DO’S AND DON’TS FOR AN EFFECTIVE CROSS EXAMINATION- by PRAKHAR SHARMA
For an effective Cross Examination, two notions need to be thrown out of mind. First being that a Cross Examination needs to be won and second being that the Cross Examination is headed towards obtaining the desired answer. This is because a Cross Examination is not about winning but it is about establishing a good communication between the examiner and the judge or trier of the facts. Also, a Cross Examination may not always give the desired answer and hence the purpose of it is to obtain just any answer.
CROSS EXAMINATION - by MUKTA SATHE
Cross-examination is the examination of witness called by one’s opponent. It is also called examination ex-adverso. It is questioning by the opposing party of the witness called upon to testify by one party. If one party calls a witness to give testimony in its favour the party(s) opposing the claim shall have the opportunity to examine such a witness. Section 137 of the Indian Evidence Act, 1872 defines cross-examination as the examination of a witness by the adverse party.
SPECIAL LEAVE PETITION (SLP) - by RAJPAL SINGH
Special Leave Petition in India (SLP) holds a prime place in the Judiciary of India and has been provided as a “residual power” in the hands of Supreme Court of India to be exercised only in cases when any substantial question of law is involved, or gross injustice has been done. The Constitution of India under Article 136 vests the Supreme Court of India with a special power to grant special leave, to appeal against any judgement or order or decree in any matter or cause, passed or made by any Court/tribunal in the territory of India.
SYNOPSIS OF LAWS RELATED TO WOMEN IN INDIA – by SATISH POLEKAR
Article 14 of Part III of the constitution guarantees fundamental rights stating equality before law and prohibiting discrimination on grounds of sex among other forms of discrimination. The Equal Remuneration Act, 1976 through article 39 recognises the principle of ‘Equal Pay for Equal Work’ for both men and women and seeks to prevent discrimination on the ground of sex against women in the matter of employment. Equal pay for equal work while not a fundamental right is a constitutional goal under Articles 14, 16 and 39 (c) of the Constitution.
WHO IS A PARALEGAL - by RAHUL SINGH
A paralegal is an individual, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency, or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible. Paralegals are an indispensable part of the legal system, providing support to attorneys, law offices, government agencies and corporations by researching legal precedent, performing investigative work on cases and preparing legal documents.
GOOD TRADEMARKS - by RICHA BANGIA
Brands’ are hugely valuable business assets that form the commercial identity of your company, product or service and will include trademarks and trade names. The term ‘brand’ encompasses the whole ethos of a company and its identity and the emotions consumers attach and associate with the identity. A trade mark is usually the word or logo used by a company as part of its image and identity and is something that is capable of legal protection from third parties.
RULES FOR LEGAL DRAFTING – by SRI RAMYA
- Legal Drafting is the technical skill of writing a legal document generally used by lawyers and judicial officers.
- Legal drafting is the definitive written expression of a legal right, privilege, function, duty, or status.
- It is Synthesis of law and facts in a language form.It requires knowledge of facts and law so as to put facts in a systemised sequence to give a correct presentation for better understanding.
Role of Human Rights in relation to the Constitution of India - by NIDHI KHARE
In the Indian philosophical tradition primarily we come across a number of references to obligations than rights in the form of Sadharana-dharmas and varnasrama-dharmas. In fact, the Sadharana-dharmas as obligations are not only performed towards human beings, but also towards all living creatures; although the latter do not have any obligations towards the former. However, as living creatures they enjoy certain rights, especially right to life. During the time when human rights emerged in the western countries, Indians were unaware of the notion of ‘human rights’.
ENVIRONMENT UNDER THE ENVIRONMENT PROTECTION ACT, 1986- by DIVYASHRI PURI
ENVIRONMENT” as a term refers to the complex integration and interaction among all things living and non-living, naturally gifted and man-made. It is a habitat for humanity as a whole. And in factual terms it is the „Biosphere‟. It is a network of relationships between various components such which come under the broad heads of air, water, earth, soil, fire and ether.
Less costly as you can save in terms of attorney fees typically associated with filing separate national applications through local attorneys in each foreign country. Cost savings are also realised at the post- registration stage. Renewals, recorders of changes in the name or address of the proprietor, and assignments can be carried out centrally at the International Bureau without having to record these changes separately in each of the designated countries.
Punitive provisions for sexual harassment under the POSH act & IPC - by DIVYANSHU GUPTA
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (the POSH Act), 2013 provides for various penal provisions for the acts/omissions in contravention with the statute.These penal provisions are provided as safeguards as they have a deterrent effect.To sum up the penal provisions and safeguarding rules under the POSH Act and POSH Rules, following points should be considered:-The Act mainly gives explicit penal provisions with respect to two kinds of conduct. First being the non compliance of the act, and Second being the lodging of malicious or false complaints
MEASURES FOR CUSTODIAL VIOLENCE - by VIJAY VARDHAN
The term Custodial Violence has not been defined under any law. It is a combination of the word custody and violence. The word ‘custody’ implies guardianship and protective care. Even when applied to indicate arrest or imprisonment it does not carry any evil symptoms during custody. In a law dictionary the word ‘custody’ has been defined as charge and with regard to a person in imprisonment , judicial or penal safekeeping. As per Chamber Dictionary, the condition of being held by the police ,arrest or imprisonment is called custody.
CONFLICT BETWEEN THE COMPETITION LAW AND THE IPRs - by AARTI ROY
IPRs bestows on innovator the right to legitimately exclude for a limited period of time, other parties from the benefits arising from new knowledge and more specifically from the commercial use of innovative products and processes based on that new knowledge. Competition law on the other hand, is an essential mechanism in curbing market distortions, disciplining anti-competitive practices preventing monopoly and abuse of monopoly, inducting optimum allocation of resources and benefiting consumers with fair prices, wider choices and better qualities.
REDRESSAL MECHANISM UNDER THE POSH ACT, 2013 -by ARCHANA SHASTRY
An aggrieved woman can make complaint of sexual harassment in writing to the ICC, if constituted or to the LCC, in case ICC is not constituted, within a period of three months from the date of incident in case of a series of incidents, within a period of three months from the date of last incident. Where such complaint cannot be made in writing, the Presiding Officer or any member of the ICC or the Chairperson or any member of the LCC should provide all reasonable assistance to the aggrieved woman for making the complaint in writing.
MERGERS & ACQUISITIONS - by BASWANT MOHAN
- Merger and Acquisition is a process which results in the formation of a new company by integration of acquired company into acquiring company.
- Acquisition of assets and liabilities of acquired company by acquiring company is the first step in M&A process.
- After acquisition, merger of acquired company into acquiring company will take place, which is final step of the M&A process.
Seeking information under the RTI Act, 2005 - by SANJANA RAWAT
A citizen has been given many rights as per the Indian Constitution and various other legislation for example; Rights to freedom of speech and expression, Right to Life, Right to Personal Liberty, Right to Vote, Right to Educations etc. Right to Information Act confers right not to all persons, but only on Citizens. The Application must be under the name and signature of a citizen as a person. A corporation, company or anybody of individuals whether incorporated or not, is not entitled to seek information.
CLASSIFICATION OF HUMAN RIGHTS -by PRIYANKA CHOWDARY
Human Rights are inherent to all human beings,Whatever our nationality, place of residence, national or ethnic origin, colour, religion, language, or any other status. We are equally entitled to our human rights without discrimination. Caste and class are found common, human rights plays a crucial role in bridging the gap between two different caste (or) class.
SEXUAL HARASSMENT AT WORKPLACE - by PRABHAT MISHRA
In our country first the definition of sexual harassment at workplace was given in the case of VISHAKHA vs. STATE OF RAJASTHAN For this purpose, sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as:
- Physical contact and advances,
- a demand or request for sexual favours,
- sexually coloured remarks,
- showing photography,
- any other unwelcome physical verbal or non- verbal conduct of sexual nature.
How does Competition Act,2002 differs from MRTP Act, 1969 - by SHILPA GAMNANI
The MRTP Act categorised trade practices into monopolistic trade practices, restrictive trade practices (RTPs) and unfair trade practices and required all agreements relating to RTPs to be registered with the Director-General of Investigation and Registration (DGIR), which reflected a more intrusive regime. There is no such requirement in the Competition Act, which governs by exception and relies on alert stakeholders to lodge complaints with the CCI.
CYBER CRIME INVESTIGATION -by ADITYA SENGAR
Cyber-crime has emerged as a serious threat to individuals, businesses, and even national security. Law enforcement agencies have specialised units trained to counter such threats. Cyber-crime investigation may involve the following:
RIGHT TO INFORMATION -by PRIYA SINHA
Information may be defined as any matter which keeps it in a person informed & cautious about any relevant fact. According to Section 2(f) of the Right to Information Act, 2005 information may be in the form of records, documents, memos, e-mails, opinions, advises, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.
DEMERGER & REASONS FOR DEMERGER -by SHADAB GOUHAR
Demerger is a form of corporate restructuring in which firm’s business activities are segregated into two or more components. This is the opposite of demerger. Sometimes Demergers may take the shape of various forms of divestures like a Spin off or a Split off or a Split Up. Demerger can be categorised into Partial or complete Demerger.
PROCEDURE FOR CYBER CRIME INVESTIGATION -by SUNITA GUPTA
As the world grows more and more interconnected via the Internet, cyber-crimes are on the rise. With increase in technology, cyber criminals are becoming more sophisticated. Crimes such as lottery scams, phishing, and identity theft affect the individual very drastically. With the growing threat of cyber-crimes, the government has responded accordingly by enacting Information Technology Act 2000 to step up cyber security.
COMPETITION LAW IN INDIA – by SHRADDA SINGH
The Competition Act, 2002 was enacted by the Parliament of India and governs Indian competition law. It replaced the archaic The Monopolies and Restrictive Trade Practices Act, 1969. Under this legislation, the Competition Commission of India was established to prevent activities that have an adverse effect on competition in India. This act extends to whole of India except the State of Jammu and Kashmir.
A valid contract should contain the following esesntilas – by KIRTHANA SINGH
Offer and acceptance: In order to create a valid contract, there must be a ‘lawful offer’ by one party and ‘lawful acceptance’ of the same by the other party.
Intention to Create Legal Relationship: In case, there is no such intention on the part of parties, there is no contract. Agreements of social or domestic nature do not contemplate legal relations.
WHO IS A PARALEGAL -by HARSHIT NAYYAR
The origin of the word paralegal is parallel, which is similar to “simultaneously”. A paralegal or a lawyer’s assistant is a paraprofessional who has the required education and experience to assist licensed lawyers in their legal work. The definition of a paralegal is a person trained in legal matters, who performs routine tasks requiring some knowledge of the law and procedures.
Bad Marks under Trademarks- by SMRITHI SUNDARARAJAN
A consumer is duped if he buy a commodity or avails a service, presuming it to have originated from a certain identified source, when actually it is not, and later he finds the commodity or service is substandard, this would have a great repercussion on the trader .In the interest of both preserving the faith of the consumer and the esteem of the trader, a definite symbol which marks out ,the origin of goods/services from a definite trade source is attached ,with the goods /services emanating from such a source. Such a symbol is what is a “TRADEMARK”.
Protection of Software Programme in India - by PRATEEK MAHESHWARI
A software program can be protected under copyright law, and inventions related to software may as well be protected under patent law.
Infringement of Copyright in Cyber Law – by PARESH SHARMA
Before getting into Infringement of Copyright, first we need to understand the meaning of Copyright and what does the Copyright means in the Cyber law. Actually it is the Intellectual Property right, which can be protected by several ways one of them is monitoring the Internet for Infringement. Copyright is a right given by the law to the creators of producers of cinematograph films and sound recordings, and creators of literary, dramatic, musical and artistic works.
ESSENTIALS OF PLEADINGS – by YOGESH PATEL
Pleading to state material facts and not evidence.
Every pleading shall contain, and contain only, a statement in a concise form of the material facts on which the party pleading relies for his claim or defense, as the case may be, but not the evidence by which they are to be proved.
Due Diligence & Professionals involved in it -by TINTIN GHOSH
When buying a business, due diligence refers to the process of reviewing all of the available information related to that business. Due diligence means digging deeper with the goal to make sure that all financial, legal and operational issues pertaining to the business are in order and that there are no unpleasant surprises should a company decide to go through the purchase. It is a process of verification whereby the purchaser has a chance to verify everything that has been presented and confirm that what the company is getting is true and accurate.
Career opportunities for a Paralegal -by P.K Naseer
A paralegal is trained in legal matters in order to handle tasks prior to trials who assists licensed lawyer. He can be from any stream of education background and working industry which would give an in-depth industry knowledge to collate with legal matters when search, analyse and investigation are necessitated.
In western countries a paralegal can get authorisation by bar council unlike India. They work under lawyers in UK and USA whereas in India having similarity but performs quasi-legal works close to that of a lawyer.
NET NEUTRALITY - by PARESH SHARMA
The internet’s success in fostering innovation, access to knowledge and freedom of speech is in large part due to the principle of net neutrality – the idea that internet service providers give their customers equal access to all lawful websites and services on the internet, without giving priority to any website over another.Due to intense lobbying by telecom operators like Airtel and Vodafone, the Telecom Regulatory Authority of India (TRAI) is planning to allow them to block apps and websites to extort more money from consumers and businesses – an extreme violation of net neutrality.
Pleadings and their Amendments- by PAARTH GUPTA
It is a formal written statement of a parties claim or defence to another parties claim in a civil action. It is a beginning stage of a law suit in which parties formally submit their claims and defences. Is serves an important function of providing notice to the defendant that a law suit has been instituted concerning a specific controversy. It also provides notice to the plaintiff of the defendant’s intention in regard to the suit. Thus it is the formal written statement submitted at the opening of the trial.
Legal Drafting and it’s General Rules- by TRISHA ROY
Legal drafting is an essential requirement of legal profession. It is a very organised method of writing used mainly by lawyers, legislators and judges to convey facts and law in a simple and lucid language. A document containing legal language and its analysis is known as legal document. Legal document which is drafted by the draftsman should cover all important aspects of the case. Drafting is a primary stage of writing. One who drafts a deed or document, such as –a mortgage deed, a legal deed etc. is called a draftsman.
Conditions for quashing FIR - Abhilash Kumar
Under Sec 482 of Cr PC deals with the Inherent powers of the court for quashing of FIR. The state High courts in India have been given supervisory and regulatory powers over the conduct of the lower courts within their respective territorial jurisdiction, including inherent power under 482 of Cr PC. Section 482 confers inherent powers on the state High Courts to intervene in any criminal proceedings, to prevent abuse of the process of the court and to secure the ends of justice. Faced with a false criminal complaint, a person can file a petition under section 482 of the Cr PC with the state high court and seek quashing of the criminal complaint.
Stages of Mergers & Aquisition Transaction - Sankalp Jain
Serious buyers want documented, defensible evidence of target company’s income-generating potential. Generally, financial projections over three to five years is desirable. A credible overview must include a complete analysis of trends within target company’s industry, competitor’s strengths and weaknesses, and local and/or national influences on markets relevant to the target company’s industry.
Different Labour Laws in India – Bhuvanesawari Thulasiram
The Indian Labour Legislations owe its existence to the British Raj and were enacted prior to India’s independence. Post – independence labour legislations were enacted keeping in mind the international standards on Human Rights and United Nations Protocols.
Main elements of a valid contract – by Shishir S. Kadam
There are essentially six elements of a contract that make it a legal and binding document. In order for a contract to be enforceable, it must contain:-
How to avail Gratuity under the Payment of Gratuity Act,1972 -by Garima Gupta
Gratuity is an important form of social security and is in the form of a gratitude provided by the employer to the employees in monetary terms for the services rendered by them to the organisation. It is a defined benefit plan and is one of the many retirement benefits offered by the employer to the employee upon leaving his job. Gratuity payment liability of the employer tends to increase with an increase in the salary and tenure of employment.
Mergers & Acquisition defined by - Mandeep Singh
Mergers and acquisitions (M&A) is the area of corporate finances, management and strategy dealing with purchasing and/or fusion of 2 or more companies into a single corporation. In a merger, two organizations join forces to become a new business, usually with a new name. In an acquisition, on the other hand, one business buys a second and generally smaller company which may be absorbed into the parent organization or run as a subsidiary.
PREVENTION OF SEXUAL HARASSMENT AT WORKPLACE by VIMMI CHACHRA, DIRECTOR – HR, SOPRA STERIA
Definition: Sexual harassment in the workplace is a viola+on of women’s human rights and a prohibited form of violence against women. It is an unwelcome verbal, wri(en, visual or physical conduct of a sexual nature that is severe or pervasive and affects working condions or creates a hos+le work environment. Sexual Harassment can also defined as an unwelcome behavior of sexual nature wherein the woman feels offended, humiliated or inmidates. Sexual harassment causes economic, psychological and physical harm to its vic+ms and serves to reinforce the subordinaon of women to men in the workplace.
Guidelines to amend Legal Pleadings – by Vritika Chawla
Order 6, Rule 1, of the C.P.C. defines pleading to mean a plaint or a written statement.
Plaint is the statement of claim, in writing and filed by the plaintiff, in which he sets out his cause of action with all necessary particulars.
Written statement is the statement of the defendant, in writing and filed by the defendant, in which he deals with every material facts alleged by the plaintiff in plaint and also states any new fact which may be in his favour adding such legal objections as he wishes. A plaintiff’s pleading may also be his written statement, as where the defendant, in his written statement in answer thereto. Thus, an application to sue as pauper is not a pleading, in as much as it becomes a plaint only after the application is granted.
STEPS INVOLVED IN CYBER CRIME INVESTIGATION - by Harinder Birring
In the evolution of digital society and technology many developments have taken place and many new inventions are still under process. But with these developments the number of crimes related to computer has also been increased. As there are numerous number of cases in which the provisions of the IT act,2008 (amended) are violated and those are violated by professional hackers and many number of group of hackers. Some of the cases are of data theft and in some the computer system is completely destroyed by the hackers. So with these increasing crimes the government is also preparing their employees with the latest technology so that they can tackle the hackers and the viruses introduced by them in the computer system.
There are various and diverse area where a paralegal could work in. From assisting lawyers and attorneys to manage intellectual property and several more.
A Copyright is a right given by the law to the creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings.
SYNOPSIS ON LAWS RELATED TO WOMEN , by Shakti Shekhawat.
There are some of the laws which are gender neutral such as minimum wages act, PF, ESIC etc. which generally doesn’t distinguish between Male & females. There are lot of provisions of separate wash rooms, rest rooms, working during specific time of the day, No night shifts etc.
RELATED PARTY TRANSACTIONS – AN OVERVIEW, by Ranjan R, Associate at VNS Legal
Related Party Transactions (RPT) is an expression which has gained great currency in the Corporate sphere and has attained the status of a contentious issue in the field of Corporate Governance. Related Party Transactions were earlier regarded as a normal feature of commerce and business, but with the advent of the Satyam Scam this concept has attracted the attention of the Investors, Legislators and the Corporate Experts.
REGULATING NET NEUTRALITY by Dinesh Jotwani, Advocate
It is rare that Indian Parliament discusses technology issues. However, this session saw Rahul Gandhi raising the issue on Net neutrality, calling for universal access to Internet and accusing it of handing Internet to corporates. It’s going to affect the youth of nation, he added. Telecom Minister Ravi Prasad Shankar was quick to respond and save-the-internet assured that the BJP government is committed to providing equal access to Internet for all. Prasad added that it is Prime Minister Narendra Modi’s vision that Internet should be made available to people in a non-discriminatory manner.
INSIDER TRADING AND ITS HARMFUL EFFECTS – A LEGAL PERSPECTIVE – By Mr. Ranjan R., Advocate, N.V.S Associates
As the business world continues to expand in global markets, trading of shares, bonds, derivatives and other instruments continues to increase. One form of trading that has received considerable interest in recent years is Insider Trading. It occurs when an individual with potential access to non-public information about a Corporation buys or sells stocks of that company. However if trading is done in a manner that does not take advantage of non-public information, it is often permissible.
ROLE OF INDEPENDENT DIRECTORS IN CORPORATE GOVERNANCE - By Mr. Ranjan R., Advocate
The concept of Independent Directors (ID’s) have gained a world wide momentum in the wake of Corporate Governance in recent years with the advent of various corporate failures such as Satyam Debacle, Enron Debacle, and several other scandals. Corporate Experts have always felt the need for the directors to be independent and free from the influence of the Board. The demand made by the experts was relevant because directors are appointed by the board itself which in turn is under the control of the Chief Executive Officer who also happens to be the Chairman of the Board. In reality Directors in many companies do not have any say even when there is a need for their approval.
NEED FOR BETTER CORPORATE GOVERNANCE by Mr. Ranjan R., Advocate
Corporate Governance (CG)(*1) is an expression which has gained great currency in legal and corporate circles during the last decade and a half. Briefly it refers to a system of rules, practices and procedures by which a company is directed and controlled. It strives to balance the interests of various Stake Holders-Shareholders, Directors, Executors, Suppliers, Financiers, Government and the Community at large in order to achieve the Companies objectives. Corporate Governance started as a voluntary initiative. However, with the failure of well-known companies like Enron in the United States Of America (US), Satyam Computers in India Governments had to step in and enact legislations like Sarbanes Oxley Act in the US.
With the advent of new ways of doing business, India’s education and skills development system needs to evolve and grow. A handy example of the same was found recently when Amity University and Indian Academy of Law & Management (“IALM”) inked the deal to jointly introduce for the first time in India, a course on “Professional Paralegal Certification”. No other institutions in India, other than Amity, with it’s Global branding and educational standards could provide such course with such a high Education Standards.
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