Prachi Verma

Encrypting communications enhances privacy and the security of information services. This, in turn, incentivises innovation in the ICT sector and contributes significantly to the growth of the internet economy. India’s (now withdrawn) Draft National Encryption Policy was single-minded in its approach. It sought only to prescribe standards that would enable law enforcement agencies to access encrypted data. There are, however, multifarious concerns of users, internet companies and the intelligence community that need to be addressed. The second iteration of the encryption policy should incentivise the adoption of strong encryption standards by both the government as well as the private sector. It must explore technologically sophisticated solutions to protect information flows in the digital economy. This paper highlights some of these solutions that can help ensure that the policy remains relevant over the next few decades.

The research study encompasses a critical analysis of viability of regional organizations as conflict management bodies. Despite the benefits that a regional composition and common history can afford, these organizations operate under many organizational constraints and other limitations. Moreover, their success as dispute resolution bodies is largely dependent upon a mix of different factors ranging from historical and geographical to political and cultural ones. Since mid-1990s, there has been a growing trend towards regionalization and this paper analyzes the viability of regional organizations as conflict management bodies, taking the case of SAARC and ASEAN as examples. Though the prime objective of both these organizations is to foster regional co-operation and enhance economic progress, it has been sought to be analyzed in the paper as to how far they can function as effective conflict resolution bodies.

While the human rights issues that affect the growing number of migrant workers are pressing, there is a general lack of knowledge of relevant international legal standards and, in many instances, a lack of political will or institutional capacity to apply these standards to laws, policy and practice. The international standards most relevant to migrantworkers are among the least understood of any of the core human rights treaties or ILO conventions. This paper sets out the human rights standards that apply to migrant workers andmembers of their families.

International labour migration is one of the key features of the globalized world. It is, therefore, not surprising that international labour mobility will only become more important as a subject since it affects the socio-economic life of both labour-sending and labour-receiving countries and as concerns relating to labour and human rights issues are becoming more prominent. India has an estimated 25 million strong Overseas Indian community. Large numbers of Indians are emigrating every year to other countries in search of a better quality of life and earn higher incomes. Thus, there is a great need for improving emigrants’ protection and taking welfare measures along with regulating and assisting the workers proceeding abroad for employment on contractual basis. The paper analyzes the Indian regulatory framework for migrant workers abroad who await recognition and protection.

In India, the Inter – State Migrant Workmen (Regulation of Employment and Conditions of Service) Act is a significant legislation on Inter – State migrant workmen. The migrant workers are recruited from various parts of a particular state through contractors or agents for work outside that state. This system lends itself to various abuses. Low wages, No working hours are fixed for the migrant workers and they have to work on all the days in a week under extremely bad working conditions and the provisions of the various labour laws are not being observed in their case. In light of this, it will be useful to examine the provisions of the Inter- State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 along with other labour laws and their success, if any, in securing the intended reliefs and benefits to the Inter- State Migrant Workers in the country.

The broad objective of the study is to draft a model legislation on the State Lokayukta and Up-Lokayuktas after analyzing the different State legislations currently existing in India and addressing the lacunae which they suffer from. The background research for the purpose of drafting the aforesaid law encompasses an analysis of the Lokayukta and Up-Lokayuktas Act of the major states in India as well as the Lokpal and Lokayukta Act, 2013 which is the relevant central legislation on the matter. To come up with a model law on the matter, the researcher has also looked into the reports of the First and the Second Administrative Reforms Commission to understand the history and development of the concept of ‘Ombudsman’ in India.

In this paper, the researcher would identify the challenges confronted in the intermediaries-driven market regime, especially in preventing intermediaries’ conflicts of interest vis-a-vis investors and issuer companies. In the era of closed markets, intermediaries were not common because buyers and sellers transacted in close proximity to one another and a “middleman” was not required. However, as financial markets expanded and matured, it was no longer possible for buyers and sellers to have direct dealing; thus, contemporary capital markets are substantially dependent on market intermediaries. To understand this dependence, to comprehend how market intermediaries are driving the market today, and to ascertain the regulatory contours of India’s securities market regulator in respect of intermediary governance, it is imperative to do an in-depth study on the subject matter.

This paper critically examines the impact of major land reforms in changing the unequal and exploitative agrarian structure. The paper also seeks to provide the context in which the reforms were introduced, their objectives and the measures that they put forth. The three major land reforms introduced since India gained independence, i.e., abolition of intermediaries, tenancy reforms and ceilings on landholdings have been dealt with in the paper in detail and thereafter, the researcher has attempted to come up with the defects in them. Recommendations for future land policy regarding these reforms have also been put forth.

The research study encompasses a critical analysis of the existing international environmental law principles. The emphasis has been laid on the shortcomings of the principles with a view to assess their efficacy in dealing with environmental issues. This has been done by analyzing the nature and origin of these principles and the extent to which they function in the protection of the international environment and their role as sources of environmental laws for the protection of the environment. The overall design is to make suggestions which enhance the growth of international environmental law in this regard.

The reality of bancassurance is multifaceted. A clear success in many markets such as France, Spain or Italy, it remains a marginal player in other countries. However, it is not so easy to understand why it fails to develop in the same way everywhere. Because the keys to success are numerous, variegated and sometimes surprising. The objective of this research project is to study experiences of bancassurance in different countries, in light of which the researcher would seek to evaluate that what possibly can be instrumental in promoting this sector in the Indian subcontinent.

A power of attorney document is an extremely important part of estate planning yet one of the most misunderstood. It is often convenient or even necessary to have someone else act for you as there is advancement in the business and commerce transactions. As many people confuse the power of attorney (POA) with a will (Probate), but these documents are two very different things and have two very different functions. A will comes into effect on the day person die. A POA applies during a person’s lifetime and ceases to apply when he dies.

The area of study of this project is limited to a detailed study the law relating to the power of attorney and the various kinds of power of attorney and what are the requisites of a valid power of attorney. The duties of attorney holder would be looked into and also, the researcher would provide a sample power of attorney drafted by the researcher at the end of the project.

The Banking Regulation Act, 1949 vests the Reserve Bank with various statutory powers of control and supervision over co-operative banks. The powers in regard to incorporation, management, etc., of these banks, however continue to vest in the Registrars of co-operative Societies of the States concerned. Further, the provisions of the Banking Regulation Act, 1949 (as applicable to Co-operative Societies) shall be in addition to, and not, save as expressly provided in the Act, in derogation of any other law for the time being in force. This means that the co-operative Banks are required not only to comply with the provisions of the Banking Regulation Act, but also other laws applicable to them. In respect of matters specifically provided in the Banking Regulation Act, the provisions of the said Act will prevail over the provisions of the Co-operative Societies Act. In 1966, the Act was made applicable to cooperative banks by incorporating Section 56 therein.

Harm  suffered  voluntarily  does  not  constitute  a  legal  injury  and  hence,  is  not  actionable.  This  principle  has  been  embodied  in  the  maxim  volenti  non  fit  injuria  which  literally  means  that  “to  which  a  man  consents,  cannot  be  complained  of  as  an  injury”.  The  claimant  is  not  allowed  to  complain  of  harm  to  the  chances  of  which  he  has  exposed  himself  with  knowledge  and  of  his  free  will  and  for  this  reason,  his  consent  proves  to  be  a  really  good  defence  against  him.

The project would firstly elaborate upon the need for judicial control over delegated legislation, after which it would discuss the doctrine of ultra vires. Thereafter, factors which make delegated legislation subject to judicial review would be looked into, also explaining in brief the grounds on which the same can be held ultra vires the enabling Act or the Constitution of India. Towards the end of the project, emphasis has been laid upon unreasonableness of rules made by administrative authority throwing light on the extent to which they are prone to judicial scrutiny.

The research paper would be an analysis of the scope of the Transfer of Property Act, 1882 in relation to its applicability over movable and immovable property in India. It would essentially seek to prove or disprove the hypothesis that “Transfer of Property Act deals only with immovable property.” Most of the provisions of the Act relate to immovable property, though some of them provide for movable property as well. All these aspects would be looked into and the thus, the research work would provide an insight into the kinds of transfer dealt with in the Act and their applicability to movable and  immovable property as such.

The current research paper would seek to discuss the relationship between pleadings and the principles of natural justice. This can be done in as much as the very basis for the introduction of the concept of pleadings is based on giving a fair hearing to both the parties where both of them know what the other is alleging, and the issues that must be decided by the court. Firstly, the researcher would discuss the concept of pleadings and natural justice individually and thereby entwine the two to find a coherent link. The principle of variance between pleadings and proof would also be looked into. Basically, the main aim of the research work is to analyse the object that is meant to be achieved through pleadings, and the principle of variance of pleadings and proof, and relate them to the principles of natural justice, mainly that of audi alteram partem, to prove that principles of natural justice are an integral part of the procedural law of the country.

The researcher in this project concentrates on the regulatory power of Competition Commission of India with respect to merger, the various factors which affect Mergers and Acquisitions under Competition Act, such as Appreciable Adverse Effect on Competition (AAEC), and effect in the relevant market, and the effectiveness of these measures.

The Mathura case, an unfortunate decision of the Supreme Court, sacrificing the dignity and human rights of women, led to public outcry, coupled with the intensification of pressure by the legal fraternity and social organisations, paved the way to the 84th Report. The role played by the legal fraternity by strongly responding against the judgment of the Supreme Court was extraordinary. The response against the judgment in Mathura case was an eye opener to the policy makers to make proper law to tackle with the indignity suffered by women.
This project is a case comment upon the judgment of the Supreme Court in the same case of Tukaram & Anr. v. State of Maharashtra (AIR 1979 SC 185), popularly known as the Mathura rape case.

OBJECTIVE: To analyse the relevant provisions of the Income Tax Act, 1961 relating to Income from House Property and have an understanding as to the concept of ownership under such provisions as well as what exactly qualifies as “property” which is taxable under this head of income.

Conversion from one religion to another has far reaching consequences. A mere declaration, oral or written cannot be said to have resulted in conversion. Similarly, just any formality or ceremony would not suffice. In such a case, the mode of proof of conversion becomes an issue. Then, there are other legal issues surrounding the subject in the present times which have swelled up time and again in different cases, like whether or not a Hindu husband, married under Hindu law, by embracing Islam, can solemnize second marriage.

The Article 21 of Indian Constitution broadly says that “Protection of life and personal liberty- No person shall be deprived of his life or personal liberty except according to procedure established by law”. Through a long list of reforms in the laws and the judicial pronouncements this article has got a new aspect to it. Even if a person is a prisoner in the eyes of law and the public, he/she cannot be denied fundamental rights available to every human being under the Constitution of India. The project aims to go through the evolution of article 21 in respect of the prisoners’ rights.

The  objective  behind  the  research  work  is  to  analyse  the  place  of  formation  of  contract  in  the  case  of  telephonic  conversations  and  study  the  concept  of  jurisdiction  of  courts  with  reference  to  the  place  of  formation  of  contracts,  in  light  of  Bhagwandas  Goverdhandas  Kedia  v.  Girdharilal  Parshottamdas  &  Co.  along  with  its  after  effects.The  principle  of  the  Entores  case  has  been  endorsed  by  the  Supreme  Court  in  Bhagwandas  Goverdhandas  Kedia  v.  Girdharilal  Parshottamdas  &  Co.  The  case  would  be  discussed  in  detail  further  along  with  the  cases  which  were  relied  upon  and  the  Sepulchre  Brothers  v.  Sait  Khushal  Das  Jagjivan  Das  Mehta ,  the  decision  of  which  was  disapproved.  Further, the after effects of  Bhagwandas  Goverdhandas  Kedia  v.  Girdharilal  Parshottamdas  &  Co.  would  be  analysed  with  the  help  of  various  cases  where  this  particular  case  was  relied  upon  and  how  the  principle  developed  and  solidified  over  the  years.

This project involves an analysis into the interpretation of ‘like products’ as it occurs under Article III of the GATT with the help of the major case laws resolved by the WTO. The objective is to understand the approach taken in different interpretations of “like products” and thereafter, examine the merits of the same in light of the purpose of Article III. The first phase of the project takes up the intricacies of the concept of “likeness” in detail. This is followed by a critical analysis into different sources that are authorities in the interpretation of the term, including the 1970 Working Party Report and different case laws resolved by GATT/WTO. The final phase involves a very brief view of the ‘cultural exception’ to national treatment obligation.