RIGHT TO FOOD: FOOD SECURITY FOR ALL - Kavita Goel* - Poverty attracts two kinds of policy interventions. The first hope to eradicate it and the second wants to keep the poor alive. In India our prime effort has always been, right from the days of antodaya, to somehow keep the poor tickling, even at the... |
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APPOINTMENT OF ARBITRATORS - THE INITIAL BOTTLENECK IN THE ARBITRATION PROCESS: REVISITING THE SBP V. PATEL ENGINEERING CASE - Ankur Khandelwal* - Introduction: Various issues under Section 11 While the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) was being passed, several issues were raised regarding Section 11, including whether the applications under Se... |
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DIPLOMATIC IMMUNITIES AND PRIVILEGES UNDER INTERNATIONAL LAW - Kalicharan M.L* Dr.Maruthi T R** - INTRODUCTION The art of diplomacy is as old as man that the first diplomats may have been the angels who served as angeloi or messengers between the heaven and earth.1 Ambassador William Macomber once described diplomacy as “the angles’ game”... |
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PROTECTION OF GEOGRAPHICAL INDICATION IN INDIA: SOME VARIATIONS BETWEEN TRIPS AND INDIAN LAW - Prof. Madivalappa. Matolli * Dr. Ramesh** - INTRODUCTION Intellectual Property and the associated legal IPRs are a vital element of entrepreneurship and an engine for the economic development and growth of nations. Intellectual property refers to creations of the mind, inventions, liter... |
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A JOURNEY FROM SHAH BANO TO SHABANA - Dr. M.N.Haque* - Introduction When in the year 1985 Supreme Court decided the case of Shah Bano Begum1 it created a hurricane not only in the minds of academician but also in the thoughts of politicians. This case is unique in the sense that it gave birth to an... |
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W.T.O AND AGRICULTURAL SUBSIDIES: THE IMPACT OF W.T.O AGREEMENTS ON THE INDIAN FARM SECTOR.1 - Hariharan Sikanth - 1. INTRODUCTION:- With the Indian economy booming at 8% this year and the major contributor being the service sector, the importance of agriculture in our agrarian economy is sidelined. The economic reforms, agreed have improved the economy, bu... |
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MARXIST ANALYSIS OF RIGHTS & DUTIES - Reeti Sonchhatra* - Introduction The natural rights with which we have been dealing are inseparably connected, in the very person who is their subject, with just as many respective duties; and rights as well as duties find their source, their sustenance and their ... |
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ENVIRONMENT LAWS AND HUMAN RIGHTS - Mrs. Jayashree. V. Doddawadimath, B.Sc. LL.M - The environment world-wide is in crisis. Although this message has for many been propagated by environmental movements and scientists, it has also been accepted in recent years by the establishments, including the world’s political leaders who met at... |
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LEGAL FRAMEWORK AS TO THE PROCESS OF SECURITISATION WITH A SPECIAL FOCUS ON SARFAESI ACT - Dr. T Padma LLM., Ph D - I. INTRODUCTION The 1990s witnessed several financial and economic crises worldwide, crippling the economies of the affected countries. In most cases, crises in the financial sector culminate into non-performing Loans (NPL)). A high level of NP... |
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EVIDENCE AS TO IMMORAL CHARACTER OF RAPE VICTIM - Dr. T.Padma* - It is now accepted that there are certain rights which are inevitable for the dignified existence of a human being. That the dignity of human being should be respected seems to be the basis to all such rights. There are several aspects of our crimina... |
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REGIONAL INTERVENTION IN INTERNAL CONFLICTS BEYOND CHAPTER VIII OF THE U.N. CHARTER - *Mohammed Nori Thaker* Dr.Maruthi T.R* - 1. Introduction At the close of World War II, many nations felt that regional organizations were not merely discredited but dangerous as well. In fact, the United States had not originally planned on including any equivalent of Chapter VIII in... |
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NEED FOR EXPANDING THE DEFINITION OF THE STATE UNDER ARTICLE 12 OF THE CONSTITUTION OF INDIA IN THE ERA OF LPG1 - M. Ramesh2 - I. Introduction CHANGES TAKING PLACE in India’s economic system have far reaching importance in addressing questions relating to enforcement of fundamental rights. They would mean first, that public utilities, so far largely in the public sec... |
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PROTECTION OF INTEREST OF WITNESS IN THE COURT HALL – ROLE OF PUBLIC PROSECUTOR - S.Md. Fazululla* - INTRODUCTION: 1. The citadel of administration of criminal justice is pillared on the pentagram viz., the Magistrates and the Judges of higher Court, the Public Prosecutor, the defence counsel, the investigating agency, and the prison and corre... |
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CAUSES FOR THE REFUGEE FLOWS: A CRITICAL STUDY - N. Muddaraju* Dr. Ramesh** - Introduction Today’s Human Rights abuses are tomorrow’s refugee movements. While most of the major populations displacements of have taken place in the context of armed conflicts the immediate causes of flight are almost invariably to be found... |
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ISSUES AROUND EXECUTION OF FOREIGN DECREE IN INDIA - Swapneshwar Goutam† - Abstract: This article purport to elucidate on the incremental impact of major issues involved around execution of foreign decrees in India. This article also highlights issue concerning execution of decrees passed by the foreign courts in reci... |
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IMPACT OF MINING ON ENVIRONMENT AND JUDICIAL RESPONSE THERETO* - Chengappa M.P.** - Introduction Mining is an environmentally problematic activity that calls for proper balancing between conservation and development. The intensity of environmental degradation owing to mining depends on what is being mined, where and how. Unles... |
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QUASI JUDICIAL FORUMS – DISAPPEARANCE OF JUDICIAL APPROACH – NEED FOR REFORMS - Nanduri Srinivasa Rao - There are various statutes which empower the Executive of the State with the decision making power with-in-the four corners of respective statutes, which are recognized as quasi judicial powers and the authorities are quasi judicial authorities. The ... |
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Speech of Pranab Mukherjee Minister of Finance - PM - February 26, 2010 Madam Speaker, I rise to present the Union Budget for 2010-11. In 2009, when I presented the interim Budget in February and the regular Budget in July in this august House, the Indian economy was facin... |
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Key Features of Budget 2010-2011 - KEY - CHALLENGES ??To quickly revert to the high GDP growth path of 9 per cent and then find the means to cross the ‘double digit growth barrier’. ??To harness economic growth to consolidate the recent gains in making development mo... |
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KEY TO BUDGET DOCUMENTS - BUDGET 2010-2011 - 1. The Budget documents presented to Parliament comprise, besides the Finance Minister's Budget Speech, of the following: A. Annual Financial Statement (AFS) B. Demand for Grants (DG) C. Appropriation Bill D. Finance Bill <... |
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BUDGET 2010 Taxes - ALT - More services to be brought under service tax net Service tax to result in net revenue gain of Rs 3000cr Customs duty on gold to be reduced; silver at Rs 1500/kg Uniform concessional duty of 5% on all medical appliances Ration... |
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BUDGET 2010 High Lights - ALT - To waive excise duty on solar panels Opposition walks out of Parliament over petrol price hike Petrol prices to go up Fresh services to be brought under service tax Service tax to GDP ratio 1% Service tax to result in ne... |
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VICTIMS OF RAPE AND THEIR RIGHT TO LIVE WITH HUMAN DIGNITY - Dr. T.Padma, MA (Economics)., MA (Lit)., MA (J & MC)., MBA., PGDCL., PGADR., PGDHR., LLM., PhD (Law). - Women in India, in spite of a prohibitive and severe punitive approach of criminal law and untiring efforts of a host of Women Organisations and the National Commission for women (NCW) constituted under the National Commission for Women Act, 1990, to... |
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Terrorism and International Law - Dr. P. Lakshmi , Research Associate, SIS, JNU, New Delhi. - The term “terrorism” is a concept that is commonly and widely used in everyday parlance with varying political and criminal connotations1 [‘Tibetan leader accused of terrorism’ (1999) The Times, 23 October, where China accused the Dalai Lama masterm... |
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“ISSUES AROUND EXECUTION OF FOREIGN DECREE IN INDIA” - Swapneshwar Goutam, BA. LLB. [Hons], Student, National Law University, Raipur, Chhattisgarh, India. - Abstract: This article purport to elucidate on the incremental impact of major issues involved around execution of foreign decrees in India. This article also highlights issue concerning execution of decrees passed by the foreign courts in reci... |
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IMPACT OF MINING ON ENVIRONMENT AND JUDICIAL RESPONSE THERETO - Chengappa M.P.,Research Scholar, Department of Studies and Research in Law, Manasagangotri, University of Mysore, Mysore, Karnat - Introduction Mining is an environmentally problematic activity that calls for proper balancing between conservation and development. The intensity of environmental degradation owing to mining depends on what is being mined, where and how. Unles... |
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Expert Evidence In Sexual Offences by - Abhinav Ashwin* - Law of evidence is based on two fundamental rules i.e. no facts other than those having rational probative value should be admitted in evidence and that all facts having rational probative value are admissible in evidence, unless excluded by ... |
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OUSTER CLAUSES: A STUDY IN THE LIGHT OF JUDICIAL INTERPRETATION IN INDIA AND ENGLAND by - Purva Chadha* - Introduction Ever since the first foundations for judicial review were laid, the legislature has attempted to prevent those principles from being applied. Various formulae have been inserted into legislation with the intent of precludin... |
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STRIDHANA AND WOMAN’S PROPERTY RIGHTS: CRITICAL VIEW UNDER HINDU SUCCESSION ACT, 1956 AND CUSTOMARY HINDU LAW by - Padmaja Chakravarty* - STRIDHANA AND WOMAN’S PROPERTY RIGHTS: CRITICAL VIEW UNDER HINDU SUCCESSION ACT, 1956 AND CUSTOMARY HINDU LAW by Padmaja Chakravarty* Introduction: The word stridhana is derived from two words stri (meaning woma... |
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RIGHT TO INFORMATION & JUDICIAL ACCOUNTABILITY: PROBLEMS AND PROSPECTS - J. P. Rai* - The basic principle in a democratic republic is that the people are supreme. Once this concept of popular sovereignty is kept in mind, it becomes obvious that the organs of the State have been created to serve the people this country. It follows that... |
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THE RIGHT TO INFORMATION IN INDIA – A STUDY - Gandham Suresh Kumar - INTRODUCTION: One of the significant features of the system of individual rights in India is the emergence of the Right to Information under a Statute enacted by the Union Parliament. Originally, there was no provision in the Constitution or th... |
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FOREST RIGHTS – FOR WHOM? - Smitha S. Parakkal, Advocate, High Court of Kerala - The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Right Act), 20061, is an Act to recognize and vest the forest land in forest dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in s... |
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UNIFORM CIVIL CODE THE APEX COURT’S CONFLICTING APPROACHES: A THREAT TO LIVING IN DIVERSITY! - *M.S. Benjamin **Dr. C.B.Raju - Introduction: India is a country in which its subjects are governed by the rule of law. Mother India has children with distinct characteristics in terms of race, language, religion and culture. This diversity in language, culture and religio... |
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RIGHT TO BIRTH OR RIGHT TO ABORTION, WHICH SHOULD PREVAIL? - Smitha S. Parakkal, Advocate, High Court of Kerala - The recent decision of the Bombay High Court, dismissing the petition of parents who sought for permission to terminate the pregnancy, in the 26th week of carrying, pose a troubling question between right to birth and right to abortion. Of course, ... |
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THE CONSTITUTIONAL PERSPECTIVE OF SOCIAL JUSTICE - N. Muddaraju* , Dr. Ramesh** - INTRODUCTION The preamble of the Indian Constitution declares that India is a Socialist, Secular, Democratic republic that secures to all its citizens justice-social, economic and political1. In order to ensure social and economic justice2 to ... |
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ENFORCEABILITY OF FUNDAMENTAL DUTIES- A BALANCING ACT - Arpitha.H.C & Chitra Subbiah* - “For every right that you cherish you have a duty which you must fulfil. For every hope that you entertain, you have a task you must perform. For every good that you wish could happen... you will have to sacrifice your comfort and ease. There is not... |
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CASE COMMENT ON RAMESHWAR PRASAD V. UNION OF INDIA- THE BIHAR ASSEMBLY CASE - Mohsin Alam & Zehra Khan, NALSAR, Hyderabad - Significance of Rameshwar Prasad v. Union of India1 The Bihar dissolution in 2005 opened the Pandora’s box of President’s proclamation yet again. According to the authors, to understand the judgment in Rameshwar Prasad v. Union of India (Ramesh... |
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INTELLECTUAL PROPERTY RIGHTS – GLOBAL ECOMNOMIC SCENARIO - Dr. J.V.Siva Kumar* - Intellectual Property in its literal sense means the things that originate from human brain. This creation of human mind is considered to be the most invaluable asset when compared with movable or immovable property.1 Its utility has been recognized... |
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“MISERIES OF CUSTODIAL VIOLENCE IS OUR LAW EQUIPPED ENOUGH?” - Satabdi Chatterjee and Pratyush Saha,* - “I vividly recall a distinguished politician telling me a few years ago how debilitating and destructive a prison term could be, even to the strongest and the bravest”. Sir Jeffrey Archer 1. INTRODUCTION The Latin maxim salus populi... |
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PUBLIC HEALTH, SUICIDE AND THE LAW - Dr. Shallu, B.A. (Hons.), LL.M., Ph.D., Lecturer in Law, Institute of Law, Kurukshetra University, Kurukshetra - INTRODUCTION: A recent report by the World Health Organization (WHO) states that India along with China holds the dubious distinction of having the highest suicide rates in the world1. Suicide is fast becoming one of the leading causes of death... |
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IMPACT OF GLOBALIZATION ON WOMEN - Smt. D. Radhika Yadav* - It is an inescapable fact of human existence that people are born into human groups and are expected to live out their lives according to informal and formal group norms. All social life is affected by the political mandates of a particular society. ... |
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SPEECH* - Hon’ble Mr. Justice P.S. Narayana - 1. I am well delighted to be at this place “Pathikonda”, this morning, to lay the foundation stone for the construction of the building in this Court complex. 2. Whether it is a small place or a big place whether it is a District Head Quarter o... |
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ALWAYS ON THE QUI-VIVE - M. Ramakoti, Advocate, Visakhapatnam - Life of Law is not logic- but experience – it keeps on changing in a changing society, adopting itself to the altered situations. Sometimes for a variety of reasons, it lags behind the society progressing ahead, needing just a little push to keep pac... |
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DRONAMRAJU SATYANARAYANA v. N.T.RAMA RAO 1988 (1) A.L.T 178 – A CONSTITUTIONAL ISSUE - M. Ramakoti, Advocate, Visakhapatnam - “Politics is the last resort of rascals- A haven for scoundrels”. Dr. Samuel Johnson define Politics thus. This enunciation is about Politicians only but not Statesmen. In a constitutional Republic, Judiciary is the third estate and the s... |
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REVISION OF PAY SCALES OF JUDICIAL OFFICERS In the Light of the Recommendations of VIth Central Pay Commission - N. Vidya Prasad - Former President, A.P. Judicial Officers Association, Former Working President of all India Judges Association Galaxy of legal luminaries time and again observed that the edifice of the administration of justice rests on the shoulder of the Dis... |
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Speech* By - Hon’ble Mr. Justice P.S. Narayana - 1. I am well delighted to be at this place “Pathikonda”, this morning, to lay the foundation stone for the construction of the building in this Court complex. 2. Whether it is a small place or a big place whether it is a District Head Qu... |
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ALWAYS ON THE QUI-VIVE By - M. Ramakoti, Advocate, Visakhapatnam - Life of Law is not logic- but experience – it keeps on changing in a changing society, adopting itself to the altered situations. Sometimes for a variety of reasons, it lags behind the society progressing ahead, needing jus... |
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Address at Kurnool District Court Premises* - Hon’ble Mr. Justice P.S. Narayana - 1. I am happy to be at this illustratious, notable, historical town, on the banks of the Holy “Tungabhadra”, at a juncture when the devotional, auspicious, religious, “pushkarams” are going on. I am equally happy to inaugurate this building within th... |
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DRONAMRAJU SATYANARAYANA v. N.T.RAMA RAO 1988 (1) A.L.T 178 – – A Constitutional Issue By - M. Ramakoti, Advocate, Visakhapatnam - “Politics is the last resort of rascals- A haven for scoundrels”. Dr. Samuel Johnson define Politics thus. This enunciation is about Politicians only but not Statesmen. In a constitutional Republic, Judiciary is the third estate and the s... |
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A NOTE ON R v. GORDON AND OTHER APPEALS AND APPLICATIONS, (2007) 2 ALL ENGLAND LAW REPORTS 768 - Justice P.S. Narayana - The Court of Appeal-Criminal Division had an occasion to deal with the credit for periods of remand in custody and guidance in relation thereto in the contest of the provisions of the Criminal Justice Act, 1967 and Criminal Justice Act, 2003 and po... |
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