Day: December 17, 2014

Ombudsman: A Critical Appraisal

By Soumik Chakraborty Editor’s Note: An ombudsman is a person who acts as a trusted intermediary between either the state, elements of state or an organization, and some internal or external constituency, while representing not only but mostly the broad scope of constituent interests. Ombudsman is etymologically rooted in the Old Norse word umboðsmaðr, essentially meaning “representative”. In […]

Critical Appraisal of Information Technology Act

By Soumik Chakraborty and Sreedhar Kusuman Editor’s Note: The Information Technology (Amendment) Act, 2008 serves as a suitable case study for an analysis of the legislative exercise of law and policy formulation in the field of cybercrime legislation, revealing quite emphatically the need for carefully worded provisions, foresight in the drafting […]

Corporation As Nexus of Contracts: A Critique

By Soumik Chakraborty Editor’s Note: The notion of a legally sanctioned corporation remains controversial for several reasons, most of which stem from the granting of corporations both limited liability on the part of its members and the status and rights of a legal person. The nexus of contracts theory is an idea put forth […]

Removal of Public Nuisance: Section 133 of CrPC

By Soumik Chakraborty Editor’s Note: The author attempts to analyze Section 133 of the Code of Criminal Procedure which deals with the procedure for removal of public nuisance and process thereof along with the analysis of few case laws. Introduction Conditional order—Section 133 provides for a rough and ready procedure […]

Executors & Administrators: Powers & Duties

By Soumik Chakraborty Editor’s Note: An executor appointed under a Will, in effect, stands in the testator’s place after death.  Similarly, an administrator stands in the place of the deceased even though he or she is appointed by the court. This paper attempts to analyze the existing law in that regard. […]

Freedom of Press- From 1950 to 1970

By Soumik Chakraborty Editor’s Note:Freedom of speech and of the press lay at the foundation of all democratic organisations, for without free political discussion no public education, so essential for the proper functioning of the process of popular government, is possible. This paper seeks to make a historical analysis of […]

Changes in Labor Jurisprudence in West Bengal

By Soumik Chakraborty Editor’s Note: The Industrial Disputes Act and other peripheral labor law legislations are socialistic, beneficial legislation, and must be interpreted in the best manner possible to favor the vulnerable sections of society. But at the same time attempts by parties to file frivolous and malicious suits based […]

Rights under the Semiconductor Act, 2000

By Soumik Chakraborty Editor’s Note: The Semiconductor Integrated Circuit Layout-Design Act, 2000, protects original, inherently distinctive layout-designs that have not been previously commercially exploited. Registration is a necessary pre-requisite for protection.  The Semiconductor Integrated Circuits Layout-Design Act, 2000 gives recognition to a new form of intellectual property, namely, the ‘layout-designs’ used […]

Legitimacy in Private International Law

By Soumik Chakraborty Editor’s Note: With the increasing transnational movement of the population and the growing concept of global citizenship, the issue relating to legitimacy, legitimation, and adoption has become nothing less than more complex. The author makes a comparative critical analysis of this issue. Introduction The branch of Indian law, […]

Multimodal Transport Contracts: A Critique

By Soumik Chakraborty Editor’s Note: Today’s commercial actors use sophisticated systems weighing relevant factors such as storage costs, placement of production facilities and transportation expenses against each other in order to generate highest possible profit. This also necessitates the putting in place of legal framework capable of addressing the various issues. […]

Free and Compulsory Education in India

By Soumik Chakraborty Editor’s Note: They impose certain obligations on the State to take affirmative action to establish a welfare State. These principles give directions to the functionaries of the State, the manner in which the Constitutional vision has to be achieved. One of the important directives is the duty of […]

Uniform Civil Code & Gender Justice

By Soumik Chakraborty Editor’s Note: A liberal, forward-looking uniform civil code may be expected to win many adherents, especially from those with cross-cultural backgrounds.  The paper is a short analysis of this topic. Introduction Arthur M Schlesinger, historian, political advisor and Pulitzer-winning author, wrote in his landmark book The Disuniting of […]

Decriminalization of Indian Politics

By Trishala Sanyal Editor’s Note: Several government-appointed Commissions have already made clear recommendations for electoral reforms, but the political will to implement these recommendations in letter and spirit is lacking. We have allowed criminalisation in politics to go completely unchecked. This paper briefly makes a critical analysis on this issue. Introduction “The […]