RIGHT TO HOUSING IN INDIA: A CRITICAL ANALYSIS
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by Admin
2y ago
Author: Mohini Chaturvedi, Sharda University The concept of the Right to Housing in India is specifically not mentioned in the Laws but it is interpreted in various judicial pronouncements under the umbrella of rights i.e. Article 21, Right to Life. The basic livelihood primarily constitutes Adequate Housing and shelter. The Apex Court in Shantistar Builders v. Narayan Khimalal Totame[1] held that the right to life includes all the basic rights such as the right to food, the right to clothing, the right to a decent environment, and a reasonable accommodation to live in. It also focused on the ..read more
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PMC BANK FRAUD: ANALYZING LEGAL REGULATIONS
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by Admin
2y ago
Author: Vishwa Preeti Campus Law Centre , University of Delhi INTRODUCTION The PMC bank lent a loan of Rs. 6700 crore to the debt-laden Housing Development and Infrastructure Ltd. (HDIL), but the point of concern was that they under-reported Non-performing Assets (NPA) of HDIL worth RS 2500 Crore. Turning a blind eye to the laws, PMC Bank approved the loan to the HDIL despite the fact that this real estate had been defaulted for nonpayment of Rs. 2500 crores, which the bank refused to recognise as bad loans. The Bank used at least 21,049 dummy accounts to conceal 44 loan accounts to cover acc ..read more
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AN ANALYSIS OF SECTION 263 OF INCOME TAX ACT, 1961
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by Admin
2y ago
Author: Mohini Chaturvedi, Sharda University Section 263 of the Income Tax Act, 1961 seeks to remove the prejudice caused to the revenue by the erroneous order passed by the Assessing Officer. It empowers the Commissioner of Income Tax (CIT) to revise any assessment and take suo moto cognizance to take corrective action. In the case of CIT V Gabriel India Ltd[1], the scope of the expression "erroneous" was discussed and it was held that an order cannot be termed as "erroneous" unless it is not as per law. ESSENTIALS FOR INVOKING SECTION 263- In the case of Malabar Industrial Co. Ltd. V CIT[2 ..read more
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CAN AN OFFENCE UNDER THE NEGOTIABLE INSTRUMENTS ACT BE EQUATED WITH AN OFFENCE UNDER THE IPC?
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by Admin
2y ago
Author: Mohini Chaturvedi, Sharda University Sections 138 to 142 of the Negotiable Instruments Act, 1881 deal with negotiable instruments which includes promissory notes, bills of exchange, cheques. The aim of its introduction was to establish confidence in banking operations and enhance credibility in the use of negotiable instruments. PROVISIONS OF NEGOTIABLE INSTRUMENTS ACT Section 138 of the Act emphasises on the circumstances in which a case can be filed against dishonour of cheques. Ingredients required for filing case under Section 138 are: · There must be a cheque which must be given ..read more
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INTERIM RELIEF IN COMPETITION LAW: EVIDENTIARY STANDARDS
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by Admin
2y ago
Author: Vishwa Preeti , University of Delhi INTRODUCTION The aim of the Competition law is to encourage healthy competition and minimize adverse effects in the market by majority players and to keep anti-competitive practices in check. An interim measure is one such tool under Section 33 of the Competition Act, 2002. POWER OF THE CCI TO ISSUE INTERIM ORDERS--Where during an inquiry: ● the Commission is satisfied that an act in contravention of sub-section (1) of section 3 or sub-section (1) of section 4 or section 6 has been committed and continues to be committed; ● or that such act is about ..read more
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WHITE LABELLING AGREEMENTS AND THEIR IMPORTANCE
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by Admin
2y ago
Author: Mohini Chaturvedi, Sharda University The concept of white-labeling provides for an arrangement conducted between two companies where the product or services provided by one company are to be used by the other company under their distinct brand name. The term “white label” means that there exists no brand name imprinted upon a product or service by the company that produced it. The actual labeling of the name is done by the other reputed company which has a certain brand value and name. White-labeling in common parlance is mainly followed in the industrial sector, for example, retail p ..read more
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CONCEPT OF DECENT WORK UNDER LABOUR LAWS: AN ANALYSIS
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by Admin
2y ago
Author: Author: Mohini Chaturvedi, Sharda University INTRODUCTION Decent work deals with the essential conditions required in the working lives of the population. It involves opportunities for work that is productive and ensures a fair income. It emphasizes on the security maintenance of the workplace, social protection for families, better future for personal development, and social integration. There must be equality of opportunity and treatment for all women and men, where they can organize and participate in the decisions that affect their lives. DECENT WORK AGENDA UNDER ILO The Internati ..read more
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INDIAN TRADEMARK LAW AND THE IDEA OF “DECEPTIVELY SIMILAR”: ANALYSIS OF RECENT CASES
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by Admin
2y ago
Author: Mohini Chaturvedi, Sharda University Trading in India has globalized at an extreme level with which trade names, marks, etc. have attained an immense value. Such marks and brand names are required to follow the standards of protection which have been witnessed under the Trade Related Aspects of Intellectual Property Rights (TRIPS) where efficient procedures for enforcement of protection mechanisms have been provided. EMERGENCE OF INDIAN TRADEMARK LAW The acknowledgment of the Trademark Law in India was in the year 1940. This was later on replaced with the Trademark and Merchandise Act ..read more
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EVOLUTION OF CONTRACT LAW DURING THE GLOBAL COVID19 PANDEMIC
Lexsyndicate.com
by Admin
2y ago
Author: Mohini Chaturvedi, Sharda University EVOLUTION OF CONTRACT LAW DURING THE GLOBAL COVID19 PANDEMIC The World Health Organization officially recognized and declared the coronavirus outbreak (“COVID-19”) a global pandemic on March 11, 2020. This pandemic has drastically affected human lives as well as commercial activities around the globe. It has shifted the world to work in virtual mode which has impacted the contractual based businesses and other commercial activities to accomplish its activities. The pandemic has led to a humanitarian crisis and economic crisis of an unprecedented le ..read more
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IURIS JURA’S ONLINE LECTURE SERIES ON “DRAFTING OF PLEADINGS UNDER ARBITRATION & CONCILIATION ACT
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by Admin
2y ago
ABOUT THE ORGANIZATIONS Iuris Jura is an e-learning platform started in the year 2020, with an objective to create legal awareness, and to abridge the gap between law aspirants and law professional. In the past, Iuris Jura has conducted various online workshops on the contemporary issues pertaining to the field of law. Some of those are as follows: Scope of Mediation in Arbitration Role of Investigating Agencies in Criminal Justice System Covid Fundraiser Workshop on “Drafting An Arbitration Agreement” Enforcement of Foreign Arbitral Awards in India Knowledge Partners - SCC Online and Easte ..read more
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