Day: January 30, 2015

Convention on the Establishment of an International Fund for Compensation of Oil Pollution Damage : An Overview

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 […]

Esha Ekta Apartments Co-operative Housing Society Limited and Ors. v. Municipal Corporation of Mumbai and ors. (Campa Cola Judgment): Case Analysis

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 […]

Patents and Right to Health

‘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.

Right To Education: Its Accessibility, Practicability and Flaws

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.

Delegated Legislation- Re Delhi Laws Act Case

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.

An Incisive Analysis of Section 33A of The Industrial Disputes Act, 1947 and Related Issues

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.

Anticipatory Bail in India : A Critical Analysis

 Akshay Maheshwari                                                                           Anjali Bhatt[1]                                            UPES, College of Legal Studies “Editor’s Note: The paper deals with a basic introduction to Anticipatory Bail as contained in the various provisions of the CrPC along with its history of being included in the scheme of the code. The focus is then […]