Sunday, December 15, 2013

The Judiciary is Independent, But Are We?

(Also read one of our previous article on 'Homosexuality In Legalitywritten by Shashank Sahay )

The newspapers and social networking sites are overflowing with criticism of the Supreme Court's decision Suresh Kumar Koushal & Anr. v. NAZ Foundation & Ors., which has upheld the constitutional validity of section 377 of the Indian Penal Code and upheld the illegality of homosexual intercourse.

am reminded an incident which took place in my first year of law school. I was attending a guest lecture on 'Constitutional Jurisprudence' by the then sitting  Hon'ble Supreme Court Judge, Justice Markandey Katju. During the Q&A session, one of my professors asked the Hon'ble Judge why the judiciary was not doing anything substantial to tackle the problem of the corrupt politicians and MPs. Justice Katju shot him down immediately (not literally), "It is you who vote for these people, it is you who put them in power, and then you come crying to the courts!", Justice Katju shouted.

Sunday, December 1, 2013

Section 50C of ITA not applicable to transfer of Immovable Property held through Co.

In Irfan Abdul Kader Fazlani vs. ACIT (ITAT Mumbai) (Entire order available here) the assessee was the shareholder of a company called Kamala Mansion Pvt. Ltd (KMPL). KMPL owned flats in a building known as Om Vikas Apartments, located at Walkeshwar Road, Mumbai- 400 026. The assessee sold the shares for a sum of approximately  Rupees Thirty Seven Lakhs and Fifty One Thousand Only and capital gains were offered on that basis. The AO & CIT(A) held that by the sale of shares in the company, the assessee had in actual fact transferred the immovable property belonging to him, and it was merely an indirect way of transferring the flats, for lesser consideration

Friday, October 11, 2013

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

A Social worker on her way to fulfill her duty, following the path of humanity, saving an infant from getting married at her early age was Bhavridevi- the same woman who was brutally raped and harassed just because of the nature of her work. Popularly known as Vishaka Vs State of Rajasthan[1] is considered as the basic structure of this Act. 1997 saw Vishaka, 1999 witnessed Apparel Export Vs A.K Chopra[2] where harassment was distinguished from an attempt to sexual harassment.

Saturday, October 5, 2013

Costs / Compensation in Contempt Proceedings

Pakistan SC dismissed the contempt
charges against Imran Khan,
who criticized the role of the judiciary and
the election commission terming it shameful
Under the Contempt of Courts Act, 1971 contempt has been classified into (1) civil contempt and (2) criminal contempt. Civil contempt includes “wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court”, whereas criminal contempt covers cases in which a persons does anything which scandalises, lowers the authority of or interferes with the functioning of the Court. (Image taken from here.)

When we hear the word ‘civil’ we think of ‘remedy’, ‘compensation’ or ‘damages’. Interestingly the Contempt of Courts Act, 1971 does not provide for any of these. 

Friday, October 4, 2013

SC: Execution of Will excluding certain Legal Heirs does not render it Invalid

Family members fighting for inheritance of mother deceased dead treasure

The Hon’ble Supreme Court, (Division Bench of Mr. Justice G.S. Singhvi and Mr. Justice Sudhansu Jyoti Mukhopadhaya) in the case of Mahesh Kumar (D) By Lrs. vs Vinod Kumar & Ors  (read entire judgement here.) has held that that active participation of the propounder / beneficiary in the execution of the Will or exclusion of the natural heirs cannot lead to an inference that the Will was not genuine. 


The Hon’ble Supreme Court set aside a judgement of the Madhya Pradesh High Court which disbelieved the validity of a will executed by one Shri Harishankar to the exclusion of two of his sons.

The D.B. observed that: 

Sunday, June 30, 2013

Impact of Natco v Bayer: A Giant Step Towards Reasonably Priced Healthcare

(Also read the article 'Game Changer In The Generic Industry' by Jasmine  Kaur)

Introduction
Girl Pill swallowing Capsule in mouth Lady animatedIn March 2012, the Indian Controller of Patents granted India’s first compulsory license under Section 84 of the Patents Act, 1970 to M/s Natco Pharma Ltd[1]. The order was in relation to Bayer Corporation’s patented anti cancer drug Sorafenib tosylate [2], marketed as Nexavar, which was made for the treatment of Renal Cell Carcinoma-RCC (kidney cancer) and also for the treatment of Hepatocellular Carcinoma-HCC (liver cancer)[3].

Compulsory licensing is 

Saturday, June 22, 2013

The Copyright (Amendment) Act, 2012: A Landmark in Indian Copyright Legislation


"It is a step in the right direction in protecting the interest of the lyricists, who create wonderful songs,"[1]                                   

Introduction
Prior to 2012, the Copyright Act, 1957 has been amended five times. Of these, the amendment of 1994 is perhaps the most significant because it partially dealt with issues relating to digitisation of copyrighted works.
The Copyright (Amendment) Act, 2012 (‘the Amendment Act’) is popularly concerned a boon, due to progressive amendments such as ‘right to royalty’ and exceptions for persons with disabilities, which received large media coverage. However, there are also a few

Friday, March 22, 2013

Surrogacy in India - Get a Womb!



Introduction
In ancient times surrogacy cases were rarely spoken about and were never documented. Traces and hints of surrogacy can be found in Mahabharata[1], in relation to the birth of Balaram, the brother of Krishna[2]. The earliest clear record of surrogacy can be found in the bible in which the story of Abraham and Sarah[3] mentions that Sarah had experienced infertility, and asked her handmaiden, Hagar, to carry a child for her and Abraham[4]. Since biblical times, there have probably been many such surrogate pregnancies. But it is not until the late 1970s that anything is recorded again[5]. In 1976, lawyer Noel Keane brokered the first legal agreement between a set of intended parents and a traditional surrogate mother[6]. The surrogate mother did not receive compensation for this. Commercial surrogacy was first recorded in 1980 when Elizabeth Kane received compensation for surrogacy.[7]


The Basics of Surrogacy
Surrogacy is the practice whereby

Friday, March 15, 2013

Introduction to Property Tax in India


Property tax in India is not as easy to understand as someone might think. However, if we dissect it into smaller and simpler to understand parts, it will definitely make things a lot easier.

The property tax rates in India have been rationalized to make them easier for public to understand. The changes have been made to make the tax system comply with the international property tax standards. Capital Value System (CVS) has been introduced in Bangalore. Similarly Delhi has set up a website making tax payments a lot easier. However, there are still a lot of misconceptions about property tax in India that need to be cleared. The most important question that often goes unanswered is

Monday, February 18, 2013

SC- Hindu Woman Entitled to Same Property Rights as other Male Siblings



The Supreme Court in the case of Ganduri Koteshwaramma & Anr. vs Chakiri Yanadi & Anr. held that a Hindu lady will have equal property rights as her other male siblings, for partitions made in intestate succession after September 2005.


A Division Bench of Justice R.M. Lodha and Justice Jagdish Singh Khehar upheld the order of the trial court while also setting aside the judgment of the Andhra Pradesh High Court’s decision which did not recognize the same property rights of Hindu daughters as their brothers. The Apex Court held that

Tuesday, February 12, 2013

Trademark Dilution: Yea or Nay


(Also read our previous post on the basics of 'Trademark Dilution')
“None should be continued to be allowed to use a world famed name to goods which have no connection with the type of goods which have generated the world wide reputation.”[1]
-         Justice M. Narain

Introduction
In today’s world, where consumers purchase products not based on quality or usefulness, but instead are carried away by the brand name and trade symbol which accompany the product, protection of the distinctiveness of a trademark is of the utmost importance. Trademark dilution is a claim which the owner of a famous trademark can make to prevent others from using a mark which decreases the value or distinctiveness, or tarnishes the reputation, of the famous mark.[2] Many scholars argue

Saturday, February 9, 2013

Cash Compensation Received by a Member of Housing Society Under Redevelopment Scheme, “Capital Receipt” not “Revenue receipt”


The Income Tax Appellate Tribunal at Mumbai, in the case of Kushal K Bangia, Mumbai v. Assessee  (ITA/No. 630/Mum/2006) (the entire case can be found here.) ruled that the cash compensation received by a member of the housing society under a redevelopment scheme from a developer should be treated as a “capital receipt” and, therefore, would not be taxable as “revenue receipt” in the hands of the member. As a result, the compensation would reduce the cost of acquisition of the new flat at the time of computing the capital gains in respect of the said new flat. The brief facts

Sunday, February 3, 2013

Bringing Home the Law: Getting Domestic Workers within the Ambit of Labour Law


Also read our other article on Bringing Domestic Workers within the Ambit of Labour Law by Shashank Sahay

§  Introduction:-
 Domestic workers carry out a range of household services, from providing care for children and elderly dependents to cleaning and household maintenance. In India, It is one of the largest sectors of work in urban areas and an important source of employment for women. These workers are many times deprived even a single day off in the entire month. Some domestic workers are live-in and may be made to

Thursday, January 10, 2013

Lacunae in the Right to Information Act, 2005


 “A rights-based enactment is akin to a welfare measure. [It] should receive a liberal interpretation.[1]

The Right to Information Act boosts transparency and eliminates exceptions provided under the Freedom to Information Act, 2000 and the Official Secrets Act, 1923 which take away accountability. Since its enactment in 2005, the RTI Act has played a significant role in increasing transparency in government offices.

Monday, January 7, 2013

Legal Internship- Indian Law Firms, LPOs and NGOs

We know he's an associate, not an intern,
but you get the point, right?

Given below is a list of law firms where one can apply for legal internship/articleship along with the departments or areas of practice of the firm, address, e-mail address, website and procedure for applying. We have endeavored  to cover law firms or LPOs or NGOs all over India, but you may find that the list focuses on those which are Mumbai based. 

The list is constantly updated and everything given below is to the best of the authors knowledge. If you feel any changes, additions or deletions are required you may comment below or e-mail us at mowingthelaw@gmail.com or use the Contact Us form. In any case please do comment below if you have used any of the information contained herein. Enjoy!: