Works Contract is an agreement between
contractor and contractee to transfer the moveable goods as per section
2(1) (zt). This includes the activities of assembling, construction,
building, altering, manufacturing, processing, fabrication,
installation, fitting out, improvement, repair or commissioning of any
moveable or immoveable property.
Contractee as per section 2(1) (j) is
the person for whom or for whose benefit a works contract is executed
and contractor as per section 2(1) (k) is the person who executes either
himself or through...
Tuesday, 4 June 2013
The Benami Transactions (Prohibition) Act, 1988 and its loopholes.
I had gone through the Benami Transactions (Prohibition) Act, 1988
earlier but I never noticed the loopholes in it. In fact I had no reason
to examine the Act as I never had an opportunity to deal with that Act.
It was only yesterday when a journalist called me and told that a
Benami Transactions Prohibition Bill is about to take formation and he
asked for my suggestions, I went through the Act once again and examined
it thoroughly. Although it is the duty of the Legislature and the
Legislature will see what are the expedient factors for...
Defeated Labour Laws in India
Title: Labour Laws are being defeated in India.
Structure, objects and Aims to set up and codified Labour Laws in
India is now at the edge of its failure. The left parties who had been
introducing themselves as Watchdogs for labourers are now become
habitual of enjoying chair in politics and have forget their so called
aim of welfare of labour class. India is going sharply to contract
labour and the labour laws are being defeated. Even Govt. departments
who are bound to engage permanent employees are now hiring
labour/employees through...
Legal Perspective of the live-in relationship
India is a country, which is slowly opening its doors for western
ideas and lifestyles and one of the most crucial episodes amongst it, is
the concept of Live-in relationships. Many has been said and debated on
the concept of Live-in relationships in India. It is important to
understand the said concept from legal view point. In the year 2010 the
Hon’ble Supreme Court of India had rendered few land mark judgments with
regard to the live-in relationship.
CHANMUNIYA Vs VIRENDRA KUMAR SINGH KUSHWAHA
Judgment date: October 07, 2010
Facts: The...
Quashing the gifts case against jayalalithaa
The quashing of gifts case against the Present Chief Minister of
Tamilnadu shows that the Court are going on ln line with the people in
Government. The Madras High Court would have given the relief to
Jayalalithaa. But it has sent out a wrong signal to the people at large
that whatever the wrong committed by the individuals could go with the
time provided that individual should come to power either as Chief
Minister or Miniser . Really the madras high court has made a fun as
judgment stating that the judge of the high court has come to...
Judicial Creativity: A Magic Band
DPSP’s risen to standard of Fundamental rights:
This paper is an attempt to draw the attention of readers on the present day high degree of Judicial Creativity. If
we take a look towards DPSP’S (Directive Principle Of State Policy)
then in today’s context we find them risen to the standard of
Fundamental Right’s which were considered once to be surplus, a rope of
sand and mere moral precepts. At one time the role of the
State was restricted of merely acting as a Police State whose main work
was maintenance of...
Hearsay Evidence Inadmissible
Hearsay is information gathered by one person from another person
concerning some event, condition, or thing of which the first person had
no direct experience. When submitted as evidence, such statements are
called hearsay evidence3a.
Statement of witness based on information received from others is inadmissible3.
The Apex Court in Kalyan Kumar Gogoi V Ashutosh Agnihotri3, had provided reasons why hearsay evidence is not received as relevant evidence are:
(1)
The person giving such evidence does not feel any responsibility....
Restriction on Transfer of Shares in a Public Company
(The following Article have been published in the Journal of
Chartered Accoutants, Sepember 2011 issue, published by ICAI, New Delhi.
This Article is posted here for general and academic purpose only.)
Recent
decision of the Bombay High Court in the case of Messer Holing has
changed the way to negotiate restriction on transfer of shares in a
public company. The decision brought some respite for JV partners
however its not provides effective resolution for equity partners and
some questions yet to find their standing. This article...
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