Corporate Criminal Liability – An Indian Perspective
A. INTRODUCTION CONCEPT & RATIONALE OF CRIMINAL LIABILITY OF CORPORATION Corporate bodies are more corrupt and profligate than individuals, because they have more power to do mischief, and are less amenable to disgrace or punishment. They neither feel shame, remorse, gratitude nor goodwill Hazlitt. [1] The evolution of the concept of criminal liability of corporations is… Read More
Tags: Corporation, criminal law, India, Law, Legal liability, Legal personality, Supreme Court of India, United States
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act A Welcome Change in a World of Unwelcome Advances?
Sexual Harassment affects all women in some form or the other. Lewd remarks, touching, wolf-whistles, looks are part of any woman™s life, so much so that it is dismissed as normal. Working women are no exception. In fact, working women most commonly face the backlash to women taking new roles, which belong to male domains… Read More
Tags: Bhanwari, Bhanwari Devi, India, Rajasthan, Sexual harassment, Supreme Court, Supreme Court of India, Supreme Court of the United States
SC quashes ICAI™s Appeal on ceiling on number of tax audits
SUPREME COURT OF INDIA RECORD OF PROCEEDINGS CIVIL APPEAL NO(s). 7208-7209 OF 2005 INST.OF CHARTERED ACCOUNTANTSOF INDIA VERSUS K. BHAGAVATHEESWARAN & ANR. (With office report) Date: 01/04/2013 These Appeals were called on for hearing today. CORAM : HON™BLE DR. JUSTICE B.S. CHAUHAN HON™BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA For Appellant(s) Mr. N.K. Poddar,Sr.Adv. Mr. Pramod Dayal, Adv. Mr. Nikunj Dayal,Adv.… Read More
Tags: Amicus Curiae, Appeal, Appellate jurisdiction, Income Tax Act, Income Tax Act 1961, New Delhi, Supreme Court of India, The Honourable
Service Tax on service provided by way of erection of pandal or shamiana
Circular No. 168/3 /2013 - ST F. No. 356/2/2013-TRU Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs Tax Research Unit North Block New Delhi, 15th April, 2013 To, Chief Commissioners of Central Excise and Customs (All), Director General (Service Tax), Director General(Systems), Director General (Central Excise Intelligence), Director General… Read More
Tags: Andhra Pradesh, Andhra Pradesh High Court, Finance Act, Haryana, Pandal, Punjab and Haryana High Court, Supreme Court, Supreme Court of India
Corporation Criminal Liability – An Indian Perspective
Criminal Liability of Corporation: An Indian Perspective Manjeet Kumar Sahu Abstract Current Supreme Court™s decision have made the stand apparently clear in India that the Corporation can be prosecuted as a separate legal entity even in the offences where the punishment is imprisonment. This Article explains the present status of India on Corporate Criminal Liability… Read More
Tags: Crime, Glanville Williams, India, Indian Penal Code, Indian Supreme Court, Maharashtra, Standard Chartered, Supreme Court, Supreme Court of India, TADA
Right to Strike as a Fundamental Right
INTRODUCTION Trade Unions with sufficient membership strength are able to bargain more effectively ¦ The bargaining strength would be considerably reduced if it is not permitted to demonstrate by adopting agitational methods such as ¦ 'sit-down strike', and 'strike'. This has been recognized by almost all democratic countries. As the statement of the Indian Supreme… Read More
Tags: Communist Party of India, Hon, ILO, India, Indian Supreme Court, International Labour Organization, Karnataka, State, Strike action, Supreme Court, Supreme Court of India, Tamil Nadu, Tamil Nadu Government, Trade union
GoI Action Against Administrative Reforms
From 2009 to February, 2013, CBI has made 3413 requests to various Ministries/Departments/State Governments for sanction for prosecution under the Prevention of Corruption Act, 1988. Out of these, sanctions were received against 3004 requests and denied in respect of 232 requests. The Supreme Court of India, vide its judgment dated 18th December, 1997 in the… Read More
Tags: CBI, Central Bureau of Investigation, Central Vigilance Commission, Government, India, Lok Sabha, Murli Manohar Joshi, Supreme Court of India
Copyright In Judgment: An Analysis
1.1 Introduction The primary purpose of this essay is to analyze the copyrightability of a judgment in India. It will examine whether a copyright can be granted to a judgment at all, and if yes, to what extent such copyright can extend. 1.2 The Law For Copyright In Raw Judgment Section 2(k) of the Copyright… Read More
Tags: common law, copyright, EBC Modak, Feist, Feist Publications, India, Originality, Supreme Court, Supreme Court of India, United States
National Telecom Policy envisages delinking of spectrum under Spectrum Management and Licensing Framework
The National Telecom Policy (NTP-2012) envisages delinking of spectrum in respect of all future licences and, making spectrum available at a price determined through market related processes. The Supreme Court of India in its judgment dated 2nd February 2012 in WP(Civil) No. 423 of 2010 quashed the licenses granted to the private respondents on or… Read More
Tags: Department of Telecommunication, National Telecom Policy 2012, Spectrum Management and Licensing Framework, Supreme Court of India, Telecom Regulatory Authority of India
Agreement for sale or an agreement to sell itself does not create any interest or charge
CLR Editorial Notes: In the said judgment, while examining the ambit and scope of Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short, the 'Act of 1985') and its overriding application over the provisions of Transfer of Property Act, 1882 (for short, the 'Act of 1882'), with particular reference to Section… Read More
Tags: Bank of Baroda, Dena Bank, Indian Overseas Bank, Objection Certificate, Punjab National Bank, Supreme Court, Supreme Court of India, Swatanter Kumar
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