GST is India’s most far reaching tax
reform and aims to integrate the country into a common market by
dismantling fiscal barriers between states. The introduction of GST is
expected to lower the cost of doing business, which will eventually
translate into lower prices for the customers.
GST, known as Goods & Service Tax
has already been adopted by 140 countries in the world. Most of the
countries has a unified GST system. Brazil and Canada follow a dual
system where GST is levied by both the Union and State governments.
France was...
Wednesday, 12 June 2013
Validity Of Sale Agreement Cum General Power Of Attorney.
There has been a hue and cry from various quarters, that henceforth a
person cannot execute a power of attorney to sell immovable property
and all such transactions are invalid. The aforesaid wild interpretation
was based on the judgment delivered by the Honourable Supreme Court in
Suraj Lamp And Industries (P) Ltd., Vs State of Haryana and another. The
alarm is unwarranted and the fear is uncalled for. The Honourable
Supreme Court had reiterated the legal position with respect to sale
agreement and power of attorney.
At the outset it...
Lawyer’s assistance in domestic inquiries
Representation by lawyer in a departmental inquiry:
The question often arises as to whether the delinquent should be
allowed to hire the services of the lawyer for the purpose of effective
representation in a departmental inquiry. This would depend upon the
“language of the statutory rules” governing the departmental inquiries.
And generally, the rule making authority bestows the discretion upon the
Disciplinary authority, either to allow the delinquent to engage a
lawyer, or to decline. There is however, no blanket rule or a precedent...
Political will needed to strengthen India’s judicial system
London, June 13 (PTI) Noting that the overall social indicators of
access to justice in India are quite disappointing, Chief Justice of
India, K G Balakrishnan today said polical will is needed if some
meaningful progress is to be made in the country’s judicial system.
Emphasising the paradox in the system, Chief Justice Balakrishnan said
“even though the judicial system has been tackling a continuously rising
case-load, the overall social indicators of access to justice are quite
disappointing.
“The Limited reach of the justice-delivery...
GLOBALISATION HAS DONE MORE FOR THE POOR THAN TRADE UNIONS
AFTER presiding over a regressive campaign that successfully
persuaded the Rudd government to wind back 25 years of workplace reform,
ACTU president Sharan Burrow is now seeking to be an activist on the
world stage. Ms Burrow will stand for election as general secretary of
the International Trade Union Confederation in Brussels, headquarters of
the European Union and its coddled, subsidised army of bureaucrats.
Judging by its agenda, the ITUC sees its role as defending the
world’s workers from the perceived ills of globalisation. As well...
Doctrine of Merger or “scenes a faire” doctrine under Copyright
Doctrine of Merger or “scenes a faire” doctrine under Copyright Law
It
is the cardinal principle of copyright law that the idea is not
copyrightable but the expression of an idea is copyrightable. To explain
it by an illustration, let’s say “Sun and Moon”, now this is a simple
idea or plot and let’s say the comparison between the sun and moon can
be expressed in thousands of ways by different poets and each particular
expression by way of poem is copyrightable. So, the idea “sun and moon”
is not copyrightable but the expressions...
Reforming Property Right of Women
As India
becomes increasingly aware of the need for equal rights for women, the
Law Commission is now engaged in studying the changes in Hindu Law to
give women a fair deal in the sharing of ancestral property. The Law
Commission is treading carefully and seeking to ensure that its
recommendations promote harmony in the social fabric and within
families. It had sent out a detailed questionnaire to legal experts,
including teachers, as well as business leaders, farm leaders, people in
the services, authors, writers, journalists, non-governmental...
The Cyber Terror-Beware Jihadi Love
I have been hearing a lot about Cyber
Terror but have remained untouched by it so far. God is kind to me and
my friends who have just heard of this phrase or read it in the
newspapers. Anyway, let us see for ourselves what it entails.
The electronic communication on the
Internet belongs to the Cyber ream. As and when one plans to use or
misuse the cyber realm for an act or omission causing Terror in a
section of people anywhere in the world, it is called Cyber Terror. It
can be used for sending Emails, real or fake, to people...
Why One Shall Not Be Justified in Thinking that an Attempt is Being Made to anyhow upheld the claim of the State?
INTRODUCTION:
An extract is reproduced below from ‘Walk the Talk’ on NDTV 24×7 with
The Indian Express Editor-in-Chief Shekhar Gupta, former Supreme Court
judge and now chairman of the Press Council of India, Justice Markandey
Katju, talks about ‘judicial overreach’ and ‘media excesses’ (posted on Indian Express website: Tue Oct 18 2011, 03:52 hrs)
“But the anger that we are generally seeing is more of what the executive now complains about—obiter dicta.
I don’t want to comment about other judges but I became a judge in...
Inherent Powers of Civil Court to do Justice Between Parties
In this Article I am dealing with the inherent powers of the civil
Courts to do justice. The Courts existed even when there was no written
statue on the fundamental principle to do justice and to amicably settle
the matter. The Courts exist to even today and it has natural power
inherited in it by virtue of its duty to do justice between the parties.
Section 151 of the Code of Civil Procedure (CPC) provides for the
saving of the inherent powers of the Court in order to meet the “ends of
justice” or to avoid the “abuse of the process...
Arbitration: Some thoughts to share
A COMPARATIVE STUDY ON THE LAWS OF ARBITRATION
The Hon’ble Chief Justice of India Mr. Justice R.C. Lahoti, observed that :-
‘The philosophy of Alternate Dispute Resolution systems is
well-stated by Abraham Lincoln: “discourage litigation, persuade your
neighbours to compromise whenever you can. Point out to them how the
normal winner is often a loser in fees, expense, cost and time.”
Litigation does not always lead to a satisfactory result. It is
expensive in terms of time and money. A case won or lost in court of law
does not change...
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