Day: January 7, 2015

Case Analysis Of Shalini Raut & Ors v Milind Raut And Dr.Gautam Raut & Ors

 By Ananya Khanna, Symbiosis Law School Pune “EDITOR’S NOTE:- The rights of coparceners in the interests of Hindu Undivided Families properties have been hotly contested in the recent times. This case discusses the altered position of the Hindu Succession Act 1956 with regards to coparcenary rights in the ancestral properties […]

Cloud Computing: A Marvellous Invention for Public Utility

Cloud computing is a growing trend whereby the organizations these days are switching to virtual work-space. It has come to be known as the third revolution after Personal Computers and Internet in the field of Information Technology. It offers enterprises an efficient, flexible, easy to set up and potentially cost effective model to ease their computing needs and to accomplish business objectives. However, there are certain issues involved in switching over to cloud computing, particularly since the legal environment has not been set up as per the requirements yet. There is the risk of breach of security and privacy, interoperability, instability, data portability and the challenges of change management involved. While the adiposity of these critiques cannot be discounted, it cannot at the same time be denied that cloud computing is here to stay. The world is undergoing a remarkable technological change and with the advancement of Internet along with the expansion of IT infrastructure at large level, cloud computing is bound to revolutionize the way in which information and communication technologies are stored and disseminated, and will create lasting implications on businesses around the world.

Lifting The Corporate Veil

The principle of veil of incorporation is a legal concept that separates the personality of a corporation from the personalities of its shareholders and protects them from being personally liable for the company’s debts and other obligations. While a company is a separate legal entity, the fact that it can only act through human agents that compose it, cannot be neglected. Since an artificial person is not capable of doing anything illegal or fraudulent, the façade of corporate personality might have to be removed to identify the persons who are really guilty. This is known as lifting of the corporate veil. Besides the statutory provisions for lifting the corporate veil, courts also do lift the corporate veil to see the real state of affairs. However, even though the legislature and the courts have in many cases now allowed the corporate veil to be lifted, it should be noted that the principle of veil of incorporation is still the rule and the instances of lifting or piercing the veil are the exceptions to this rule.

Nature of Continental Shelf Rights under International Law

A continental shelf is the edge of a continent that lies under the ocean. It extends from the coastline of a continent to a drop-off point called the shelf break. These occupy about 7% of the area of the world’s oceans but their economic importance is significantly greater. Therefore, shelf seas are of national importance not just in the geographical sense, but also in the legal, social and economical arena. As a consequence, there has been a need for the development of natural resources of the continental shelf without being detrimental to competing policies. Ergo, these have been included under International law which confirms each coastal state’s right to explore and exploit the natural resources of its continental shelf both through treaty and customary usage.

ADR in India: Legislations and Practices

Settlement of disputes through reference to a third party is a part of the volkgiest of India since times immemorial. It has undergone a phenomenal metamorphosis, growing from the stage of village elders sitting under a banyan tree and resolving disputes to the stage of gaining a statutory recognition. India has put in place a progressive piece of legislation which is essentially based on the Model Law and the UNCITRAL Arbitration Rules. The Parliament enacted the Arbitration and Conciliation Act of 1996 with a view to making arbitration less technical and more useful and effective, which not only removes many serious defects of the earlier arbitration law, but also incorporates modern concepts of arbitration. What it now needs is inculcation of the culture of arbitration within the bar, the bench and the arbitral community.