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There is a school of jurisprudence called the American realist school, which says that the only real law is Judge made law, while a statute is only the raw material which a judge uses in making law. Propounders read more
The Insolvency and Bankruptcy Code (Amendment) Bill, 2021, was a bill proposing an off-the-shelf bankruptcy resolution mechanism for micro, small and medium businesses that passed the House of Representatives.The read more
The Insolvency and Bankruptcy Code (Amendment) Bill, 2021, was a bill proposing an off-the-shelf bankruptcy resolution mechanism for micro, small and medium businesses that passed the House of Representatives.
The Union Cabinet is set to consider a series of new reforms to the Bankruptcy and Bankruptcy Code (IBC) this week, with the idea of introducing legislation in the current parliament, said a person familiar with discussions within the government.
Insolvency and Bankruptcy Law: The IBBI
regulator has amended rules allowing, among other things, the sale of one or
more assets of a company in bankruptcy proceedings, improving market-based
solutions for distressed companies.
Additionally, the Committee of Creditors
(CoC) can now consider whether settlements or settlements of corporate debtors
can be considered during the liquidation stage.
The Indian Bankruptcy Board (IBBI) amended the regulations "to maximize the value of resolution" and came into force on 16th September.
By the end of June this year, up to 1,703
Corporate Insolvency Proceedings (CIRPs) had been liquidated.
In the absence of a company-wide resolution
plan, the regulator has given the resolution expert and her CoC permission to
consider the sale of one or more of the debtor's assets.
Tensioned asset markets and timed
settlements are governed by the Insolvency and Bankruptcy Code (IBC).
The amended rule states that one or more CD
(Corporate Debtor) assets must be submitted to one or more successful
settlement applications who will submit a resolution plan for those assets and
provide for the proper disposition of the remaining assets. A resolution plan
that involves selling to a third party is also permitted.
Marketing of the corporate debtor's assets may take place. This will contribute to the broader dissemination of information to a wider and more targeted audience of potential resolution applicants due to changes in IBBI rules. Gaurav Gupte, the partner at Cyril Amarchand Mangaldas, said the change will give impetus to better market-driven solutions for bankruptcy resolution.
“This change will ensure that better information about insolvent companies and their assets is provided to the market, including potential resolution applicants, promptly,” he added.
He argues that liquidation professionals
must actively seek claims from known creditors (based on the company's books)
to provide a clearer picture of debt.
Details of all claims contesting the
transaction will be provided to the Resolution Applicant before the submission
of the Resolution Plan so that the Applicant can address the plan.
"Third, the information memorandum must contain not only information about the assets but material information that will help assess its going concern status, thereby addressing critical market needs. I have to," he added. As of the end of June this year, more than 1,703 corporate insolvency proceedings (CIRPs) have ended with liquidation orders, according to the IBBI newsletter for the April-June period.
The average duration of these procedures was 428 days.
The total amount sought in these cases was Rs 8.19 lakh while the assets themselves were only worth Rs 0.59 lakh.
Introduction: Background: Article 370 of the Indian Constitution established special governance arrangements for the State of Jammu and Kashmir. Constitutional Orders 272 and 273, issued during a proclamation read more
Introduction:
Background:
Article 370 of
the Indian Constitution established special governance arrangements for the
State of Jammu and Kashmir. Constitutional Orders 272 and 273, issued during a
proclamation under Article 356(1)(b), applied the entire Indian Constitution to
the State, abrogating Article 370. Simultaneously, the Jammu and Kashmir
Reorganisation Act 2019 bifurcated the State into two Union territories,
sparking challenges to the constitutionality of these actions.
Governance
Dynamics:
The State
government, formed by a PDP-BJP alliance, collapsed in 2018, leading to the
imposition of Governor's rule under Section 92 of the Jammu and Kashmir
Constitution. Subsequently, Article 356 was invoked, promulgating President's
rule with specific declarations on the State's governance functions and
legislative powers.
Parliamentary
Approval:
The President's
rule received parliamentary approval, and on August 5, 2019, CO 272 was issued,
applying all provisions of the Indian Constitution to Jammu and Kashmir.
Parliament, acting as the State legislature, recommended the cessation of
Article 370's clauses. The Union Territory of Jammu and Kashmir and Union
Territory of Ladakh were created through the Reorganisation Act.
Operationalization:
On August 6,
2019, CO 273 under Article 370(3) rendered Article 370 inoperative.
Subsequently, the Reorganisation Act came into force on October 31, 2019,
leading to the bifurcation of Jammu and Kashmir. The jurisdiction of the
Supreme Court was invoked through Article 32 in the case of Dr. Shah Faesal v.
Union of India.
Reference and
Bench Decision:
Petitions
challenging CO 272 and CO 273 prompted a plea for reference to a larger bench
based on conflicting views in earlier cases. The Constitution Bench, while
rejecting the plea, emphasized contextual interpretation and clarified that
Prem Nath Kaul did not address the continuation of Article 370 post the
Constituent Assembly's dissolution.
ISSUES RAISED -
a. Whether the
provisions of Article 370 were temporary or acquired permanence in the
Constitution?
b. Whether the
amendment to Article 367, substituting the reference to the "Constituent
Assembly" with "Legislative Assembly" under Article 370(1)(d), is
constitutionally valid?
c. Whether the
entire Constitution of India could have been applied to the State of Jammu and
Kashmir under Article 370(1)(d)?
d. Whether the
abrogation of Article 370 by the President, without a recommendation from the
Constituent Assembly of Jammu and Kashmir as mandated by the proviso to Article
370(3), is constitutionally invalid?
e. Whether the
proclamation of the Governor, dated June 20, 2018, and the subsequent exercise
of power on November 21, 2018, to dissolve the Legislative Assembly are
constitutionally valid?
f. Whether the
Proclamation issued by the President under Article 356 on December 19, 2018,
and the subsequent extensions are constitutionally valid?
g. Whether the
Jammu and Kashmir Reorganisation Act 2019, bifurcating the State into two Union
Territories, is constitutionally valid, considering the provisos to Article 3
requiring legislative views and consent?
h. Whether,
during the tenure of a Proclamation under Article 356 and when the Legislative
Assembly is dissolved or in suspended animation, the conversion of the status
of the State of Jammu and Kashmir into a Union Territory is a valid exercise of
power under Article 1(3)(a) and Article 1(3)(b) of the Constitution?
ARGUMENTS -
PETITIONERS P.O.V-
The petitioners
challenge the Governor's Proclamation under Section 92 of the Constitution of
Jammu and Kashmir, dated 20 June 2018, on the grounds of its asserted voidness.
They assert that the requisite pre-condition, namely the Governor's
satisfaction that the State government cannot function in accordance with the
Constitution, was not met. The imposition of Governor's rule is deemed a
political maneuver intended to ultimately abrogate Article 370. Criticism is
also directed towards the successive imposition of President's rule, seen as
undermining the Section 92 scheme and constituting a fraud on the
constitutions, orchestrated by the Union Government, the Governor, and the
President for unconstitutional ends.
The President's
Proclamation under Article 356 dated 19th December 2018 is contested as void ab
initio. The petitioners argue that it lacked a basis, as the Governor's report
indicating the failure of constitutional machinery was not presented before
Parliament, thus violating procedural norms. Emphasis is placed on the
unilateral exercise of powers under Article 356 setting a dangerous precedent
that could extend to other states, undermining the federal structure.
Concerning
Article 370, the petitioners advocate for three modes of cooperation between the
Union and Jammu and Kashmir, emphasizing autonomy, consent, and asymmetric
federalism. They challenge the notion of Article 370's temporary nature,
asserting it recognizes the constituent power of the people of Jammu and
Kashmir, which ceased with the dissolution of the Constituent Assembly.
The petitioners
further argue against the constitutionality of CO 272 under Article 370(1)(d),
claiming it exceeds mere modification, improperly substitutes constitutional
provisions, and violates the state's sovereignty. They contend that the
Legislative Assembly lacked the power to give consent, and the application of
the Indian Constitution lacked proper deliberation.
Finally, the
petitioners challenge the President's concurrence in CO 272, asserting its
invalidity without a functioning State Government, violating the second proviso
to Article 370(1)(d). They argue that even if the President could exercise the
State Government's functions under Article 356, the concurrence was a
privilege, not a function, and could not be exercised by the President.
Regarding CO 273
dated 6 August 2019, the petitioners present multifaceted arguments, including
its invalidity due to the issues raised against CO 272, lack of a valid
recommendation from a competent body, and the destruction of the basis of
Article 370 by unilaterally reneging on the compact with the people of Jammu
and Kashmir.
Moving to the
Reorganization Act, the petitioners argue its unconstitutionality on various
grounds. They assert that the Presidential Proclamation under Article 356,
which suspended provisos to Article 3, was void, rendering the suspension
equally void. They contend that the Act bypassed mandatory procedures under
Article 368, violated federalism, and brought permanent changes through a temporary
suspension of Article 3, contrary to constitutional provisions.
Moreover, the
petitioners argue that the Act degrades the state into a Union Territory,
violating the principles of federalism and the qualitative difference between
state reduction and Union Territory degradation. They highlight historical and
cultural reasons for not retrograding an existing state into a Union Territory
and emphasize that Article 3 cannot be used to supplant Article 368.
The petitioners
challenge the Act's representation of the people of Jammu and Kashmir,
asserting that alterations to units should come from the people concerned, not
the Centre. They criticize the Rajya Sabha's lack of representativeness, and
stress that changes should be initiated by the people rather than the
Parliament, preserving principles of bicameralism and shared sovereignty.
RESPONDENTS P.O.V –
The Respondents
present a comprehensive argument justifying the abrogation of Article 370 and
the subsequent actions in relation to Jammu and Kashmir. They assert that the
process of constitutional integration of Jammu and Kashmir aligns with the
integration of other territories in India, emphasizing the absence of a
distinct compact between the Union of India and Jammu and Kashmir. The
Respondents highlight the President's discretionary power under Article
370(1)(d), emphasizing its unrestricted nature and its alignment with the
overall constitutional integration process.
They contend
that Article 370 was designed to aid constitutional integration, similar to
other states, and challenge the perception that its prolonged application
distorts its original purpose. The Respondents argue that the unique
considerations of border states merit distinct treatment under Article 3 and
refute the claim of infringement of asymmetrical federalism or other federal
features. Additionally, they deny any deprivation of rights related to
representative democracy, asserting that the abrogation brings residents of
Jammu and Kashmir in line with constitutional norms.
The Respondents
emphasize Article 370's temporary nature, citing historical context, drafting
history, parliamentary debates, and the gradual issuance of constitutional
orders. They argue that the expansive power granted under Article 370(1) is
inconsistent with it being a permanent provision. The abrogation of Article 370
is presented as rectifying historical inequalities and ensuring equal rights
for the residents of Jammu and Kashmir.
Moreover, the
Respondents challenge the petitioners' stance on the proviso to Article 370(3),
contending that its operation was linked to the existence of the Constituent
Assembly. They argue that the President's unfettered power under Article 370(3)
persists, even without a recommendation from the Constituent Assembly. The Respondents
stress that Parliament's involvement in the decision-making process is
necessary for democratic representation, especially during emergencies.
Addressing the
Reorganisation Act, the Respondents argue that Article 3 provides plenary
powers to Parliament, including the conversion of a state into two Union
territories. They assert that the sufficiency of material for such decisions is
beyond the scope of judicial review. The Respondents contend that the actions
taken are in line with the intentions of the Constitution's framers and
safeguard the principles of federalism.
The Respondents
challenge the significance of the State Constitution, asserting that it was
dependent on the Constitution of India and did not establish full sovereignty.
They argue that the power of the President under Article 370(3) implies the
repeal of conflicting documents, ensuring the supremacy of the Constitution of
India. The Respondents present Article 35-A as exceeding the scope of Article
370(1)(d), impacting fundamental rights, and conflicting with the
constitutional scheme.
FINDINGS OF
JUDGEMENT/ ANALYSIS
The court makes an
comprehensive analysis of the historical and constitutional aspects surrounding
the accession of Jammu & Kashmir to India. The region, known as Kashmir or
Kas’mira, boasts a rich cultural history, marked by influences from various
civilizations and religions, including Hinduism and Islam. The political entity
of Jammu & Kashmir was established through treaties and conquests,
ultimately leading to Maharaja Hari Singh's accession to India in 1947 amid
complex circumstances, including tribal invasion and the Instrument of
Accession (IoA).
The IoA, executed on
October 26, 1947, outlined the terms of accession, with specific conditions
accepted by Lord Mountbatten. This paved the way for the introduction of
Article 370 in the Indian Constitution on October 17, 1949, reflecting the
unique status of Jammu & Kashmir. Drafted by Gopalaswami Ayyangar in
consultation with Sheikh Abdullah, Article 370 granted autonomy to the state,
limiting legislative powers to the Indian Parliament on specified matters.
The Constituent
Assembly of the State of Jammu & Kashmir played a crucial role in accepting
the new Constitution of India on November 25, 1949, making Article 370 an integral
part of the Constitution. The subsequent constitutional developments, including
constitutional orders such as C.O. 10 and C.O. 48, specified the extent of
constitutional provisions applicable to Jammu & Kashmir. The state also
adopted its constitution in 1957, emphasizing its integral part of the Union
with special provisions.
The relationship
between Jammu & Kashmir and the Union underwent further changes, marked by
events such as the Delhi Agreement of 1952, the dismissal of Sheikh Abdullah in
1953, and the introduction of Article 356 in 1964. The political landscape
witnessed the Kashmir Accord of 1975, affirming the applicability of Article
370 and the retention of residuary powers by the state.
The historical and
legal narrative presented outlines the complex developments in the relationship
between Jammu & Kashmir and the Union of India, involving instruments of
accession, constitutional provisions, and political agreements. The political
history of Jammu & Kashmir is characterized by periods of stability and
upheaval, with the 1980s witnessing increased fundamentalism and the mass
exodus of the Kashmiri Pandit community.
The legal context of
the current situation involves events leading up to the August 2019
parliamentary enactments. The reorganization of Jammu & Kashmir into two
Union Territories on August 5, 2019, accompanied by resolutions in both houses
of Parliament, is challenged for its constitutional validity. The petitioners
argue that Article 370 was effectively emasculated without formal abolition
through a constitutional amendment.
A series of writ
petitions challenge various state actions, with oral submissions covering
historical and constitutional aspects. The debates revolve around the perceived
permanence of Article 370, legislative power, and the conditional nature of the
President's power under Article 370(3). The legal arguments also address the
alleged incompetence and mala fide nature of executive orders, emphasizing
constitutional values, democracy, and federalism.
The core issue centers
on altering the state's status to a Union Territory, with arguments questioning
the constitutionality of such actions. The respondents present a constitutional
defense, asserting that the integration of Jammu & Kashmir into the Union
was complete, leaving no vestige of separate sovereignty. They argue that
Article 370 never intended to be permanent and was a mechanism for gradual
alignment with the rest of the country.
FINAL JUDMENT UPHELD-
The court, having
conducted a comprehensive analysis, delivers a nuanced judgment on the
constitutional changes in Jammu & Kashmir. The court affirms the
constitutional validity of certain actions while subjecting others to scrutiny.
It acknowledges the unique circumstances surrounding Jammu & Kashmir's integration
into India, recognizing the legality of the Instrument of Accession and
subsequent developments. The court underscores the temporary nature of Article
370, emphasizing its role as a transitional provision facilitating the gradual
alignment of the state with the rest of the country.
In particular, the
court scrutinizes Constitutional Order 272 (C.O. 272) issued on August 5, 2019,
which extended the entire Indian Constitution to Jammu and Kashmir. While
acknowledging the President's power under Article 370(3), the court deems the
modification under C.O. 272, especially the addition of Article 367(4)(d), an
improper amendment of Article 370(3). The court rejects arguments necessitating
concurrence from the state government, asserting the President's unilateral
authority to de-operationalize Article 370 after the Constituent Assembly's
dissolution.
In addressing the
constitutional defense presented by the respondents, the court acknowledges the
completion of Jammu & Kashmir's integration into the Union. It highlights
the transient nature of Article 370, asserting that its intention was never
permanence but a gradual alignment with the rest of the country. The court
interprets Article 370(3) as a 'safety valve,' allowing the President to act
when the anticipated political compromise in Article 370(1) fails.
The court also examines
the constitutionality of the Reorganization Act, upholding Parliament's
authority under Article 3 to alter or extinguish a State. It addresses the
suspension of the first proviso to Article 3 during President's rule, deeming
it permissible in the absence of a functioning state legislature.
Introduction: Gratuity, a token of appreciation from employers to employees for dedicated service, is a crucial aspect of employment benefits. Governed by the Payment of Gratuity Act, 1972, this mandatory read more
Introduction:
Gratuity, a token of
appreciation from employers to employees for dedicated service, is a crucial
aspect of employment benefits. Governed by the Payment of Gratuity Act, 1972,
this mandatory benefit is designed to acknowledge and reward employees who have
contributed significantly to an organization. However, instances of employers
refusing gratuity payment can lead to considerable challenges for employees.
Understanding the
Regulations:
The Payment of Gratuity
Act, 1972, stipulates that an employee completing five years of continuous
service becomes eligible for gratuity. The computation involves 15 days of
wages for each completed year of service, with a maximum limit of Rs 20 lakh.
To address non-payment, employees must navigate these regulations effectively.
Amicable Resolution
Attempts:
When faced with an
employer refusing gratuity obligations, employees are advised to take a
diplomatic approach. Drafting a letter to the employer, emphasizing
entitlements under the Payment of Gratuity Act, 1972, and requesting prompt
payment is the initial step. Seeking assistance from the human resources or
accounts department can facilitate an amicable resolution.
Lodging a Complaint
with the Controlling Authority:
If amicable efforts
prove unsuccessful, filing a complaint with the controlling authority specified
in the Payment of Gratuity Act, 1972 becomes necessary. This
government-appointed authority addresses gratuity-related grievances. Employees
can submit an online complaint through http://pgportal.gov.in within 90 days of
the gratuity becoming due, accompanied by Form I and supporting documents.
Recourse to the Labor
Court:
If the controlling authority's intervention fails, employees can escalate the matter to the labor court. As a judicial body overseeing employer-employee disputes, the labor court requires the filing of a formal complaint. Active participation in subsequent hearings is essential for pursuing a resolution.
Essential for availing
of gratuity
1. Gratuity
Availability in Both Sectors:
- Yes, in India, every employer in the public
and private sectors is mandated to pay gratuity if the employee has completed
five continuous years of work.
2. Law
Protecting the Right to Gratuity:
- The Payment of Gratuity Act, 1972 ensures
the statutory right to gratuity. It is applicable to various establishments
with at least ten employees.
3. Death Before
Completion of 5 Years:
- In the case of an employee's death,
gratuity is still payable. The nominee or legal heirs will receive the
gratuity, and the 5-year service requirement is waived.
4. Timeline for
Gratuity Payment:
- Employers have 30 days post-resignation,
retirement, or termination to pay gratuity. Employees can apply within this
period, and interest accrues after 30 days.
5. Non-Payment
Reporting:
- Section 3 of the Payment of Gratuity Act
designates a controlling authority to arbitrate disputes. Both parties receive
a notice, and non-compliance can lead to prosecution.
6. Punishment
for Employer Refusal:
- Section 9 allows penalties, including
imprisonment for up to 6 months (extendable to 2 years) for employers refusing
to pay gratuity. False statements may result in a similar penalty.
7. Gratuity
Insurance:
- Section 4(A) mandates organizations to
secure gratuity insurance, ensuring sufficient funds for gratuity payment. The
central government's notifications govern the applicability of this provision.
8. Payment of
Gratuity After Death:
- Legal heirs can receive gratuity after an employee's death. Exemptions and taxation rules, as per the Income Tax Act, apply.
Connect with an expert lawyer for your legal issue
Conclusion:
Understanding and
asserting rights related to gratuity is essential for employees. The Payment of
Gratuity Act, 1972, serves as a safeguard, and employees should be proactive in
navigating its provisions to ensure timely and rightful gratuity payments. In
cases of non-compliance, the legal avenues provided by the act offer recourse
for employees seeking resolution and justice.
Introduction: In recent years, India has witnessed a growing recognition of transgender rights, marking a significant shift towards inclusivity and equality. The legal landscape has evolved to acknowledge read more
Introduction:
In recent years, India
has witnessed a growing recognition of transgender rights, marking a
significant shift towards inclusivity and equality. The legal landscape has
evolved to acknowledge the rights and identities of transgender individuals,
but challenges persist. This article explores the rights of transgender
individuals in India, shedding light on the legal framework, societal
attitudes, and the ongoing journey towards true equality.
Legal Framework:
The cornerstone of
transgender rights in India lies in the landmark Supreme Court judgment of 2014
in the case of National Legal Services Authority (NALSA) vs. Union of India.
The court recognized transgender individuals as a third gender and affirmed
their right to self-identify their gender. This judgment was a pivotal moment,
providing legal recognition and protection to a marginalized community.
· Right
to Self-Identification:
One of the fundamental
rights granted to transgender individuals in India is the right to
self-identify their gender. This allows individuals to choose their gender
identity, irrespective of the sex assigned to them at birth. This
acknowledgment is crucial in affirming the dignity and autonomy of transgender
individuals.
· Anti-Discrimination
Laws:
To combat
discrimination, various legal provisions have been enacted. The Transgender
Persons (Protection of Rights) Act, 2019 prohibits discrimination against
transgender individuals in areas such as education, employment, healthcare, and
housing. Any form of harassment or unfair treatment based on gender identity is
now explicitly forbidden.
· Reservation
and Welfare Measures:
Recognizing the
historical disadvantages faced by transgender individuals, the Indian
government has taken steps to ensure their representation and inclusion.
Several states have introduced reservation policies in educational institutions
and government jobs. Additionally, welfare measures, including skill
development programs, have been initiated to empower the transgender community
economically.
· Healthcare
Rights:
Access to healthcare is
a fundamental right, and efforts have been made to ensure transgender
individuals receive inclusive and sensitive medical care. The Transgender
Persons Act mandates the provision of gender-affirming healthcare services,
including hormone therapy and gender confirmation surgeries, without
discrimination.
Therefore, India has made commendable progress in recognizing and safeguarding the rights of transgender individuals. The legal framework provides a foundation for equality, but societal attitudes and implementation hurdles pose ongoing challenges. Continued advocacy, education, and a commitment to inclusivity are essential for creating a society where transgender individuals can live with dignity, free from discrimination. As India navigates the path towards true equality, the collective effort of citizens, policymakers, and activists is paramount.
For
more specific legal advice on remedies against wrongful termination, consult with
an expert at SoOLEGAL via info@soolegal.com or +91
9810929455.
Child marriage, deeply ingrained in Indian society, perpetuates a cycle where females under 18 and males under 21 are wed, primarily prevalent in rural areas. Influenced by factors such as illiteracy, read more
Child
marriage, deeply ingrained in Indian society, perpetuates a cycle where females
under 18 and males under 21 are wed, primarily prevalent in rural areas.
Influenced by factors such as illiteracy, poverty, and ingrained social
customs, this practice contributes to adverse health outcomes for young brides,
amplifying gender inequality.
Evolution
of Legislation
The
historical backdrop reveals the British government's initial attempt with the
Child Marriage Restraint Act in 1929. However, its ineffectiveness, marked by
the absence of voiding marriages and mild penalties, prompted the enactment of
the more robust Prohibition of Child Marriage Act in 2006. This legislation
introduces stringent punishments, including imprisonment and fines, and renders
child marriages voidable at the parties' discretion, with specific conditions
for voidance.
Inconsistencies
Across Personal Laws
Despite
the advancements in the Prohibition of Child Marriage Act, disparities persist
across personal laws in India:
1.
Hindu Marriage Act, 1956: Focused on penalizing parties, it overlooks
penalties for parents or solemnizers. The ability for a girl to annul a
marriage is contingent on being married before 15 and challenging it before
turning 18.
2.
Muslim Personal Law: Unregulated by codified law, it
permits child marriages and offers the 'option of puberty' for annulment before
turning 18 if unconsummated.
3.
Indian Christian Marriage Act (ICMA): Requires a preliminary
notice for minor marriages, after which the union can proceed without guardian
consent.
4.
Other Personal Laws: Disparate provisions exist, such as the
Parsi Marriage and Divorce Act deeming child marriages invalid, and uncodified
Jewish law setting the marriageable age at puberty (12 years).
Judicial
Trends and Legislative Revisions
Legal
decisions on the supremacy of secular law versus personal laws remain varied.
While some high courts, such as Delhi and Karnataka, uphold the dominance of
the Prohibition of Child Marriage Act, the Gujarat High Court leans toward
preserving personal laws. This inconsistency necessitates a decisive Supreme
Court judgment to eliminate ambiguity.
Proposed
Legislative Amendments
The
recently introduced Prohibition of Child Marriage (Amendment) Bill, 2021 seeks
to further address the issue. Notably, it aims to raise the minimum age for
females to 21, aligning with the age for males. This legislative initiative
acknowledges the need for evolution in combating child marriage, and its review
by the Standing Committee on Education, Women, Children, Youth, and Sports is a
critical step towards its potential enactment.
Challenges
and Recommendations
Implementation
challenges persist despite existing legislation. NFHS-5 data indicates a high
prevalence of underage marriages, and the detection rate remains low. The
proposed amendments raise questions about potential disparities between the age
of majority and marriage.
Recommendations
from various committees and conventions, including the UNICEF and Parliamentary
Standing Committee, emphasize the need for cultural acceptance. Striking a
balance between legal reforms and societal support is crucial for effective
prevention.
Conclusion
While
legislation is a vital tool in combatting child marriage, it must work in tandem
with societal awareness and support. The legal landscape, marked by
advancements in the Prohibition of Child Marriage Act and proposed amendments,
reflects a commitment to eradicating this deeply rooted issue. Achieving a
comprehensive solution requires continual legislative evolution, bridging gaps
in personal laws, and fostering societal change. The path forward involves not
only legal reforms but also sustained efforts to transform societal attitudes,
ultimately breaking the shackles of child marriage in India.
In thе vast landscapе of intеrnational tradе, whеrе divеrsе culturеs, lеgal systеms, and еconomic intеrеsts intеrsеct, conflicts arе an inеvitablе rеality. Commodity arbitration read more
In thе vast landscapе of
intеrnational tradе, whеrе divеrsе
culturеs, lеgal systеms, and еconomic intеrеsts intеrsеct, conflicts arе an inеvitablе rеality. Commodity arbitration еmеrgеs as a pivotal
mеchanism for disputе rеsolution,
playing a vital rolе in еnsuring thе smooth flow of goods across
bordеrs. This articlе еxplorеs thе
intricaciеs of commodity arbitration in thе intеrnational sеtup, highlighting its significancе and impact on
global tradе. Commodity arbitration sеrvеs as a spеcializеd form of altеrnativе
disputе rеsolution tailorеd to thе uniquе challеngеs of trading commoditiеs on
thе intеrnational stagе. Unlikе
traditional litigation, which oftеn
involvеs lеngthy court procееdings,
arbitration providеs a morе еxpеdiеnt and flеxiblе mеans of rеsolving
conflicts.
1. Intеrnational Rеcognition:
Commodity arbitration opеratеs
within a framеwork of intеrnational rеcognition. Lеading institutions such as thе
Intеrnational Chambеr of Commеrcе (ICC) and thе Unitеd Nations Commission on
Intеrnational Tradе Law (UNCITRAL) providе guidеlinеs and rulеs for partiеs
еngagеd in cross-bordеr transactions to rеsolvе thеir disputеs through
arbitration. This rеcognition еnsurеs a
standardizеd and widеly accеptеd approach to disputе rеsolution in thе global
markеtplacе.
2. Nеutrality and Impartiality:
Thе appointmеnt of nеutral and
impartial arbitrators is a fundamеntal aspеct of commodity arbitration. Thеsе arbitrators, oftеn еxpеrts in both lеgal and tеchnical
aspеcts of thе commoditiеs in quеstion,
еnsurе that dеcisions arе madе without bias or favoritism. This commitmеnt to fairnеss еnhancеs thе
crеdibility of thе arbitration procеss and instills confidеncе in thе partiеs
involvеd.
Confidеntiality:
In thе rеalm of commodity trading, whеrе sеnsitivе businеss information is oftеn at stakе, confidеntiality is paramount. Commodity arbitration providеs a discrееt forum for disputе rеsolution, safеguarding thе propriеtary information of thе partiеs involvеd. This confidеntiality еncouragеs opеn communication and facilitatеs a morе candid еxchangе of information during thе arbitration lawyer procеss.
4. Flеxibility and Efficiеncy:
Thе flеxibility offеrеd by
commodity arbitration is a significant advantagе in thе dynamic world of
intеrnational tradе. Partiеs havе thе
autonomy to customizе thе arbitration procеss to suit thеir spеcific nееds, including thе sеlеction of arbitrators, thе languagе of procееdings, and thе timеlinе for rеsolution. This flеxibility contributеs to thе
еfficiеncy of thе procеss, allowing for
a quickеr and morе tailorеd rеsolution comparеd to traditional litigation.
Introduction In specific instances, the dynamic between a landlord and tenant may deviate, leading the landlord to seek lawful possession of the rented property. Rent laws in India generally lean towards read more
Introduction
In specific instances,
the dynamic between a landlord and tenant may deviate, leading the landlord to
seek lawful possession of the rented property. Rent laws in India generally lean
towards safeguarding tenants, but The Haryana Urban (Control of Rent and
Eviction) Act, 1973 (referred to as "The Act") provides legal avenues
for landlords to pursue eviction.
Grounds of Eviction
Section -13(2)(i) Arrears of rent
The tenant may be ejected from the
premises where the rent due to him has not been paid or tendered by him within
fifteen days of the expiry of the time fixed in the tenancy agreement with his
landlord or in the absence of any such agreement by the last day of the month
following that for which the rent is due.
Supreme court in the case, Ladu
Ram v. Ganesh Lal, 1999(2) RCR 220 (SC) states that the landlord must allege and prove three
requirements, namely:
1. the
tenant is in arrears of rent
2. such
arrears of rent have been due for more than six months
3. the
tenant has failed to pay the landlord such arrears of rent.
With the exception of these
requirements, there is no other legal requirement that a landlord should plead
and prove to obtain an eviction decree.
Section-13(2)(ii)(a) Sub-letting
Where after the commencement of this
Act, the tenant has without the written consent of the landlord, transferred
his right under the lease or sublets the entire building or rented land or any
portion thereof, he shall be liable for ejection.
The initial onus of proving
subletting lies with the landlord, but when a third person is in possession, it
must not be inferred that this is a subletting case.
In the case of Associated Hotels
of India Ltd., Delhi v. S.B.Sardar Ranjit Singh AIR 1968 SC 933,
the Supreme Court held that when eviction on the ground of subletting is
sought, it is the landlord's responsibility to prove subletting. Therefore, it
was held that if the landlord prima facie demonstrates that the third party is
solely in possession of the premises for valuable consideration, it would then
be for the tenant to rebut the evidence.
Section-13(2)(ii)(b) Change of user
On analyzing this clause, it seems
plain that the pride of place for its interpretation must first obviously go to "used
the building or rented land for a purpose other than that for which it was
leased.”
In Mehta Baldev Dutt v. Puran Singh (1980) 1 Ren CR 130, it was
held that where premises were originally leased for a specific purpose, any subsequent
use thereof that is part of, or ancillary to, the aforementioned purpose would
not amount to a user change within the meaning of S. 13 (2) (ii) (b) of the
act.
The Hon'ble Supreme Court in Bharat
Lal Baranwal v. Virendra Kumar Aggarwal 2003(1) Rent Control
Reporter 178 said that when the premises were let out for selling
copies and books, the installation of printing press amounted to change of
user.
Section- 13(2)(iii) Material
impairment
Material impairment is intended to change
the substantial nature of the building's form and character.
"A landlord, in order to be
entitled to the grant of permission to terminate the tenancy, is required not
only to prove an act of waste on the part of the tenant but also to prove that
the said act is likely to impair materially the value or the utility of the
house," Smt. Savitri Devi v. U.S. Bajpai AIR 1956 Nagpur 60 and Charan Singh v. Shrimati Ananthi &
others (1966) 6 PLR 780 .
"Mere
construction of a false roof which is only wooden or the setting of a wooden
stair or making of a few holes in the roof for letting out the smoke from the
hotel, cannot be held to be such material alterations which may result in
changing the character or nature of the premises." Shri Anup Chand & others v. Shri Trilok
Singh (1977) I RCJ 752.
Section- 13(2)(iv) Nuisance
In the case Dr.Lakhi Ram
v. Girdhari Lal and another, 2006(1) L.A.R. 417 (P&H), Shop
was initially given on rent for running a clinic. Petitioner set up a PCO / STD
booth on the road, many customers started to visit the same booth, which has
resulted into causing nuisance to the landlords. Hence tenant is liable to
eviction.
Section- 13(2)(v) Cease to occupy
In the case Ram Lok v.
Tarloki Nath, 2000(2) PLR 713, the premises of the suit were locked up for a year and two months. The
occupant had not only surrendered his sales tax number, which is a clear
indication that he does not do business. To crown it all, the tenant, who
claims to be doing business at the suit premises, has not produced any account
book document to show that any business was actually transacted from the suit
premises. These findings clearly show that the petitioner had been proven not
to be carrying on any business in the suit property and, in fact, had ceased to
occupy the premises for the relevant period. Eviction order is upheld.
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Last evening the #ICRCRegionalDelegation, New Delhi had organized a very significant program at the India Habitat Centre, New Delhi. The occasion was the launch of a title, "How #InternationalHumanitarianLaw read more
Transformation of Indo-US RelationsIn this video, Lalit Mansingh points to the historical path of Indo US relations from the Cold War to the recent proclamation of Comprehensive Strategic Global Partnership. read more
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Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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