Are Independent Directors Really “Independent” In Indian Companies Dominated By Promoters?

The idea of independent directors is quite exciting. As per provision under Companies Act, 2013 Independent directors are required to acts as conscience-keepers of the boards,vigilant watchdogs, protectors of the interests of minority shareholders as well as other stakeholders and implementers of regulatory norms. In addition, Independent Directors do not represent in the corporate decision-making. The position of the independent director is one most counterpoise position against the managerial...

CLAT 2016: Exam Analysis

The Common Law Admission Test- 2016 was conducted by RGNUL, Patiala on 8th of May from 3 PM- 5 PM. As per the students CLAT 2016 was quite easy, perhaps easiest of all the previous CLAT papers. RGNUL ensured that the registration process was smooth and hassle free and included specific time period for representation relating to the answer key. This has been done for the first time. The enforcement of the BCI notification by the Courts has ensured that, there was no age limit this year as...

38 Years of Age, Child or An Adult? The Special Leave that might be the Torchbearer of change in interpretation Laws in India

The Apex Court on 2nd April, 2016 was faced with a peculiar yetunique case, when an SLP was filed by a mother on behalf of her mentally disabled child. The factual matrix in brief was the rape of her daughter who had a functional age of 8-9 despite being 38 years of age. The mother prayed before the Supreme Court that due to the functional age of her daughter being less than 18 years, the case should be tried under the Protection of Children from Sexual Activities Act (The act dealing with...

Overburdened SC: Constitution Bench refuses to restrict Scope of Article 136

In the celebrated American decision in Brown v. Allen, Justice Robert H. Jackson of the Supreme Court of the United States admirably penned: “We are not final because we are infallible, but we are infallible only because we are final”. This squarely applies to the Supreme Court of India, the final forum of adjudication under our Constitutional Scheme. On the appellate side, our Supreme Court may hear appeals,which either the High Court certifies as fit for appeal, or in exercise of its...

Taxation of Slump Sale in India

The aspect of growth, progress and huge profits are the key driver and utmost concern for any business. Understandingly the approach is always to increase the size of the business. This can be done either through the organic way that is through the gradual progress or through inorganic ways, which is quick but fraught with liabilities. When it comes to inorganic mode of accelerating the growth of a business is acquisition of the assets of an undertaking or business thereof as a going concern....

Should Rarest of Rare doctrine be abolished?

Recently, again an accused is awarded a death sentence by a Mumbai Sessions Court“for raping and killing the techie, under IPC Section 302 (murder), Section 376 (rape) and Section 201 (causing disappearance of evidence of offence)”; terming it as the ‘rarest of rare’ cases. I am unable to understand the exact application of what the ‘Rarest of Rare’doctrine is and how it is applied each time. The doctrine ‘Rarest of Rare’ was first articulated in 1980 in the Bachan Singh case. Then in 2008, the...

Child Labour (Prohibition & Regulation) Amendment Bill, 2012: A Critique

The International Labour Organization (ILO) states that child Labour is “a violation of fundamental human rights”, which impairs a child’s development, potentially leading to lifelong physical or psychological damage. The organization’s comprehensive reports (An economic study of the costs and benefits of eliminating child Labour (Geneva, IPEC, 2004), pp. 4-5) on the subject of child Labour and economics showed that eliminating child Labour could actually help developing economies generate...

The Fight for an Additional Supreme Court Bench

The Supreme Court on 13th July 2015, rejected a PIL application to open a branch of the apex court in Chennai. Although it said that the PIL indicated progressive thought, it said that it was not inclined to go into the matter in its judicial side, for setting up of the bench.The PIL petition, namely AM Krishna vs Union of India & Ors, claimed that an additional bench of the apex court should be set up in south, west and north-eastern parts of the country. The Supreme Court of India, located...

The Irony that is the Land Bill

Since it was approved in 2013, The Right to Transparency and Fair Compensation in Land Acquisition Rehabilitation and Resettlement Act (LARR) has drawn a lot of flak from farmers, who claim that apart from fairly compensating land losers, the act had threatened their livelihood by exempting irrigation projects and most importantly, had allowed land acquisition by private entities. On the other hand, the act raised further questions regarding the lengthy acquisition process and the delay caused...

Sec 66A- An exaggeration of your rights end where my nose begins

The number of social media users in urban India would reach 302 million by Dec 2014 registering a Y-o-Y growth of 32% last year, according to a report ‘Internet in India 2014’, jointly published by the Internet and Mobile Association of India (IMAI) and IMRB International. According to this survey, for 93% of the respondents in urban India, the primary use of internet is Search, followed by Online Communication and Social Networking. With such an enormous rise in the social media-savvy...

A Law Student in The Stanford University Business School: From Lawyer to Entrepreneur

It is no secret today that law graduates are faced with a plethora of opportunities where their legal skills are used extensively. Working for companies and as entrepreneurs is one such area. People today go to law school with a business ambition. Combining law with other skills has always been in vogue: whether that be with MBA or CA or CS. The author of this piece describes her experience at Standford University Business School where she went during the beginning of the third year of law...

Top 100 Universities for Higher Studies in Law

The top 100 universities in the world for law, as ranked by higher education data specialists QS was released. Once again, like 2013, Harvard in the United States was ranked as the best University in terms of Academics. Oxford University, United Kingdom moved up a rank from 2013 and is now ranked the Second Best University for higher studies in Law. Cambridge University currently occupies the third rank. These are followed by Yale University and New York University.For employment opportunities...