Scope of ‘Appropriate Government’ under Indian Labor Laws

“Appropriate government” is defined under section 2(b) of IRC 2020 as; “In relation to any industrial establishment or undertaking carried on by or under the authority of the Central Government or concerning any such controlled industry as may be specified in this behalf by the Central Government…… including establishments of the contractors for the purposes … More Scope of ‘Appropriate Government’ under Indian Labor Laws

Evaluation- an important aspect of Corporate Governance

The duties of directors were first time codified in the Companies Act, 2013 under Section 166 which specifies that, company’s director shall act in accordance with articles of the company along with mandates to the directors as specified in the Act. It is required under section 178 (1) of Company Act, 2013 read with Rule … More Evaluation- an important aspect of Corporate Governance

Performance Evaluation of the Board – Laws and Processes

As per the Guidance Note on Board Evaluation issued by SEBI on January 5, 2017, the process of evaluation involves;  Identifying the objectives of evaluation  Criteria of evaluation  Method of evaluation  Identifying the objectives of evaluation  It helps in streamlining evaluation process, analyzing results and taking actions appropriate actions. Objectives can be; General objectives – … More Performance Evaluation of the Board – Laws and Processes

Maternity Benefits in Labor Law – Integrating Genders

The recent progressions on recognition and acceptance of ‘other gender’ have induced discussion on extending rights and laws to the LGBTQ community as the constitution guarantees equality of all genders. One of such discussion is extended pertaining to maternity rights and labor laws concerning same. Maternity benefits are provided to protect dignity of motherhood while … More Maternity Benefits in Labor Law – Integrating Genders

AMENDMENT CLAUSE

Analysis of Constitutional change Article 368 in Part XX of the Constitution deals with the powers of the Parliament to amend (i.e. to modify) the Constitution and its procedure. There are 3 types of amendments in the Indian Constitution. 1. Simple Majority Bills passed in this way are not deemed as ‘Constitutional Amendment Bill’. 50% + 1 members … More AMENDMENT CLAUSE

Walk with growth- A peek to future banking

Introduction Post 2008 global financial crisis, reputation of financial institutions including banks was tarnished leading to declining trust in conventional banking systems. Banks worldwide subsequently reported significant liquidity shortage (Milne, 2018)as, in the US, crisis hit big financial powerhouses like JPMorgan Chase, Morgan Stanley; Finland reported considerable decline in private investments (Söderlund & Kestilä-Kekkonen, 2014); … More Walk with growth- A peek to future banking

The doctrine of “Transborder Reputation” of Trademarks in India

A short note “Transborder reputation” protects the trademarks not registered in India as courts are not bound to consider the question of prior usage strictly within the geographical limits of India. In today’s world, technological advancements and good communication means, the products if don’t reach the market, reach the views via advertisements, internet as well … More The doctrine of “Transborder Reputation” of Trademarks in India

Modified Universalism in intersection of arbitration and insolvency

An Interplay between customary law norm and Model Law on Cross Border Insolvency The New York Convention has been a successful instrument towards harmonisation of standards for assessing enforceability of awards and referring parties to arbitration. However, jurisdictional deviations have been in place, alongside modified universalism. Opinions have tilted towards a customary law norm to … More Modified Universalism in intersection of arbitration and insolvency

‘Evergreening of Patents’ and history in India

A short note In “Evergreening- A controversial issue in Pharma Milieu” by Glenmark pharmaceuticals, evergreening is defined as “ways to take undue advantage of law and associated regulatory processes to extend IP monopoly over important drugs by filing disguised/artful patents on patent protected inventions before expiry of parent patent” (Bansal, Sahu et al., 2009). In … More ‘Evergreening of Patents’ and history in India

The Storm of Unprecedented Ferocity by Johannes Cha

A reaction paper Born, brought up and even finished education from University of Hong Kong, Johannes Chan Man-mun is a professor at his alma mater University of Hong Kong as well as the dean of Faculty of Law. A man who faced several hurdles because of his interests and writings on Human Rights, Constitutional and … More The Storm of Unprecedented Ferocity by Johannes Cha

Conceptualising authoritarian constitutionalism By Roberto Niembro Ortega

A reaction paper A new term yet not new to us, Authoritative Constitutionalism. As the name gives away, it has something to do with Authoritarian which is strict obedience with the authority or (quoting Gunter Frankenberg) ‘right to command obedience’ and constitutionalism which is just opposite, limiting political powers (as said by Ortega) and/or a … More Conceptualising authoritarian constitutionalism By Roberto Niembro Ortega

Singapore summit- Filling gaps amongst rival nations 

“Successful leaders are the ones who promote peace not war”, said Donald Trump in the historical Singapore summit, a meeting between North Korean leader Kim Jong-un and America’s president Donald Trump. Recently in Singapore on 12th June 2018, a historical meeting of the two biggest rivalries of world North Korea and America was held purpose … More Singapore summit- Filling gaps amongst rival nations 

Occupational health hazard of migrant workers post COVID-19

A Legal Analysis “They were willing to work all the time, and when people did their best, ought they not be able to keep alive?”  –Upton Sinclair  Two men were found dead in 2016, in a water tank at the Anna University Campus in Chennai, hired to seal off an air leakage issue. The deaths … More Occupational health hazard of migrant workers post COVID-19

Contracts of Sale, Auction Sale, Instalment purchase and Hire Purchase

Judicial Interpretation Judicial interpretation refers to different ways opted by judiciary to interpret the law, particularly constitutional legislations and subsidiary laws. There are different methods of judicial interpretation. Such kind of judicial interpretation of present statutes and set principles help us to correct lacunas and discrepancies in our legal system. Before explaining how our legal system interpreted and … More Contracts of Sale, Auction Sale, Instalment purchase and Hire Purchase

Judicial development post 2005 amendment of Patent Act, 1970 [sec 3(d)]

There has been massive development in field of pharma post 2005 amendment of the Patent Act, 1970. The important cases thus are explained below.  NOVARTIS AG DRUG GLIVEC CASE Figure 2 Timeline for the landmark judgement on Sec 3(d). Facts-  Novartis, a swiss drug firm filed an application for seeking patent in Chennai Indian Patent … More Judicial development post 2005 amendment of Patent Act, 1970 [sec 3(d)]

HussainBhai, Calicut v. The Alath Factory Thezhilali Union, Kozhikode and others

(1978) 4 SCC 260 Builders or company owners hire contractors to facilitate the industry with workers. In such a situation, who can be called the employer of those workers, principal or contractor?  Worker is defined under section 2 (zr) of Industrial Relations Code, 2020 as “a person employed in an industry to do any manual, … More HussainBhai, Calicut v. The Alath Factory Thezhilali Union, Kozhikode and others

Copyright Bargain: Root of evil, Sum of blessing

Introduction “Thou Shalt not Steal” was a strong opinion held by the supreme court in the case of Grand Upright Music v. Warner Brothers, reflecting upon the the legitimacy of appropriating someone else’s work as yours, even with transformations. Though this strict approach stifles creative expression, nonetheless, there has to be a balance drawn between … More Copyright Bargain: Root of evil, Sum of blessing

Citizenship Amendment Act- A perspective 

Nelson Mandela in his speech on an Annual Children’s Celebration at Bloemfontein on 27th September, 2003 said, “Good wise leaders respect the law and basic values of their society”.  Nothing in today’s world stand black and white, rather I believe that everything is grey. The sole distinction perhaps is of the shade. As more of … More Citizenship Amendment Act- A perspective