equivalent citation: 1985 AIR 1206, 1985 SCR sup. (1)849 bench: chandrachud, Y.V.

[11] The state shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall in form all the institutions of the national life.

[12] The state shall, in particular, strive to minimize the inequalities in income, and Endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst the individual but also amongst group of people residing in different areas or engaged in different vocations.

[13] Directive principles of state policy-That the citizens, men and women equally, have the right to an adequate means of livelihood.

[14] Right to work, to education and to public assistance in certain cases – the state shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in case of unemployment, old age, sickness and disablement, and in other case of undeserved want.

[15] The state shall not deny to any person equality before the law and equal protection of the law within the territory of India.

[16] 191 (g) to practice any profession, or to carry on any occupation, trade or business. “nothing in sub clause (g) of the said clause shall effect the operation of any existing law in so far as it imposes, or prevent the state from making any law imposing, in the interest of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause

[17] Fundamental right guaranteed in Indian constitution- 191(g) to practice any profession, or to carry on any occupation, trade or business. “nothing in sub clause (g) of the said clause shall effect the operation of any existing law in so far as it imposes, or prevent the state from making any law imposing, in the interest of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause.

[18] DR.john G. hibben (April 19, 1861- may 16, 1933) was a president of Princeton University. A philosopher and educator

Street Vending (Part-2)

noreply@blogger.com (Anonymous) — Sat, 28 Jun 2014 15:40:00 +0000

Street Vending (Part-2)

Interview of Dosa Wala “Anna”(Murlikrishna Swami)

· ME: hello, sorry to disturb you but I would like to take an interview of your food stall and yours. May I?

Murlikrishna shrinivas (DOSA WALA): ok thik hai. (Again this person speaks Hindi and kannad only so I am translating interview in English)

· Me: What is your good name?

Murlikrishna swami: Murlikrishna swami.

· Me: ok murlikrishna shrinivas I would like to know about your hometown and your languages you know.

Murlikrishna swami: I am 47 years old I belong from Mumbai only. I born in this city so I love this city but ma village is manglore (moodbidri). I know hindi, Marathi, kannad, tullu, English thoda thoda understand hota hai.

· Me: you look quite old so how will you survive in your older age? Will you do the same work? And before this occupation what were you doing for your stomach?

Murlikrishna swami: I had one garment’s shop but in Mumbai floods I lost everything I invested Lacs rupees on my shop’s decoration but when this flood came everything got destroy. So I started dosa stall and I don’t feel shy also because now this stall is the only source of my livelihood besides this still I am a salesman of ready-made garments like shirts, paints etc. I sell dosa-20, idli-12, utatthapa25, medu vada15. sambhar and coconut chatni .

· Me: so you do this work alone? What about your family?

Murlikrishna swami: no this boy (boy in the picture) work with me we do this work in morning only till 1 p.m. after this time i go to do my salesman work. And marriage (he smiled) yes i am married. But I have no child after that Mumbai flood incident my wife she went to manglore she stays there. And i also go to meet her in 3-4 months.

· Me: This is last question I would like to ask what are your income, profit and expenditure.

Murlikrishna swami: exact amount I can’t say but approx 1-2 thousands in a day or sometimes less than that depends. (He didn’t give me proper answer)

· Me: thank you very much for giving me your precious time.

*.................................................*..........................................................*

[2]now the last interview “Maharsathra china town” by “parimal jadhav” i would like to go ahead with this last interview :-

· Me: hello, would like to take an interview for 5 mins only may i? (This person is also a maharasthtrian so again I am translatin the interview converstation)

Manchurian wala: but why? Ok, but please be fast (he smiled)

· Me: what is your good name?

Manchurian wala: my name is parimal.

· Me: ok, parimal. So, is this the only work you do?

Parimal: yes, actually I am not litterate. I studied from marathi medium till 5 std only after that I didnt study because I was not interested in studies. Financially I don’t have any problem but I am doing this occupation because of my parents. They always forced me to do some work. My father he is a rickshaw driver in nalasopara.

· Me: ok, have you ever faced any difficulty to holding this Thhela(stall)?

Parimal: actually, i am in shiv-sena (political party). I am a member of this political party so they helped me a lot to start this.

· Me: oh! Thats good. Do you ever face BMC issue?

Parimal: honestly speaking I never faced such problem because I have registered my stall’s name so I never but yes, in this area many vegetables vendor and other ice-cream Thhela(stall) people they faced such problem but no can can help them, if you have any source only then you can earn in this Mayanagri. I am a member of shivsena so no can throw me out but here many north-Indians who are new in this city suffer from this problem every day.

· Me: ok! Thank you Mr. Parimal for giving us your worthy time.

*....................................*....................................*

Street Vending(Part-1)

noreply@blogger.com (Anonymous) — Wed, 25 Jun 2014 14:34:00 +0000

Street Vending(Part-1)

Imagination is more important than Knowledge. Knowledge is limited, Imagination is Encircles the world.

- Albert Einstein

INTRODUCTION

The term vendor is roughly synonymous with peddler or costermonger. Simply the meaning of vendor “is a person who sells something on the street, either from a stall or van or with their goods laid out on the side walk.”[1] When we talk about vendors usually we think about the food vendors but actually street vending is a vast concept which includes not only food vendors but also different type of hawkers who sells cloths, cosmetics , different types of toys , vegetables not only that other various domestic and commercial equipments on reasonable rates , and anyone can afford such price especially those who are unable to spend sky-scraping amount on these articles in shops but easily they can buy from street vendor. If we talk about the quality then there is difference but not much.

GENERAL HISTORY OF THE STREET VENDING -

Street vending began in New York as early as 1691 when pushcart peddlers were first regulated. It emerged as an attractive occupation for new immigrants who had little money and few opportunities to find other jobs. Vending enabled them to achieve financial stability while they struggled to find their footing in a new world. Before long, selling food and general items on the streets became so popular that by the turn of the century, there were more than 25,000 vendors in Manhattan alone. [2] Street vending as a profession has been practiced in India since time immemorial. However, their number has increased manifold in the recent years.

INTERVIEW OF VADAPAV WALA IN NALASOPARA (survey is based on personal interview):-

[3] Nalasopara is a small station in Mumbai in western railway line where I stay. Approx 75 Vadapav stalls are available in west area and more than that number in east. Casually Vadapav is called as the “Jaan” of Mumbai people because many people who commutes on regular basis by train used to eat Vadapav only and the one most important reason is cost which is extremely less than other street food panipuri, Chinese Bhell , Dabeli , south Indian Dosa stall. In Nalasopara the cost of vadapav is 7 rupees per. But in suburban area of Mumbai it is 10 or 15 rupees. Now I would like to move with my interviews which I took from different street vendors in my area they are:-

Pravin Ghadi –“JAI BHOLA SAI” (interview is translated in English)

· Me: hello, sorry but I would like to take your an interview may I?

Pravin Ghadi (VADAPAV WALA): “panch minute chalel”, (Yes, you can take only for 5 minutes)

· Me:What is your food stall’s name?

Pravin: “JAI BHOLA SAI”.

· Me: and yours?

Pravin: Majha naav pravin ghadi. (“my name is Pravin Ghadi” this person is maharashtrian so I am typing his reply in English only).

· Me: where you stay and where is your hometown?

Pravin: me ikdech rahto central park madhey. Majha gaon jalgaon ahe.( I stay here only near Central Park, my hometown is Jalgaon)

· Me: why you sell vadapav? You are youth and u can study at this age you are only 22. Why are you not studying?

Pravin: I know I am only 23 and and I do studies too I go to college in morning and when I come back from college then I sell vadapav from 6 p.m. to 10 p.m. and I have to do this business because this is the only livelihood of myself through which I can afford other requirements of myself. Besides this my father he does some work and he stays in jalgaon I stay here with my younger brother. We are 5 brothers and 3 sisters so the salary is not sufficient to feed and educate them so for my studies I sell vadapav and this is not my permanent work once i will pass my graduation then I will apply for government job.

· Me: good I am impressed by your thoughts hardly people do studies in this poor conditions so my wishes are with you one last question I would like to know about your daily income. What are your daily income, profit and expenditure?

Pravin: you are regular customer (he smiled) so you know it very well I sell more than 150 vadapav from 6 p.m. to 10 p.m. katlet price is 7 and vadapav also 7 but bhajji pav is 10 RS. And expenditure is approx half of the profit.

· Me: thank you very much for giving me your precious time. Do your work properly all the best for your graduation and your government job (I smiled).

*.............................................*.............................................*

[1] Oxford dictionary.

[2] Shawn basinski , director of the svp, ny times.

noreply@blogger.com (Anonymous) — Thu, 29 May 2014 18:09:00 +0000

Are Judicial Proceedings in India More Biased Towards Celebrities??

A Jury Consist of Twelve persons chosen to decide who has the better Lawyer-

Rober Frost.

Indian Judiciary from its inception has followed the principle of favoritism and this deeply rooted stigma affected the most pious organ of the Indian System. Yes, the most pious and honorable system “Judiciary” which is the third strongest pillar of Democratic Government. Sometimes judiciary is known as the guiding/hoping ray for those who are incapable to see the light in a dark tunnel but what when the guiding authority astray from its own path?? Indeed in such situation justice is impossible and especially when the culprit/offender is a well known celebrity of our great nation. In a country like India, which is a mixture of poor and rich citizens and the proportion of these two classes are highly different. In such incidents justice to a common man becomes impossible. The path to stardom favours for several celebrities but for certain of them the fame and wealth springs from criminal case rather than their success in films. Some of these celebrities slapped with criminal charges including A-Listers like Mr. Sanjay Datt, Mr. Salman Khan, The former Chief Minister Mr. Lalu Prasad Yadav and Mr. Shiney Ahuja etc.

A very famous and well known celebrity Mr. Sanjay datt, who was arrested and had spent eighteen months in jail and was booked under TADA (Terrorist and Disruptive Activities Act) ever since he was sentenced to five years of Imprisonment for illegal possession of 9MM pistol and an AK-56 assault rifle during the 1993 Mumbai Blasts. However he was acquitted from the TADA- related offences but yet a long gape of approximately 20 years for pronouncing the judgment is the crystal clear incapacity of Indian Judiciary and the biased nature of Indian Judicial Proceeding when the offender is a famous celebrity.

The unforgettable “Black Buck Case” in which a superstar Mr. Salman Khan was convicted with his co-stars Ms. Tabbu, Mr. Saif Ali Khan & Mrs. Sonali Bendre, unfortunately to say the case from 1998 to till date still in continuation. Such a long delay is simply a miscarriage of justice and judicial proceedings, Indian Judiciary which boast around the world for its legal reforms and understanding of liberal judicial thinking was/is always denied when the punishment was given to one celebrity and one layman. The specs of judiciary biased at each pace of justice and the most significant, unforgettable “Negligent Driving Case” of Mr. Salman Khan occurred on 28^th September 2002, still pending. Justice to that deceased person and his family was just kept at the stake of the biased judicial proceedings.

Google Images

Following the chain of Judicial Bias the one very famous corruption case which cannot be left without mentioning here “The Fodder Scam”. The chronology of the Fodder Scam in which former Bihar Chief Minister “Mr. Lalu Prasad” had been convicted by a special court in Ranchi. In the year of January 1996, fodder scam surfaces after Deputy Commissioner “Mr.Amit Khare” raided the office of Animal Husbandry Department. In march 1996 Patna High Court Directed CBI to investigate the scam. Apparently after a long period of more than 5 years Mr. Prasad found guilty and awarded 5 years of Imprisonment. Again unfortunately to say the biased Judiciary accepted his Bail Plea on about December 13, 2013 and just after two months of his Imprisonment he was released from the jail. Sarcastically to say the bench of Law court composed of Chief Justice and other Puisine Judges released Mr. Prasad on some Terms and Conditions. Being biased towards the different sections of society, surely a pleasant habit of our Independent Judiciary and effected common man loses his belief from the worship of judiciary and its traditional Legal system. The remarkable Trauma encourage the common man to do justice by own and consequently it gives birth to another offence which turns to aspersion on the face of society and our great laws. The highly increasing demand to make judicial proceeding smooth, speedy and impartial is the current reform which is require to be made out in present Judicial system. Being a part of a democratic country, it is the duty of citizens to look after the affairs of country and Judiciary the guardian of such rights and liabilities make such miscarriage of laws then country can/will not become an ideal Nation.

Whether it is Mr. Suniel Shetty’s Stunt-Man-Case” or Mrs. Shridevi’s Cheque bouncing case Mr. Madhur Bhandarkar and Mr. Shiney Ahuja’s rape case justice is always delayed by the Indian Judicial Proceedings and such incapacity/inability makes the travesty of Indian Laws which does the partiality with these two different sections of society. The special treatment to the celebrities was supported by the judicial proceeding and a common man without any source or reference was always denied by the legal system. However some eminent and Hon’ble Judges has taken a radical pace to eradicate such issues and it will not be a favoritism to salute those judicial heroes of our great nation but yet, the contribution was not too effective to make a drastic change in the life of a common citizens of our great nation but a hoping ray can always be alive for judicial reforms throughout the country, which is the current need of judiciary and legal system. Judicial proceedings being biased towards celebrities is surely an Anathema of God.

Justice Delayed means Justice Denied and Justice Hurried means Justice Buried.-

William Gladstone.

LAW AND IT’S LEGAL CONSEQUENCES

noreply@blogger.com (Anonymous) — Sun, 19 Jan 2014 13:58:00 +0000

LAW AND IT’S LEGAL CONSEQUENCES

(Present Requirements of Indian Diversity)

“Justice Delayed means Justice Denied and Justice Hurried is Justice Buried”

In any civilized country the word “LAW” has its significant meaning but when the question comes to conclude the Indian Judiciary the debatable questions always arise. My fellow Indians abuse the law of our nation and sometimes they prefer to stay away from this country and they look forward for foreign opportunities. Like other citizens of different countries of the world, I also a great admirer of my nation but it doesn’t mean that I like to hide my country’s flaws or to flatter my country without having any glories and achievements.

In my present writing I would like to conclude some eminent cases which has strengthen the route of Indian Judiciary in the core of this country and some cases which are/were the total miscarriage of justice. However it is not true that the miscarriage of justice was supported by all the learned Hon’ble Judges but sometimes justice was denied to common people by or due to absence/lack of majority. As we know majority plays an important role in a democratic country but sometimes it turns to bane and this is the current situation in the era of Legal Systen.

ADM. Jabalpur V/s. Shivkant Shukla familiarly known as the Habeas Cor-Pus case is one of the aspersion on the face of Indian Judiciary. This was not only the abuse of Democracy but also a rape of Indian Constitution. However it is not wrong to say that Judiciary played it’s effective role & wiped out “The Emergency Blot of 1975” today also we curse the Indian Laws but unfortunately to say the custodian of a constitution was never appreciated by the public for their effective pace.

The lonely “Article 44” of Indian Constitution is lying on a bed of Parliament which is famously known as the “Uniform Civil Code (UCC)” which was accepted/added by the father of Indian Constitution by keeping the future demand of Indian citizens but unfortunately to say it is still lying and has became a sleeping beauty and waiting for a prince charming to come and have a glance (kiss) to the Art. 44 of Indian Constitution which is still waiting to make UCC for all Indian citizens

Long years ago a wakeup call was given to the Indian parliament by many eminent Judges & Justice Chdrachud reminded parliament several times to legislate laws related to UCC or form UCC in a country but it was ignored by the parliament and it remain unattended. However the draft was prepared at the time of Rajiv Gandhi Government and the tension, agitation and protest by the different different communities of Indian Society showed its anger towards UCC which was the communal war in India and proved that the religious hatred is in the blood of Indian Society, no legislation can eradicate such envy from India. And the draft remains incomplete and after the lapse of parliament sessions draft was just a mockery of Art. 44 of Indian Constitution. For such failure I will not blame Judiciary, Executive or legislative authority, I will blame public in General who are not ready to give up their own personal laws which sometimes compel judiciary to do injustice with the thousands of people who still prefer their personal laws which morally and ethically wrong and biased.

It is a wakeup call to all my fellow citizens “please realize your Rights, perform your Duties and demand for your Laws as per the requirements of present society. Indeed Indian society is unique but sometimes unity of nation is the first priority over all personal needs.

SOME INTERESTING LEGAL UPDATES- Especially for Women

noreply@blogger.com (Anonymous) — Sun, 19 Jan 2014 10:30:00 +0000

SOME INTERESTING LEGAL UPDATES

(Women Must Read It)

Premarital Sex:-

Recently Delhi Court announced that premarital sex is immoral & no religion permits for it. While ruling on such cases the court remarked “In my opinion every act of Sexual Intercourse between two adults on the assurance of promise of marriage doesn’t become rape, if the assurance or promise is not fulfilled later on by the boy: the Judge said”.

After reading this judgment I really felt to write such article on my blog to spread such awareness among the women of my society. It is my humble request or advice to all prudent women of my nation to have at least some understanding of laws of their/our land. However by such decision we cannot conclude that “we should not fall in love/trust etc. etc… but it’s simply mean fall in love but not blindly, we should not ignore our rights and consequences of our acts. Your man should be a person with at least some common and general values. Law alone can/will not protect you in toto (entirely) you only have to make some laws for yourself to protect and maintain your own dignity, always be vigilant towards your rights and liabilities law alone can’t help to those who take advantage of it/or sleep over their rights.

Google Images

Marriage Laws Amendment Bill 2010:-

The Union Cabinet has approved the introduction of new Bill “The Marriage Laws (Amendment) Bill, 2010 which amends the Hindu Marriage Act, 1955 as well The Special Marriage Act, 1954. The extremely necessary change which has been brought up by such amendment is by bringing/introducing “Irretrievable Breakdown of marriage”- as another ground for Divorce. Few years back this ground was highly emphasized by the Division Bench consist of Justice Reddy, Justice Chinnnappa and Justice Misra in the case of Ms. Jordan Diengdeh V/s. S.S. Chopra.

Bombay High Court Ruling on Divorce matter:-

Recently Bombay High Court ruled that divorce between the parties can be granted only when the both parties are Hindus. Petition was filed by Ms. Niranjani Roshan Rao who is Hindu by birth but tied a knot with Christian man. On first stage petition was rejected by the Family Court then on appeal to the Bombay High Court it was held that “Hindi Marriage to Non-Hindu is accordance with Hindu rituals is not eligible to seek divorce under the Hindu Marriage Act”.

Application Procedure For Notary Public

noreply@blogger.com (Anonymous) — Sat, 21 Dec 2013 09:11:00 +0000

Application Procedure For Notary Public

Notary also known as a Notary public in common parlance is a qualified and experienced lawyer appointed by the state or central government on the recommendation of courts under the provisions of the Notaries Act, 1952. who can give an oath to a person and declare the legal document like affidavits and contracts produced before him as authentic, by affixing his seal and stamp on it of course by charging some officially prescribed fee under provisions of notaries act, 1952.

Google Images

The standing of Notary Public can be granted to any Lawyer or member of Indian Legal Services. It is to be noted that, No Legal Training is required to apply for Notary Public. However there are some requirements or eligibility criteria before to apply for Notary Public.

Eligibility for becoming a Notary Public

Ø Ten (seven in case of reserved categories and woman candidates) years of practice as an advocate or

Ø A member of the Indian Legal Service or

Ø Office under the Central or state Government, requiring special knowledge of law, after enrolment as an advocate or

Ø An officer in the dependent of judge, Advocate- General or in the armed forces.

if the above requirements have compiled then download and fill this form Here and send it on the following address:

Ministry of Law and Justice,

4th Floor, A-Wing, Shastri Bhawan,

New Delhi-110 001.

For more details please refer "THE NOTARIES ACT, 1952" Here

"Hot News Doctrine"

noreply@blogger.com (Anonymous) — Mon, 30 Sep 2013 11:57:00 +0000

Applicability and brief study of Hot News Doctrine

Meaning of Hot- News Doctrine:

The concept of Hot News Doctrine is the creation of modern business world and the importance of particular news at a particular point of Time. The important News and Live events televised around the world can be protected through this doctrine.

The “Hot News” doctrine refers to a very specific aspect of copyright. Copyright, a legal doctrine with a long tradition, involves legal protections for works that have been published, for which there is clear authorship, and the economic value of which does not recede over short periods of time.

Applicability of Hot News Doctrine in INDIA:

M/s. Marksman Marketing Private Limited v. Bharti Tele-Ventures Limited, 2006, popularly known as “Marksman Case”. The Hot News Doctrine had not earlier been applied by the Indian judiciary. Since the judgment of the Madras High Court in 2006, the Doctrine of Hot News has become more prominent in India’s copyright landscape and is likely to develop further as business in “Hot News” expands.

Brief study about the recent Case on "Hot News Doctrine".

Piyush Agarwal (Cricbuzz) and Ors. Vs. Star India Private Limited

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT

HON'BLE MR. JUSTICE NAJMI WAZIRI

Facts of the Case:

The facts of the present case are as follow:

1. Star India Pvt. Ltd. (Star) filed three suits against Piyush Agarwal (Cricbuzz), Idea Cellular (“Idea”) and OnMobile Global Ltd. (“ONMOBILE”). The Board of Cricket Control in India (BCCI) was grouped as the common defendant in all the three cases.

2. BCCI, however, supported Star, claiming paramount rights over all information emanating from cricketing events as the organizer and promoter of that sport in India.

3. Star and BCCI contended in the suit that the latter (BCCI) by agreement dated 10.08.2012 had assigned a “bouquet of rights‟ exclusively to Star. These included “Mobile Rights‟ and “Mobile Activation Rights‟, and Star alleged that the defendants had violated those rights and consequently filed the suits currently in question for permanent injunction and damages.

4. The defendants resisted Star’s claims and asserted that such rights claimed by it did not exist, and as there was no question of enforcement of a non-existent right, no relief could be granted. Before the learned Single Judge, HON’BLE MR. JUSTICE M.L. MEHTA the defendants (Piyush Agarwal and Ors.) contentions were rejected and the ad-interim injunction sought was granted. (Decision dated 13-03-2013)

Brief summary of the order of Division Bench of Delhi High Court:

Ø Direct Competitors:

Court held that when the both parties are direct competitors then only doctrine of “Hot News” can be apply. It cannot be merely apply where the plaintiff's primary service or product is not hot news distribution, but match organisation or broadcasting of those events. In the present case respondent is failed to show to the court, how it had proprietary rights over the facts and information. As neither Star, nor BCCI engaged themselves primarily in match news distribution through SMS. So in the instant case “International News Service vs. Associated Press” rule doesn't apply.

In view of the above discussion, it was held by the court “that the plaintiffs claim for ad interim injunction on all counts, i.e. ownership of facts based on the “hot news” principle and the claims for unfair competition and unjust enrichment cannot be granted. Prima facie, it is also held that claims so made are statutorily precluded. Consequently, the impugned judgment and order of the learned Single Judge has to be set aside and court allows the all three appeals”.

(for more information regarding this case please click here.)

Internet & its Legal issues

noreply@blogger.com (Anonymous) — Mon, 30 Sep 2013 11:13:00 +0000

Internet & its Legal issues (Internet Cases and disputes)

Palghar Case

Criminal case was filed against the two 21 year old women, Shaheen Dhada and Rinu Shrinivasan for posting and commenting on Facebook regarding the shutdown on the day of Shiv-Sena chief Bal Thackeray's funeral. The complaint was filed by Sankhe, a member of Palghar unit of Shiv Sena. The girls were arrested under 66(a) of IT Act (punishment for sending offensive messages through communication service). The girls' subsequent arrest had sparked a nationwide outrage which embarrassed the Maharashtra government. Later, the police had concluded that there was no evidence against the girls. So the police withdrew the charges by filing ‘C’ Summary report, on the grounds that “it was neither true nor false”. The session court accepted the police closure report and dropped the charges.

July 24, 2013 Bombay high court reprimanded the Maharashtra Government for not launching Criminal proceedings against the illegal arrest of palghar girls “There cannot be a different law for common citizens and police officers," it warned. Division bench of Justice Dharmadhikari and Justice Shukre was hearing a PIL calling attention to the delay in action on an inquiry report submitted by the special inspector general (Konkan range) into the wrongful arrests of Palghar girls.

Ravi Shridhar (Pondicherry, Twitter case)

Ravi Shrinivasan Pondicherry based businessman was arrested by the police under S/66(a) of IT Act. The complaint was filed by Karti Chidambaram (son of P. Chidambaram) through an E-Mail to the Inspector General of Police, in which he accused him of malicious intent to defame a good man. He was produced before a judicial magistrate and released on bail.

Ambikesh Mahaptara (Mamta Banerji, Cartoon Case)

Ambikesh Mahapatra (a chemistry professor) and Subrata Sengupta were arrested by the police for circulating emails mocking Mamta banerjee (CM), Mukul Roy and Dinesh Trivedi. They were charged under the following grounds:

1. Defamation (s/500) IPC

2. Intended to insult modesty of woman. (s/509) IPC

3. Sending false and offensive message through communication services u/s. 66(a)

First two charges against Mr. Ambikesh were dropped by the court and the Commission said that “prima facie there was no case against the two under Section 509 of IPC. It also pointed out that their arrest was a case of, police excess and highhandedness.”

After a massive hue and cry generated by their arrest, Professor Mahapatra was granted bail the next day. After the incident Bengal Human Rights Commission took the Suo Moto cognizance of the case, not only recommended departmental proceedings against two police officers for being "over-zealous" but also ordered the state government to pay compensation of Rs.50, 000 to Professor Mahapatra and his neighbour.

8^th march 2013’s report Calcutta High Court refused to admit a petition seeking judicial to the Mamata Banerjee government to implement the human rights commission’s recommendation in the Ambikesh Mahapatra case. The division bench of Chief Justice Arun Mishra and Justice Joymalya Bagchi heard the petition. The Division bench said that "The media wrongly reported on March 1 that the petition was admitted. It was not correct." And it also asked “why the person concerned (Prof Mahapatra) not filed a case, and what interest did the litigant have in filing the PIL”.

On 31^st august 2013 Division bench asked Prof. Mahaptara to inform High Court about his view on PIL within two weeks.

Shreya Singhal’s PIL

30^th November 2012 report- Chief Justice of India Altamas Kabir on Friday asked three central ministries, the states of Maharashtra, West Bengal and Delhi and the Union Territory of Puducherry on Friday to respond within four weeks to a public interest petition (PIL) seeking an amendment to the controversial Section 66A of the Information Technology (IT) Act.

Chief Justice also asked also asked the Maharashtra government to explain why the two girls in Palghar near Mumbai were arrested last week for criticizing on Facebook the shutdown in the city for Shiv Sena chief Bal Thackeray’s funeral.

Singhal contended in her plea that “the phraseology of section 66A of the IT Act, 2000, is so wide and vague and incapable of being judged on objective standards, that it is susceptible to wanton abuse and, hence, falls foul of Article 14, 19 (1)(a) and Article 21 of the Constitution.”

Blackberry Dispute

Blackberry limited formerly known as Research In Motion Limited (RIM) is a Canadian telecommunication and wireless equipment company best known as the developer of the BlackBerry brand of smartphones and tablets. Due to its confidential agreements service security policy with their consumers it was not allowed to check any confidential information about the Blackberry consumers. Initially check on emails sent/received via BlackBerry Internet Service (BIS) over BlackBerry devices were restricted

Indian law enforcement agencies opposed the RIM for their restriction, as it was the matter of National security. After a four year standoff with Indian Government over providing encryption keys for its secure corporate emails and popular messenger services was finally set to end. The lawful access capability now available to BlackBerry's carrier partners meets the standard required by the Government of India for all consumer messaging services offered in the Indian marketplace.

July 10, 2013 it was reported that the Government will soon sign an official agreement with BlackBerry. According to the agreement which is to be signed between the Indian Government and BlackBerry, the company will also train five government officials to handle company’s technical architecture, operation and maintenance of the monitoring facility at its Ontario facility.

Google vs. China

About past few years china has banned some Google services for e.g. Google docs, Google Drive, Google encrypted, Google+, Google sites etc. not only Google but also other website such as Facebook, Youtube, Skype, Blogspot, Wordpress and many other websites. The Google-China dispute surfaced on January 12, 2010 when the search engine company said it and other companies were the target of cyber-attacks originating in China aimed at gaining access to the e-mail of Chinese advocates for human rights.

Google announced that it is no longer willing to comply with China's requirements that it censor the results of searches in that country. The relationship between Google and China has never been smooth, as the search engine's mission "to organize the world's information and make it universally accessible" flies directly in the face of the country's restrictive government.

One more notable incident which Chinese government did to prove its rigidity regarding its internet policies was proved when China blocked access to the New York Times after the outlet published an investigative report on the wealth of Chinese Premier Wen Jiabao and his family.

Legal Language (English Translation of some Legal Terms)

noreply@blogger.com (Anonymous) — Mon, 26 Aug 2013 12:13:00 +0000

Legal Language (English Translation of some Legal Terms)

1. Ab Initio: from the beginning

2. Ad finem: toward the end

3. Ad hoc: for this special purpose

4. Ad infinitium: to infinity

5. Ad interim: for the meantime

6. Alibi: a claim or piece of evidence that one was elsewhere when ac act happened

7. Amicus curiae: a friend of Law Court, a disinterested adviser, not a party to the case.

8. Audi alterem partem: hear the other side, no one can be unheard

9. Bona fide: in good faith

10. Causa sine qua non: an indispensable cause

11. Cause célèbre: a peculiary notable trial

12. Caveat actor: let the doer beware, let the buyer beware

13. Caveat emptor: it’s the buyer’s look-out

14. Censor morum: censor of morals

15. Centum: a hundred

16. Cesti que trust: a beneficiary under a trust

17. De facto: in actual fact, really

18. De jure: in law

19. De novo: new

20. Detenue: a prisoner

21. Exeunt: leave the stage

22. Exeunt omnes: all leave the stage

23. Ex gratia: as an act of grace

24. Faux pas: a false step, a mistake

25. Ignoratia legis neminem excusat: ignorance of law excuses nobody

26. In absentia: in absence

27. In camera: in a judge’s private room, in secret

28. In esse: in existence

29. In forma pauperis: as a poor man

30. Infra: below, lower down on the page or further on in the book

31. Infra dig: below one’s dignity

32. In presenti: at the present time

33. In principio: in the beginning

34. Inter alia: among other things

35. Inter vires: between living persons

36. In toto: entirely

37. Ipso jure: by the law itself

38. Jus: law

39. Jus civile: civil law

40. Lis pendense: pending suit

41. Locus standi: the right bring an action

42. Mens rea: guilty mind

43. Magnum opus: a great work

44. Mala fide: in bad faith, treacherously

45. Memorabilia: things worth remembering

46. Modus: mode, manner

47. Modus operandi: mode of operations

48. Nee: born, used in station a woman’s maiden name

49. Nouveau riche: one who has but lately acquired wealth, an upstart

50. O sancta simplicitas!: O holy simplicity!

51. Pari passu: at an equal rate or pace

52. Partim: in part

53. Pendent lite: during the process of litigation

54. Per: through, according to

55. Per diem: per day

56. Per mensem: per year

57. Pesona grata: a person who is acceptable to those to whom he is sent

58. Prima facie: on the first view, at first sight

59. Pro tanto: to that extent

60. Pro tempore: for the time being

61. Pro rata: in proportion

62. Ratio decidendi: reasons for deciding

63. Respondent superior: let the master answer

64. Sic: so, thus

65. Sine die: without a day (appointed), of a meeting adjourned for an indefinite period

66. Sine qua non: an indispensible condition

67. Status quo: the existing condition

68. Sub judice: under consideration

69. Sub poena: under a penalty

70. Tour de force: a feat of strength or skill

71. Ultra vires: beyond one’s power, unconstitutional

72. Ut supra: as above

73. Vice versa: in order being reserved, terms exchanged

74. Vis major: act of god

75. Viva voce: by oral testimony

(Source: Google & An English Literature Book named "Law And Literature" by Dr. Shakuntala Bharwani, Prof. of Government Law College, Chucrchgate)

Provisions of New Companies Bill

noreply@blogger.com (Anonymous) — Wed, 14 Aug 2013 09:21:00 +0000

Provisions Under New Companies Bills 2013

Under the new Companies Bill some major changes have been made since the bill is yet under the consideration of the president of India so the brief scenario is available. There are some major changes which have been made by the new Companies Bills, are as follows:-

Number of members:

In the new Companies Bill the number of members of Private company has been changed so now it is 200 in the earlier bill it used to be 50.

Number of Directors:

The Minimum Number of Directors in regard with Public Company is Three and in case of Private Company it is Two.

Woman Director:

Under the new Bill there is also a provision for Woman director. Bill has added a clause in which one woman director is require to be on the board of such class or classes of companies as may be prescribed.

Resident Director:

In the New bill it is mentioned that in every company there should be one Resident Director who has stayed in India not less than "One Hundred and Eight-two days" in the previous calendar year.

Key Managerial Person (KMP):

Key Managerial Person i.e. KMP includes "The Chief Executive Officer" or "Managing Director" or "Manager" and it also includes "Company Secretary (C.S)" , "Full- Time Director", "The Chief Financial Officer".

Concept of Dormant Companies:

In the present bill there are some provisions in regard with Dormant Company which says that Dormant Company formed under this Act for the future projects or to hold an assent or intellectual property and has no Significant Accounting Transactions".

In the new Companies Bill significant transaction means the transaction other than-

· Payment of fees by the company to the Registrar,

· Payments made by it to fulfill the requirements of this act or any other Law.

· Allotment of shares to fulfill the requirements of this act; and

· Payments for maintenance of its office and record.

And as per the current bill a Dormant Company is require to conduct two meetings in a year.

Concept of Foreign Company:

foreign company means a "company incorporated outside India and has a place of business in India through an agent (agent could be a Human Being or any medium of Electronic Mode).

Board Meeting:

Seven days' prior notice is require to give for the Conduct of Board Meeting and the notice can be send through the Electronic means to every director at his respective registered address.

Annual General Meeting (AGM)

The first AGM should be held within a period of Nine months and one more notable thing which says that meetings cannot be held on National Holidays.

Some other Important Changes are as follows:

· Members are allowed to vote at meetings by Electronic Means.

· Postal Ballot provisions will be applicable to all companies.

· In the current bill video conference or other Audio-Visuals are permitted. The director's participants through the video conferencing\other Audio-Visuals means will be counted for quorum.

· E- voting clause is also brought up by the new Companies Bill.

The New Companies Bill 2013

noreply@blogger.com (Anonymous) — Tue, 13 Aug 2013 10:40:00 +0000

The New Companies Bill 2013

The Companies Bill 2013 has been passed by the Parliament and it is under the absolute consideration of president's assent. So the brief information is available regarding the new provisions. Some major changes also made by the new Companies Bill which were not under the earlier bill for e.g. in the current bill video conference or other audio-visuals are permitted and the director participants through the video conferencing\other audio-visuals means will be counted for quorum.

E- voting clause is also brought up by the new Companies Bill. It is noteworthy that new Companies Bill has added a clause in which one woman director is require to be on the board of such class or classes of companies as may be prescribed. As per the current bill a Dormant Company is require to conduct two meetings in a year.

In the bill significant transaction means the transaction other than-

· Payment of fees by the company to the Registrar,

· Payments made by it to fulfill the requirements of this act or any other Law.

· Allotment of shares to fulfill the requirements of this act; and

· Payments for maintenance of its office and record.

There is also an another way through which company can get the status of "Dormant Company' for e.g. if the company is unable to maintain financial statement or annual returns for two years, registrar is authorize to issue a notice and can enter that company's name under the Dormant Company's register.

However the mentioned information is not crystal clear because we have received the information from newspaper and other media resources. Once the bill will be notified under the official gazette of Government of India then the mentioned information will be accurate to my knowledge.

Director's Report Under Company LAW

noreply@blogger.com (Anonymous) — Tue, 23 Jul 2013 10:04:00 +0000

SECTION 217 OF Company Law

Company Law's Section 217(1) states that Board's Report prepared by its Board of Directors should be attached with every Balance-Sheet, and then should place before a Company in it's General Meeting. which should contain the following dealings of company:-

1. Company's Affair.

2. Amounts which proposes to carry to any reserves in such Balance-Sheet.

3. Amount, which it recommends to be paid by way of Dividend

4. Material changes and commitments, affecting the financial position of the company between the end of the financial year of the company related with Balance-Sheet and the dates of report.

5. Conservation of energy, technology, absorption, foreign exchange earning and outgo, in such manner as prescribed.

The above requisites are essential to prepare a Board's Report hence, the Board's Report should be made according to the Regulations.

So far as Positive Reception of company is concern Section 217 (2) evidently states that the Board's Report is material for the appreciation of the company's affair by its members and should not be harmful to the business or its subsidiaries, deal with any changes occurred during the financial year, in the Board's opinion in regarding to company's business, Company's subsidiaries or in the nature of the business carried on by them and classes of business in which company has an interest.

The Board's Report should include a statement where name of every employee of the company shall be mentioned [217(2)A].

Board's Report also include a Director's Responsibility Statement under 217(2AA) which indicate that (a) While preparing of the annual accounts, the applicable accounting standards should be followed along with proper explanation relating to material departure. (b) To give a true and fair view to the affairs of the company at the end of the financial year and profit or loss of the company for that period the directors had already selected such accounting policies so they should apply them consistently and should have make the judgments and estimates which are reasonable & prudent.(c) In statement it should be mention that director had taken proper and sufficient care for the maintenance of adequate accounting records in accordance with provisions of this Act for safeguarding the assets of the company and for preventing & detecting fraud and other irregularities. (d) Lastly, it should be mention that Directors had prepared annual accounts on a going concern basis. The point namely (a), (b), (c) & (d) are the requisites which should be follow before to make Director's Responsibility Statement.

Hence in above paragraphs we have mentioned the following descriptions of Section 217 of Company Law:

1. Board's Report prepared by its Board of Directors should be attached with every Balance-

Sheet. 217(1)

2. Appreciation of the Company's Affair 217(2)

3. Name of Employees on Board's Report [217(2)A].

4. Director's Responsibility Statement 217(2AA).

Rules Regarding the Appointment of Alternate Director

noreply@blogger.com (Anonymous) — Tue, 23 Jul 2013 09:57:00 +0000

Companies Act, 1956

(Rules Regarding the Appointment of Alternate Director)

Under sec. 313 (1) of companies act the board of directors of the company can appoint alternate Director. They are the only authority who is authorized and can appoint, by passing a resolution by company in general meeting, and the appointed person will act for a director during his absence for a period of not less than 3 Months from the state in which meetings of the Board is going to held.

Under section 313 (2) an alternate director who is appointed under sub-section (1) should not hold office for a period longer than that permissible to the original director in whose place he/she has been appointed and should vacate office and when the original directors returns to the state in which meetings of the Board is going to held.

And under sub-section (3) of sec. 313 it is mentioned that," if the term of office of the original director is determined before he returns to the state, any provision for the automatic re-appointment of retiring directors in default of another appointment shall apply to the original, and not to the alternate director"

Do you know what HAWALA is??

noreply@blogger.com (Anonymous) — Sat, 08 Jun 2013 09:34:00 +0000

Do you know what HAWALA is??

“HAWALA”, a word is making headlines very often. Hawala means ‘TRUST’ Hawala is also known as HUNDI is an informal value transfer system based on performance and honor of money broker. Simply Hawala is a system or agency of transferring money based on trust, whereby money can be made available internationally without actually moving it or leaving a record of the transaction. It involves money transfer without the knowledge of the Reserve Bank of India and the Law Enforcement Agencies.

WHY IS HAWALA USED??

Because of the number of the people involved it’s tough to collect evidence and prove it is the court. It can be used in the court to evade taxes, beat exchange rates, to transfer Black money. There are some reasons behind of Hawala used they are:-

1. The commission rates for transferring money through Hawla are quite low.

2. No requirement of any ID proof and disclosure of source of Income is there.

3. It has emerged as a reliable and efficient system of remittance.

4. As there is no physical movement of cash, Hawala operators provide better exchange as compared to the official exchange rates.

5. It is simple and hassle free process when compared to the extensive documentation being done by the bank.

6. It is the only source to transfer unaccountable income.

OTHER FUND WIRE SYSTEM FOR MONEY LAUNDERING

CHIPS: - Clearing House Interbank Payments System. An interbank payments system is related to the international trade. CHIPS is used for the transfer of international trade Dollar.

CHAPS: - Clearing House Automated Payments System. Operated by bankers clearing house of London. CHAPS is used for interbank messaging and wire transferring involving British Pounds.

BOJNET: - Electronic wire transfer system overseen by the Bank of Japan.

THE PUNISHMENT FOR MONEY LAUNDERING

U/s. 4, PMLA, (Prevention of Money Laundering Act.)

Rigorous punishment for not less than 3 years but may extend to 7 years or in some cases , even up to 10 years a person also have to pay a fine of Rs. 5 Lakh.

NO AGE LIMITATION IN THIS WORLD

noreply@blogger.com (Anonymous) — Thu, 06 Jun 2013 09:31:00 +0000

NO AGE LIMITATION IN THIS WORLD

(Age limitation should be abolished in certain cases)

As we have seen in the present case of “Damini” one of the rapist was a minor and many people said that he was the most brutal during the incident. My present writing is not related with the case or any other social injustice of my great nation but the question arises in my mind if “Malala Yusufazi” can receive the award of NATIONAL YOUTH PRIZE” for her great work of woman’s right activism at the age of 15 then why can’t the criminal of “Damini” case get the capital punishment or any other severe punishment?? Why the Indian laws are protecting those beasts??

Minors can pregnant any major or minor girl but instead of punishment he will receive the shelter of our Indian laws just only on the basis of a word “minor”. Minors can rape can conceive but can’t get punishment. We all know that generally the girl’s puberty begins at the age of 10-11 and boys at 11-12. Girls usually complete puberty by ages 15-16 and boys at 16-17. The major landmark of female puberty is menstruation which occurs on average age between 12-13 & for males, its first ejaculation which occurs on average age at 13.

Minors can do sexual assault but can’t get punishment because they are under the shelter of law. I just can hope “one day my nation will raise its voice against all the immoral, unethical things which is going on this country on large scale. I also hope one day we will fight the battle instead of lightening the candles & 2-3 days mere protest.

This poem for you DAMINI

My entire day was so fine

Was enjoying love life with lover of mine

Holding each other’s hand so tightly

Thought my love is almighty

Was walking on the street of love

Five wolfs and one cub was roaring high

Legs of mine was very sigh

Cursing that moment with voice high

I raped by them assaulted by them

My voice was full of sorrow rhythm

They naked my but not my soul

I died with purity, not by filth

My sacrifice will light millions of future

Laws made in my case will protect thousands creatures

I am still alive in my nation

My fragrance is roaming in this world

INTERNSHIP IN PANGEA3

noreply@blogger.com (Anonymous) — Thu, 06 Jun 2013 08:49:00 +0000

INTERNSHIP AT PANGEA3

HOW TO APPLY:-

You can send your C.V. to the following Email address:-

P3career@thomsonreuters.com

INTERVIEW :-

The interview process of Pangea3 is quite fast there are three rounds for the interview in first two rounds general written test we have to give and the last round is oral interview in which they will ask you something about pangea3. So all those who wish to apply should do little homework about pangea3 for eg. Firm profile, rank and the most important what LPO is all about... the entire process is not so tedious.

STIPEND:-
The stipend amount is based on the pro-rata basis. The monthly stipend amount is 7500 and if you doing extra hours they will pay you extra money for your work.

OFFICE TIMING:-

Pangea3’s office timing is 10 a.m. to 7 p.m. however it varies everyday so we can say that it’s all depends on your work and performance. You should have speed with quality. Saturday and Sunday you will get holiday but they can cancel it as well if there is heavy workload.

FACILITIES:-

The best part about pangea3 is that they provide shuttle (bus) pick and drop from Andheri (E) station and from kurla station as well. Canteen facility is also pretty good. You will get food over there on reasonable rate. Pangea3 also provide rest room if your are ill or need rest. Gaming facility is also there.

WORK:-

The work environment is good. Staff is also pretty good and friendly. It is noteworthy that in pangea3 everyone calls their boss and colleagues by their name. So sir, madam restrictions and if still you calling they will interrupt you. The work type is totally based on computer software. So you should have good knowledge of computers otherwise it can create a problem. The entire system of pangea3 is IT related including attendance sheet to manner of work. So it is important to pay attention on training if you will miss it then it will be quite tough to understand those problems which will occur in future.

WHAT IS NOT GOOD ABOUT PANGEA3??

Hmmmmmmmm everything is good in pangea3 but the work pressure is horrible without completing your work you cannot leave the office. They have high heavy work load you will not come to know about the day. While leaving the office dark night with horror traffic you will get to see in each & every day of your work. Your social life will become bit impossible if you doing internship in pangea3 but overall it is adventurous and something new work you will see over there which is totally different from Indian law firm. Before joining pangea3 be prepare with your all legal documents otherwise you might can lose your internship due to absence of single document.

“It is good to learn something new & different” that you will think on the last day of your internship

For more information please refer the website address http://www.pangea3.com/about/contact.html

DO you know who the first Deputy prime Minister of India was?

noreply@blogger.com (Anonymous) — Thu, 06 Jun 2013 06:39:00 +0000

DO you know who the first Deputy prime               Minister of India was?

Before to say anything on this topic I would like to share my one experience with all of you. Once upon a time I and my friends were dealing with one constitutional case. That case was on the constitutional power of the president of India so we were discussing about president suddenly I asked one question to all my friends that “who was the first president of India?” my all friends were blank because they never heard anything about DPM they said in our democracy we don’t have such position I said “we had DPM but now we don’t have”. They told me to bring some proof I laughed that time because I was sure that we had DPM position because I was an Arts student in my 12^th standard I had political science and my political science’s professor discussed this many time but I never heard properly but I had basic idea about the conversation. Though this topic is not so important but when my life moved further those small small things were coming ahead in my life and that time I understood the worth of knowledge.

     The deputy Prime Minister of India is a member of the Indian cabinet under the Indian government, but this post is not a constitutional post and seldom carries any specific powers. Generally the DPM also holds other key portfolio like home minister or finance minister. Though the Indian constitution does not specify the position and Prime minister himself being treated as “first among equals” in the cabinet the position of DPM is sometimes used by government to bring political stability and strength by including a powerful individual or in times of emergency when a proper claim of command is necessary. The first DPM of India was Sardar Vallabhbhai Patel and the last was Lal Krishna Advani but now in India we don’t have such position.

1.   Sardar Vallabhbhai Patel- 15^th August 1947 to 50

2.   Moraji Desai- 1967 to 69

3.   Choudhary Charan Singh- 1977 to 78

4.   Jagjivan Ram- 1978 to 79

5.   Yashvantrochavan- 1979 to 80 (lost election)

6.   Chaudhari Devi Lal- 1989-90

7.   Chaudhari Devi Lal- 1991-928.
8.Lal Krishna Advani- 2002- 04 (lost election)