Navigating Judicial Activism: Corporate Perspectives and Other Concerns?”
LAWPHILIC
by Publisher of this Page
4M ago
“Judicial activism is a necessary adjunct of the judicial function because the protection of public interest, as opposed to private interest, is the main concern.” [1] – Justice A. H. Ahmadi, the former Chief Justice of India Today, the judiciary has been taking a more proactive role in interpreting the laws as the polity has grown more complex, and where there are no laws, the court has expanded the application of existing laws to decide on issues that are brought before it for decisions. However, the intellectual elites prefer to use the phrase “Judicial Activism” in ..read more
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Commercial Implications: Evaluating the Success or Failure of Abolishing the Intellectual Property Appellate Board
LAWPHILIC
by Publisher of this Page
4M ago
Introduction The “World Trade Organization’s agreement on trade-related aspects of intellectual property rights” (TRIPS) gave rise to the IPAB. According to the terms of this agreement, all participants agreed on the need of robust intellectual property rights protection and enforcement. As a signatory to the TRIPS agreement, India formed a specialised board, with specialised brains in the field of intellectual property rights, to deal with intellectual property issues, namely the Intellectual Property Appellate Board. [1] Prior to the founding of the IPAB, the High Courts had yet to resolve ..read more
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THE NEED FOR SHAREHOLDER ACTIVISM IN INDIA’S CORPORATE GOVERNANCE:  A COMPARATIVE ANALYSIS WITH OTHER COUNTRIES
LAWPHILIC
by Publisher of this Page
4M ago
Introduction The debate over shareholder activism is essentially a debate over the balance of power between shareholders and management in public companies. But over the years shareholder activism has turned out to be crucial for promoting transparency and accountability in corporate governance. (Bebchuk & Weisbach) However, the absence of effective shareholder activism in India’s corporate landscape remains a significant concern. This paper critically examines the legal and regulatory framework governing shareholder activism in India, and talks about other countries to identify the gaps ..read more
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Role of Indian Judiciary in Promoting Child Welfare
LAWPHILIC
by Publisher of this Page
7M ago
ABSTRACT Child labour, in and of itself, is a violation of children’s human rights since it deprives them of their “growth”, “development”, “education”, and, indeed, “childhood” itself. Article 24 of the Indian Constitution states that no child under the age of 14 may work in a “mine factory”, or other dangerous environment. However, the Constitution doesn’t explicitly specify what “dangerous work” is. Does it refer to simply physical risks or also include “moral”, “mental”, “psychological”,  hazards etc.?[1] One of the biggest issues facing the whole globe, especially emer ..read more
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IMPORTANCE OF TRANS INCLUSION IN FEMINIST STRUGGLES
LAWPHILIC
by Publisher of this Page
7M ago
ABSTRACT Before studying transgender oppression in class, I knew very little about it and did not give transgender oppression any thought. But now that I’ve read and learned about it, I have a clearer understanding of what it is, and I find myself eager to learn more about it. I have come to understand how, even though they are very different, sex and gender were utilized synonymously in our culture. I understood how most forms of “oppression”, “people’s beliefs” and “values” are based on a “cycle of socialization” that starts in childhood. (Stock, 2022) For example- my parents used to dress m ..read more
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LIABILITY OF  INTERNET INTERMEDIARIES IN COPYRIGHT INFRINGEMENT
LAWPHILIC
by Publisher of this Page
7M ago
ABSTRACT The major social media platforms, including “Facebook”, “Instagram”, “YouTube”, “Twitter”, and “LinkedIn”, are frequently observed “deleting” or “pulling down” information from their sites that violates the IP rights of the right holders. These platforms have “specific policies” and “processes” in place to safeguard the rights of IP owners and remove any potentially infringing content they may be hosting. For instance, the “Rights Manager” feature on “Facebook” and “Instagram” helps safeguard the material of IP holders by identifying any content that rese ..read more
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Today’s society has become extremely critical and judgmental about everything
LAWPHILIC
by Publisher of this Page
1y ago
Isn’t it true that today’s society has become extremely critical and judgmental of everything? Despite our freedom, we are now bound in our decision-making by the opinions of others. There are so many people today who want to do or start something of their own but they don’t. Why? Because they fear that society might laugh at them. We just can’t imagine the number of people who dreamt of starting their youtube channel but didn’t because they feared that society will put them down if they committed even a single mistake. That ..read more
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LEASE DEED SAMPLE
LAWPHILIC
by Publisher of this Page
1y ago
LEASE DEED This Deed of Lease (“ Lease deed ”) is made at New Delhi on the 25th day of May, 2022 (“Execution Date”): BY AND BETWEEN Shri Vikram Singh son of Shri Angad Singh, (hereinafter referred to as the “LESSOR” which expression shall, unless repugnant to the context or meaning thereof be deemed mean and include his heirs, executors, administrators, representatives, successors and assigns) of the One Part; AND Shri Hardik Pathak son of Shri Hari Narayan Pathak, (hereinafter referred to as the “LESSEE” which expression shall, unless repugnant to the context or meaning thereof be deemed mea ..read more
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Should the Criminal Procedure Act 2022 be Repealed as it Conflicts with the Right Against Self-Incrimination?
LAWPHILIC
by Publisher of this Page
1y ago
INTRODUCTION Interrogation of suspects and accused is critical in any criminal investigation in order to draw the facts from them. Most tactics, many of that were based on kind of torture which were utilized by investigating authorities to seek data from convicted and the suspected since ancient times. New ways of lie detection have emerged with the advancement of technology which eliminated the police’s use of “third-degree torture.” However, legal problems have been raised about the legality of tests such as Narco Analysis, with some supporting it based on legal considerations and other ..read more
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 Zee Telefilms Ltd. vs Union of India
LAWPHILIC
by Publisher of this Page
1y ago
Introduction The first article under Part III of the Indian Constitution is Article 12, which does not guarantee any right but specifies the authorities and the bodies, that are deemed to be “state” and against whom the fundamental rights can be enforced.[1] The apex court of the country through its various landmark judgments has laid down the tests for determining whether a body would fall within the meaning of the term local authorities and other authorities and hence would be considered “state” or not. [2] Here, in the case of Zee Telefilms Ltd. vs Union of India [3], the test laid down in ..read more
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