Law Shastra

PRS | Parliament Track | Report Summaries | Cyber Crime, Cyber Security and Right to Privacy

http://www.lawyersclubindia.com/share_files/The-Management-Vs-The-Presiding-Officer-20-01-2007-Madras-HC-8987.asp

CJI debars entry of Advocate CS Nagesh in the SC premises for six months on sexual harassment complaint

Election holiday

Most of us know that the ESI provides immense benefits to employees. However, in order to ensure that those benefits reaches the employee in need, we need to know the basics of coverage and the benefits and employment injuries. This is an endeavor to compile key perspectives of laws on Employment  Injuries, as defined by the ESI Manual. Employment Injury  Employment Injury is defined in Section 2(8) of the Act as under : - “Employment Injury means a personal injury to an employee caused by an accident or an occupational disease arising out of and in the course of his employment, being an insurable employment, whether the accident occurs or the occupational disease is contracted within or outside the territorial limits of India.” This require three important aspects to be eligible for the disablement benefits/terminal benefits - - Injury should be caused by an accident or an occupational disease - Such injury/disease ought to have arising out of an din the course of empl

ITAT laments severe fall in standards of CA profession. Advices ICAI to take disciplinary proceedings against erring members & tackle issue on war footing The assessee filed appeals for AY 1994-95 & 1996-97 which were delayed by 2984 days. In support of the application for condonation of delay, the assessee claimed that his CA, M/s Rajesh Rajeev Associates, had advised him that as he had already filed an appeal for AY 1993-94 on the same point, which was pending before the Tribunal, he need not file appeals for AYs 1994-95 & 1996-97 and, instead, he could, after adjudication of the appeal for AY 1993-94 by the Tribunal, move a rectification application before the AO to bring the assessment order in conformity with the decision of the Tribunal. The CA filed an affidavit in which he confirmed having given the said advice. In the condonation application, the assessee pleaded that he ought not to be made to suffer for the “incorrect” advice given by the CA. HELD by the Tribun

The Financial Express  Posted online: Tuesday, Sep 02, 2014 at 0000 hrs Till some time back, the Employees Pension Scheme (EPS) portion of the Employees Provident Fund Organisation (EPFO) had a hole of around R50,000 crore in terms of the unfunded liability for future pensions, though a later study suggested this may be a lower R 10,000 crore. Many suggestions were made to fix this, and this included increasing the age at which the pension would accrue as well as increasing the number of people who would contribute to the EPFO and its EPS. What the government has done fixes the problem somewhat by ensuring that the pension will not be available to those new members who earn more than R15,000 per month— existing members who earn more than this will have to pay the government’s contribution of 1.13% of their basic to avail of this facility —and various other benefits have also been trimmed. But there is a larger problem that needs to be fixed. For one, if the scheme is fundamentally

Comments on : CCI imposes penalty of Rs. 2544.64 crores on car companies

Parking Rights- Permanently Parked

http://www.epfindia.com/Circulars/Y2014-15/Coord_SchemeAmendment_13637.pdf http://www.epfindia.com/Circulars/Y2014-15/Coord_SchemeAmendment_13637.pdf

The Supreme Court on Wednesday refused to recognize pending criminal cases against MPs as a disqualification for their appointment as ministers. However, the SC bench said that both the Prime Minister and chief ministers owe it to constitutional morality not to appoint persons with criminal background as ministers. The SC said it cannot read an additional disqualification for appointment of ministers other than what is provided in the Constitution. However, it said the Constitution gave such primacy to the PM that he will have to set an example of constitutional morality by not appointing such persons as ministers against whom serious criminal cases or corruption charges were pending. A five-judge constitution bench, headed by the CJI, gave its judgment on a PIL by Manoj Narula, who had sought direction against criminalization of politics. Courtesy: TOI 27th Aug 2014 "The strength or weakness of constitutional morality in contemporary India has to be understood in the light of a

In India, insurance has a deep-rooted history. It finds mention in the writings of Manu ( Manusmrithi ), Yagnavalkya ( Dharmasastra ) and Kautilya (Arthasastra ). The writings talk in terms of pooling of resources that could be re-distributed in times of calamities such as fire, floods, epidemics and famine. This was probably a pre-cursor to modern day insurance. Ancient Indian history has preserved the earliest traces of insurance in the form of marine trade loans and carriers’ contracts. Insurance in India has evolved over time heavily drawing from other countries, England in particular.    1818 saw the advent of life insurance business in India with the establishment of the Oriental Life Insurance Company in Calcutta. This Company however failed in 1834. In 1829, the Madras Equitable had begun transacting life insurance business in the Madras Presidency. 1870 saw the enactment of the British Insurance Act and in the last three decades of the nineteenth century, the Bombay Mutual

CJI seeks report from MP HC CJ in female judge sexual harassment case 12/08/2014 12.8.2014 (UNI) Chief Justice of India Justice R M Lodha has requested Madhya Pradesh High Court Chief Justice to investigate the allegations made by Gwalior female judge against the administrative judge of Gwalior bench for MP High Court. The female Gwalior additional district judge had resigned following sexual harassments and threats. MP High Court Judge had allegedly been pressurising the female judge to come to his bungalow all alone and perform a dance on an item song. She was transferred after she refused to oblige. Interestingly the victim was the chairperson of Gwalior district court sexual harassment against women committee. Justice Lodha has also requested MP High Court Chief Justice A M Khanvilkar to submit his report. UNI

13.8.2014 (UNI) With the Rajya Sabha passing it by a voice vote, Parliament cleared a Bill seeking to empower the Securities and Exchange Board of India to crackdown on fraudulent investment schemes and instil confidence among investors. The Securities Laws (Amendment) Bill, 2014, moved in the Upper House by Finance Minister Arun Jaitley, has already been passed in the Lok Sabha on August 6, 2014. Replying to a debate, the Finance Minister said the Bill would make SEBI more effective. He said a regulation in the securities market was necessary to ensure that there was a fair play in the market. Responding to members' concerns, the Minister said the power to tap telephones was not given under the Act. 'There is no power to tap telephones under the Act. The power to tap telephones falls under the purview of the Telegraph Act. The Bill was later passed by voice vote. The legislation seeks to empower and strengthen SEBI to crackdown on fraudulent investment sche

http://www.lawyerscollective.org/vulnerable-communities/sex-work/sex-work.html#more-559

TRAI - Wireless Service Provider to indicate download minimum download speed available to consumers

Mandatory Registration of FIR for Stolen Mobile Phones

Only Fire No Safety

http://www.lawyerscollective.org/publications/engaging-criminal-justice-system-guide-survivors-sexual-violence.html

Who will guard the Guardians?

NHRC to Maharashtra Government: Pay Rs.50 thousand each to two girls or face coercive process in facebook comments case

Income Tax Return of Deceased Assesse

http://www.lawyerscollective.org/news/why-have-domestic-violence-act-if-maharashtra-government-cant-enforce-it-asks-bombay-high-court.html

http://labour.nic.in/upload/uploadfiles/files/latest_update/what_new/53bd28f310124web.pdf

Berne Convention fact sheet from the UK Copyright Service.

CJI Lodha slaps Rs. 25, 000 costs on ML Sharma | Bar and Bench . PIL was evolved to take care of genuine public interest and expeditious issues and the trend is raising deep concerns - This is the right move at right stage

“If judges are effective, the Bar will be effective” - In Conversation with Senior Advocate and Former Attorney General K Parasaran| Bar & Bench

Mumbai Campa Cola ruling of SC : Are the violators punished ?

Competition Commission of South Africa v Senwes Ltd (CCT 61/11) [2012] ZACC 6; 2012 (7) BCLR 667 (CC) (12 April 2012)

Delhi Labour Department (during the short stint of Am Admi  Party in power) issued a notification mandating all contractors to publish in their website the minimum wages as notified by NCT and also payment of wages to workmen by cheque or ECS. It was reported that many Trade Unions, workmen and even the Delhi Government has reported that the Contractors are not complying with the MW Act and also not paying wages by cheque or ECS. However, while enforcing the notification are overzealous and tend to over step their jurisdiction. They have mandated that the website should contain the whole details of the employees including their address date of birth phone numbers ect. and full pay details. In my view this is not the objective and the objective to ensure payment of minimum wages, bring awareness of the notified wages and raise over all awareness. The Contract employees include women in large scale and publication of their whole personal data in a website for public view could e

Do co-operative housing societies and consumer courts

Service certificate in email

Many in the HR industry, especially in small and micro sectors gets confused with the leaves, holidays - weekly, National & Festival, and equally with respect to  the maters of absence, abstention and absconding. Having dealt with such issues for a considerable extent in the FMGC/service industry, I endeavour to consolidate my learnings and view points for the benefit of employees as well as employers. Holidays Weekly Holidays - Generally Sundays, or any other weekly closure/off/holiday declared by an establishment/industry. This should be notified to the local labour authorities annually and in case of changes, as and when the change occures. National &Festival Holidays The National & Festival Holidays Act, 1958,(Central Law) stipulates the National Holidays which are mandatory - Republic Day, Independence Day,  Gandhi Jayanthi, and in addition, the States have either modified the Act/prescribed relevant rules and also declared special Holidays to be observed

Hospitalization support for on duty accident

Brief Overview of Labour Laws in India

MUNICIPAL CORPORATION OF GREATER MUMBAI Sub.: Enforcement of Plastic Waste  (Management and Handling) Rules, 2011. Ref.: Notification of Minister of Environment Forest Deptt.,  Govt. Of India Dtd.04.02.2011.  As per Rule 10, of the Govt. of India, Ministry of Environment and Forest's Plastic Waste (Management and Handling) Rules, 2011, no carry bags shall be made available free of cost by Retailers to the Consumers. The concerned Municipal Authority is empowered to determine the minimum price for carry bags depending upon their quality and size which covers their material and waste management cost in order to encourage their re-use so as to minimize plastic waste generation. Accordingly, following directions are issued to Retailers and Consumers. 1) Minimum thickness of carry bags shall not be less that 50 microns. 2) Retailers shall not give plastic carry bags free of cost to the Consumers. 3) Consumers has liberty and is advised to bring his own carry bag. Retaile

Domestic violence Act is basically civil law: HC