|
|
|
| Legal
Sanctity of Electronic Communication
Legal Sanctity of Electronic Communication: A
new approach to substantive and procedural law has become necessary.
Businessmen, employers, employees, institutions, lawyers, judges and
even legislators have to understand not only the change but also
have to internalize the paradigm shift. ........more
|
| Necessity
of New Competition Law
Necessity of New Competition Law :
It is yet to be seen how the proposed competition law in India will
deal with aspects of law hitherto not addressed. The problem of
implementation and enforcement would be most serious as
international entities may be involved.
........ more
|
| Judicial
Activism
Veerapan
imbroglio -
Limits of Judicial Activism: Is liberty of a film star more
important than that of an ordinary citizen? Are we governed by the
rule of law or the sporadic inclinations of the people in power?.
........ more
|
| Dishonoured
Cheques
“The question is whether the presence of these precedents conveys
anything about the efficaciousness of the remedy under the
Negotiable Instruments Act. One measure for this may be the level of
convenience or inconvenience for the person who invokes the new
remedy under section 138.”
....... more
|
|
Mechanism of Public
Interest Litigation
“ … because PIL was devised to bring quick results,
bypassing normal procedures, and since it is considered a potent weapon,
it was bound to attract forces which would use it for the wrong reasons”
......more
|
| Women’s Rights in
India: Changing Facets
“However, intervention by courts in singular instances
cannot change the society. The women can achieve legal equality by changes
in social thinking itself. This can be achieved only through proper education.
Legislative measures which are wholly divorced from social reality, cannot
bring about drastic changes by use of concepts alien to the people” .....more
|
|
Compounding of Offences
beyond Cr.P.C.
”In our country, where the arrears of pending court cases
is huge, it is appropriate that, in public interest, we keep reviewing
the penal statues and have a policy regarding compounding of offences.” .....more
|
|
Right to Speedy Trial
“The accused in these cases might have been on bail - but the injustice
of pendency of trial for long periods is the uncertainty and the concomitant
anxiety suffered by the under-trial. The under-trial is inhibited in making
future plans for his life or executing present ones due to the uncertainty
which pendency of trial brings. His confidence starts to erode and at the
end of the trial, even if he is honourably acquitted, the scars of the
long trial remain. He feels condemned despite the acquittal.” .....more
|
|
The Working Children
“ One wonders why we need so many statutes to deal with a problem which
all civilised nations recognise to be basic. The 1986 Act from a bare reading
has done a patchwork job. It seems as if the legislature did not want to
dismantle the regime of disparate provisions contained in different statutes.
The problem is not complex to understand although difficult to resolve
taking all factors into consideration. The Act is more in the nature of
a symbolic recognition of a deep-rooted problem. Our own Constitution amply
recognises this problem…”.....more
|
|
