Publications - Indian Academy of Law & Management

IALM PUBLICATIONS

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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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:-

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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.

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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.

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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.

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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.

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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.

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VARIOUS CAREER OPPORTUNITIES FOR A PARALEGAL ACROSS VARIOUS ORGANIZATIONS - by Rahul Singh

There are various and diverse area where a paralegal could work in. From assisting lawyers and attorneys to manage intellectual property and several more.

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UNDERSTANDING COPYRIGHT INFRINGEMENT IN A COMPUTER PROGRAMME -by SHRIRANG

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.

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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.

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RELATED PARTY TRANSACTIONS – AN OVERVIEWby 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.

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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.

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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.

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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.

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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.

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AMITY-IALM JOIN HANDS

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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