By Shrushti Rath, KIIT University School of Law Editor’s Note: The International Convention on Civil Liability for Oil Pollution Damage (CLC) was adopted in the year 1969 to ensure that adequate compensation is available to persons who suffer oil pollution damage resulting from maritime casualties involving oil-carrying ships. The Convention on the […]
By Abhishek Mohanty, WBNUJS Editor’s Note: This paper discusses the case of Esha Ekta Apartments Co-operative Housing Society v. Municipal Corporation of Mumbai or more famously known as the Campa Cola Case. “The essence of law lies in the spirit, not its letter, for the letter is significant only as being […]
‘Patent’ word derives its origin from the Latin word “Patere” which means to “open up”. Patent is an Intellectual Property Right that grants exclusive monopoly rights to the holder of the patent to use, manufacture, produce, sell and/or market the invention. Though patents provide an incentive to innovate but they also make it difficult for countries to keep health care costs low. Considering specifically pharmaceutical patents (product patents), monopoly rights to commercially exploit a drug may lead to high pricing of the drugs to recoup the R&D costs before expiration of term of the patent. Therefore, the issue becomes very significant because while patents are food for thought of inventors, it cannot be neglected that these do lead to high prices of drugs, thereby affecting the health of the society at large.
The passing of the Right of Children to Free and Compulsory Education (RTE) Act 2009 marked a historic moment for the children of India. It is a powerful tool in developing the full potential of everyone and in promoting individual and collective wellbeing. The Act lays down specific responsibilities for the centre, state and local bodies for its implementation. Few countries in the world have such a national provision to ensure both free and child-centred, child-friendly education, and India is proudly one of them.
The Doctrine of Separation of Powers is well recognized by all the civilized nations of the world. In India too such distinction of powers of a sovereign are classified under the Legislative, Executive and Judiciary. This distinction is blurred, as some would contend, when powers are delegated or sub-delegated. After independence, there was a lot of confusion regarding the concept of delegation i.e. whether it is possible and if so, to what extent. To clarify this, the President of India referred this question to the apex court under Article 143 of the Constitution. The court laid down some principles regarding these questions. The re Delhi Laws Act is a landmark judgment of the 7 Judge Bench of the Supreme Court wherein each judge had a difference of opinion. Therefore, an analysis of the same would lead to a better understanding of the applicability of the concept of delegated legislation in India.
Social and economic justice is the ultimate ideal for any industrial adjudication and the basis for this ideal lies in the guiding principles of social welfare, common good and the directive principles of state policy enshrined in the Constitution. The rationale behind legislation of Sec. 33 and Sec. 33A is to provide protection of an employee and a tribunal has jurisdiction to do complete justice between the parties with regard to the matter in dispute and also give such relief as the nature of the case may require. It seeks to protect the workmen concerned in the disputes which form the subject matter of the pending conciliation proceedings or proceedings by way of reference under Sec. 10 of the Act and to bring about the resolution of such disputes in a peaceful manner.
Mohd Hashim RMLNLU, Lucknow “Editor’s Note: The paper deals with the meaning of the phrase “executing a proper conveyance” as used in Section 55(1)(d) of the Transfer of Property Act. The phrase denotes the liability of the Seller to execute the documents, pay stamp duty, get the deed duly registered […]
By Girish Deepak, National University of Advanced Legal Studies, Kochi “Editor’s Note: Stem cell research is a field of biotechnology which can even cure neuro-degenerative diseases which presently have no cure. Embryonic stem cell research is the most effective in this respect. However, the question of human rights comes in, […]
Bhanu Srivastava RMLNLU, Lucknow “Editor’s Note: The paper deals with the registration of FIRs under the Code of Criminal Procedure, Sections 154-156 and the various other provisions and rules of procedure that need to be followed. This is followed by an in-depth analysis of the case of Lalita Kumari v. […]
Naman Verma RMLNLU, Lucknow “Editor’s Note: The paper deals with the concept of Public Policy as embodied in the fundamental principles of Contract Law. It analyses the English view on Public Policy in light of various Indian cases. The paper then looks at the various grounds under which contracts are […]
Bhanu Srivastava RMLNLU, Lucknow “Editor’s Note: The paper deals with the concept of the separate legal identity of a Corporation; which is separate from its shareholders or its directors. The concept is looked at form the point of view of the origin of the separate identity of a Corporation and […]