It is an one pager for landmark judgments on bonded labour, child labour, Human trafficking cases.
This compilation contains the judgments on every aspect of bonded labour, identification, rehabilitation, responsibilities of departments etc.
MALAYSIAN LEGAL SYSTEM Administration of justice intro civil jurisdictionxareejx
This document outlines the court system in Malaysia. It discusses the hierarchy and jurisdiction of the different courts, including the subordinate courts (sessions court and magistrates court), the high courts, court of appeal, and federal court. It also discusses some of the laws governing the courts, such as the Courts of Judicature Act 1964, Subordinate Courts Act 1948, and Child Act 2001. Key details provided include the jurisdiction and powers of each court level, as well as rules around appeals.
This case involved a bus accident where the front tires burst, causing the bus to veer off the road and overturn in a canal. Some passengers escaped but 4 were trapped, including Juan Bataclan. Rescuers arrived with a torch and the overturned bus caught fire, killing the trapped passengers. Bataclan's widow sued the bus company. The Supreme Court ruled the bus company was liable, finding the proximate cause of death was the bus overturning, not the fire, as the fire was a natural consequence of the accident and rescue attempt. The Court held the bus driver was negligent for speeding, which caused the loss of control after the tire burst.
The Federal Constitution of Malaysia has several distinctive features:
First, it declares Islam as the religion of the federation but clarifies that Malaysia remains a secular state. Islamic law only applies to Muslims, and Islamic matters are supervised by state authorities.
Second, it gives special privileges to the Malay race and indigenous peoples of Sabah and Sarawak, who make up the majority of citizens, regarding public services, education and business permits to maintain equality.
Third, it establishes Malay as the national language but does not prohibit the use of other languages. While the national language is used in official capacities, other languages can be used for non-official purposes.
The document discusses security dealings under Malaysian law. It defines a security dealing as a transaction created to secure the repayment of a loan, with elements of a loan and security over real property. Land is commonly used as security due to its permanence and value. If the borrower defaults, the lender can recover the money by selling the land. The National Land Code 1965 recognizes charges and liens as security dealings. For a charge to be valid, it must satisfy requirements such as using the prescribed statutory form, registration, and securing repayment of a debt. Unregistered charges may still be enforced through equitable or statutory remedies.
In this presentation, I discuss the concept of wills, types, and capacity to make wills. I conclude on the formalities of writing a will and how to alter a will. I make references to the Wills Act 1971, Act 360
This document summarizes company law regarding meetings in Malaysia. It discusses the different types of meetings like statutory meetings, annual general meetings, and extraordinary general meetings. It covers topics like notice requirements, quorum, proxies, resolutions, and post-meeting lodgement obligations. Key points include that statutory meetings must be held within 3 months of incorporation, AGMs within 18 months of incorporation and then annually, and EGMs can be called by directors or members. Special resolutions require 21 days notice and 75% of votes, while ordinary resolutions only need 14 days notice and a simple majority.
The document discusses the priority of registered charges on land under the National Land Code of Malaysia. It states that subsequent charges can be created and registered. Priority is given to the first charge registered in time. The priority of registered charges can be altered through agreement by consolidation, tacking, or postponement of charges. Consolidation involves combining multiple charges on the same land into one, tacking allows further loan advances to take priority, and postponement changes the order of priority between charges. Specific procedures and conditions outlined in the National Land Code must be followed to validly consolidate, tack, or postpone charges.
MALAYSIAN LEGAL SYSTEM Administration of justice intro civil jurisdictionxareejx
This document outlines the court system in Malaysia. It discusses the hierarchy and jurisdiction of the different courts, including the subordinate courts (sessions court and magistrates court), the high courts, court of appeal, and federal court. It also discusses some of the laws governing the courts, such as the Courts of Judicature Act 1964, Subordinate Courts Act 1948, and Child Act 2001. Key details provided include the jurisdiction and powers of each court level, as well as rules around appeals.
This case involved a bus accident where the front tires burst, causing the bus to veer off the road and overturn in a canal. Some passengers escaped but 4 were trapped, including Juan Bataclan. Rescuers arrived with a torch and the overturned bus caught fire, killing the trapped passengers. Bataclan's widow sued the bus company. The Supreme Court ruled the bus company was liable, finding the proximate cause of death was the bus overturning, not the fire, as the fire was a natural consequence of the accident and rescue attempt. The Court held the bus driver was negligent for speeding, which caused the loss of control after the tire burst.
The Federal Constitution of Malaysia has several distinctive features:
First, it declares Islam as the religion of the federation but clarifies that Malaysia remains a secular state. Islamic law only applies to Muslims, and Islamic matters are supervised by state authorities.
Second, it gives special privileges to the Malay race and indigenous peoples of Sabah and Sarawak, who make up the majority of citizens, regarding public services, education and business permits to maintain equality.
Third, it establishes Malay as the national language but does not prohibit the use of other languages. While the national language is used in official capacities, other languages can be used for non-official purposes.
The document discusses security dealings under Malaysian law. It defines a security dealing as a transaction created to secure the repayment of a loan, with elements of a loan and security over real property. Land is commonly used as security due to its permanence and value. If the borrower defaults, the lender can recover the money by selling the land. The National Land Code 1965 recognizes charges and liens as security dealings. For a charge to be valid, it must satisfy requirements such as using the prescribed statutory form, registration, and securing repayment of a debt. Unregistered charges may still be enforced through equitable or statutory remedies.
In this presentation, I discuss the concept of wills, types, and capacity to make wills. I conclude on the formalities of writing a will and how to alter a will. I make references to the Wills Act 1971, Act 360
This document summarizes company law regarding meetings in Malaysia. It discusses the different types of meetings like statutory meetings, annual general meetings, and extraordinary general meetings. It covers topics like notice requirements, quorum, proxies, resolutions, and post-meeting lodgement obligations. Key points include that statutory meetings must be held within 3 months of incorporation, AGMs within 18 months of incorporation and then annually, and EGMs can be called by directors or members. Special resolutions require 21 days notice and 75% of votes, while ordinary resolutions only need 14 days notice and a simple majority.
The document discusses the priority of registered charges on land under the National Land Code of Malaysia. It states that subsequent charges can be created and registered. Priority is given to the first charge registered in time. The priority of registered charges can be altered through agreement by consolidation, tacking, or postponement of charges. Consolidation involves combining multiple charges on the same land into one, tacking allows further loan advances to take priority, and postponement changes the order of priority between charges. Specific procedures and conditions outlined in the National Land Code must be followed to validly consolidate, tack, or postpone charges.
This document discusses different types of company meetings under corporate law. It defines key meeting types like the annual general meeting (AGM), extraordinary general meeting (EGM), class meetings, and meetings called by members or court order. It outlines requirements for convening different meetings, such as who has authority to call them, notice periods, and quorum rules. Exceptions allow one person to constitute a meeting in certain circumstances, like if they are the sole shareholder of a class of shares. The document also provides case examples relating to issues like convening meetings when a quorum cannot be reached.
MALAYSIAN LEGAL SYSTEM Sources of law – islamic lawxareejx
- Islam was introduced to Malacca in the 15th century during the reign of Sultan Parameswara.
- The first written code of laws for Malacca was the Hukum Kanun Melaka, prepared in the 15th century during the reign of Sultan Muzaffar Shah, which contained 18 chapters with Islamic elements dealing with issues like marriage and commerce.
- Subsequent sultanates like Johor produced their own codes modeled after Hukum Kanun Melaka, integrating more aspects of Islamic law.
The role of judges differs depending on the court. Magistrates court judges focus on determining facts by weighing witness testimony, applying established law to the facts. They have little ability to develop or change law. Higher courts like the High Court focus more on questions of law, developing legal principles, and have more freedom to change law. While lower courts focus on facts, higher courts rely on lower courts' fact findings and focus on applying law.
This document discusses burden and standard of proof in law of evidence. It defines burden of proof as the obligation to provide sufficient evidence to support one's case, and distinguishes between burden of establishing a case and evidential burden of introducing evidence. The standard of proof refers to the degree of probability required to discharge the burden. For criminal cases, the standard is proof beyond reasonable doubt, while for civil cases it is on a balance of probabilities. The more serious the allegation, the higher the standard of proof required.
The document summarizes key aspects of the Limited Liability Partnership Act of 2008 in India. It discusses the recommendations that led to the legislation, key provisions of the Act regarding formation of LLPs, roles and liabilities of partners, governance and accounting requirements, conversion of firms and companies to LLPs, and provisions for winding up or dissolving an LLP. The Act aims to provide a flexible business structure with liability protection for small and large enterprises alike.
The document discusses theories of adjudication, specifically examining two approaches: the descriptive dimension which looks at how judges actually decide cases, and the normative dimension which focuses on how judges ought to decide cases. It covers American legal realists like Oliver Wendell Holmes who argued that law is defined by what courts actually do rather than theories or principles. Realists believe judges are influenced by numerous factors beyond just legal rules. The document also discusses legal scholars like Llewellyn, Frank, and Cardozo and their views on judicial discretion, precedent, and a judge's role in lawmaking.
The document provides a sample exam with multiple choice questions testing knowledge of contract law and sale of goods ordinance concepts. It includes 15 questions related to topics like contract formation, capacity to contract, implied conditions in contracts of sale, duties of buyers/sellers, and intellectual property law. The questions require identifying the most accurate answer from several options provided in the answer booklet.
MALAYSIAN LEGAL SYSTEM Sources of law customary lawxareejx
The document discusses customary law in Malaysia, including Malay customary law, Chinese customary law, Hindu customary law, and the customary laws of the indigenous peoples. It provides details on various types of Malay customary laws such as Adat Perpatih and Adat Temenggong. It also discusses how the courts have recognized Chinese and Hindu customary laws in areas like family law and inheritance. The document outlines key cases that have helped shape understanding of customary laws in Malaysia.
Intricacies involved in the Child Custody and Guardianship in Hindus, Muslims, Christians and parsis residing in India. Under which circumstances Court can order Custody of a Child to any parent and Gaurdianship of a Child.
This a presentation on the child custody legal framework in Liberia. It includes both elements of the Statute (Domestic Relations Law) and Supreme Court Opinions.
Prisoners Rights - Legal Aid & Prison ReformsNaveen Bhartiya
This document summarizes prisoner's rights initiatives and legal aid services provided in Delhi prisons. It discusses the assignment of remand advocates, benefits provided under bail laws, legal clinics in jails run by Delhi State Legal Services Authority, jail visiting advocates, legal awareness programs, e-kiosks providing case status, a prison management system, monitoring committees, inspection of jails and observation homes, rights of convicts, the role of DSLSA, filing of appeals, a proposed case compendium, grievance processes, access to legal aid, human rights issues, adoption of jails and homes, benefits of programs, identifying juveniles, monitoring bail orders, ensuring timely filing of appeals, a child welfare scheme, and data on
This document summarizes the key points around sales tax registration in Pakistan. It discusses who is required to register, the registration procedures, requirements for compulsory registration, procedures for changes in registration details, transfer of registration, and cancellation of multiple registrations. The key entities required to register are manufacturers, retailers, importers, wholesalers/distributors, and commercial exporters. Registration is obtained by applying online through the central registration office.
A basic guide to property law. Since this is based on common law and applies to the law of the land - please check your state property statutes for modern codes. This is intended for law students and builds a foundation for the law of property law - each states laws vary. Thank you!
This document summarizes key aspects of partnership law regarding when the acts of a partner can bind their other partners to outsiders. It discusses the four requirements under Section 7 of the Partnership Act for a partner's actions to bind the firm: 1) the act was by a partner 2) was within the scope of the firm's business 3) was conducted in the usual way and 4) the outsider knew or believed the person was a partner. The document analyzes several cases that further illustrate these requirements, such as when investment advice could be considered within a firm's usual business activities.
To qualify as a tax resident in Malaysia, an individual must be physically present for a minimum of 182 days in a calendar year. This 182 days can be a single period within the year or over multiple periods within 3 years, with allowed temporary absences such as for conferences, illness, or brief social visits. Residency can also be determined over 3 consecutive years, with at least 90 days of presence in each of the 3 preceding years. Benefits of resident status include lower personal tax rates, eligibility for personal reliefs and rebates, and certain income exemptions.
The case involved Lina Joy, a Muslim woman who wished to convert to Christianity. She sought to change her name and remove 'Islam' from her identity card without obtaining a certificate from the Shariah court declaring that she had renounced Islam. The courts dismissed her application, ruling that as a Muslim she was subject to Shariah laws on apostasy and the finality of her decision to convert was within the jurisdiction of the Shariah court, not civil courts. The ruling affirmed that while freedom of religion is protected, Muslims must follow Shariah procedures for converting out of Islam which requires renunciation to be determined by the Shariah court.
This document discusses several cases related to jurisdiction, docket fees, and causes of action in civil procedure.
1. It establishes rules for determining jurisdiction based on the nature of the principal action in the complaint. If the primary relief sought is monetary recovery, jurisdiction depends on the amount. However, if monetary claims are incidental to other relief, jurisdiction is with regional trial courts.
2. Jurisdiction is also determined by the allegations in the complaint, not defenses in the answer. Exceptions exist if defenses prove another real issue like tenancy that belongs in a different court.
3. Parties must pay the full docket fee for a case to be filed. Exceptions allow payment within a reasonable period if
This document summarizes the law on charitable trusts in the UK. It discusses the four principal categories of charitable purposes as defined by Lord MacNaughten: 1) relief of poverty, 2) advancement of education, 3) advancement of religion, and 4) other purposes beneficial to the community. It provides detailed explanations and case examples for each category. For relief of poverty, it discusses what constitutes poverty, public benefit requirements, and cases related to aged, impotent, poor persons. For advancement of education, it examines what activities fall under education like research, art, extracurricular activities, and public benefit. For advancement of religion, it analyzes definitions of religion, requirements for public benefit, and cases related to various religions
Matter of Setting up a Tribunal to Pay Compensation to Child Victims of Sexua...Nilendra Kumar
This presentation examines the feasibility of setting up a Tribunal to pay compensation to victims of sex crimes. The scope of extending this solace is unavailable under the existing constitutional scheme.
Prisons' Right, Volume 2
Published by Human Rights Law Network(HRLN), a division of Socio Legal Information Centre(SLIC). For more details about our works, visit us at http://hrln.org
This document discusses different types of company meetings under corporate law. It defines key meeting types like the annual general meeting (AGM), extraordinary general meeting (EGM), class meetings, and meetings called by members or court order. It outlines requirements for convening different meetings, such as who has authority to call them, notice periods, and quorum rules. Exceptions allow one person to constitute a meeting in certain circumstances, like if they are the sole shareholder of a class of shares. The document also provides case examples relating to issues like convening meetings when a quorum cannot be reached.
MALAYSIAN LEGAL SYSTEM Sources of law – islamic lawxareejx
- Islam was introduced to Malacca in the 15th century during the reign of Sultan Parameswara.
- The first written code of laws for Malacca was the Hukum Kanun Melaka, prepared in the 15th century during the reign of Sultan Muzaffar Shah, which contained 18 chapters with Islamic elements dealing with issues like marriage and commerce.
- Subsequent sultanates like Johor produced their own codes modeled after Hukum Kanun Melaka, integrating more aspects of Islamic law.
The role of judges differs depending on the court. Magistrates court judges focus on determining facts by weighing witness testimony, applying established law to the facts. They have little ability to develop or change law. Higher courts like the High Court focus more on questions of law, developing legal principles, and have more freedom to change law. While lower courts focus on facts, higher courts rely on lower courts' fact findings and focus on applying law.
This document discusses burden and standard of proof in law of evidence. It defines burden of proof as the obligation to provide sufficient evidence to support one's case, and distinguishes between burden of establishing a case and evidential burden of introducing evidence. The standard of proof refers to the degree of probability required to discharge the burden. For criminal cases, the standard is proof beyond reasonable doubt, while for civil cases it is on a balance of probabilities. The more serious the allegation, the higher the standard of proof required.
The document summarizes key aspects of the Limited Liability Partnership Act of 2008 in India. It discusses the recommendations that led to the legislation, key provisions of the Act regarding formation of LLPs, roles and liabilities of partners, governance and accounting requirements, conversion of firms and companies to LLPs, and provisions for winding up or dissolving an LLP. The Act aims to provide a flexible business structure with liability protection for small and large enterprises alike.
The document discusses theories of adjudication, specifically examining two approaches: the descriptive dimension which looks at how judges actually decide cases, and the normative dimension which focuses on how judges ought to decide cases. It covers American legal realists like Oliver Wendell Holmes who argued that law is defined by what courts actually do rather than theories or principles. Realists believe judges are influenced by numerous factors beyond just legal rules. The document also discusses legal scholars like Llewellyn, Frank, and Cardozo and their views on judicial discretion, precedent, and a judge's role in lawmaking.
The document provides a sample exam with multiple choice questions testing knowledge of contract law and sale of goods ordinance concepts. It includes 15 questions related to topics like contract formation, capacity to contract, implied conditions in contracts of sale, duties of buyers/sellers, and intellectual property law. The questions require identifying the most accurate answer from several options provided in the answer booklet.
MALAYSIAN LEGAL SYSTEM Sources of law customary lawxareejx
The document discusses customary law in Malaysia, including Malay customary law, Chinese customary law, Hindu customary law, and the customary laws of the indigenous peoples. It provides details on various types of Malay customary laws such as Adat Perpatih and Adat Temenggong. It also discusses how the courts have recognized Chinese and Hindu customary laws in areas like family law and inheritance. The document outlines key cases that have helped shape understanding of customary laws in Malaysia.
Intricacies involved in the Child Custody and Guardianship in Hindus, Muslims, Christians and parsis residing in India. Under which circumstances Court can order Custody of a Child to any parent and Gaurdianship of a Child.
This a presentation on the child custody legal framework in Liberia. It includes both elements of the Statute (Domestic Relations Law) and Supreme Court Opinions.
Prisoners Rights - Legal Aid & Prison ReformsNaveen Bhartiya
This document summarizes prisoner's rights initiatives and legal aid services provided in Delhi prisons. It discusses the assignment of remand advocates, benefits provided under bail laws, legal clinics in jails run by Delhi State Legal Services Authority, jail visiting advocates, legal awareness programs, e-kiosks providing case status, a prison management system, monitoring committees, inspection of jails and observation homes, rights of convicts, the role of DSLSA, filing of appeals, a proposed case compendium, grievance processes, access to legal aid, human rights issues, adoption of jails and homes, benefits of programs, identifying juveniles, monitoring bail orders, ensuring timely filing of appeals, a child welfare scheme, and data on
This document summarizes the key points around sales tax registration in Pakistan. It discusses who is required to register, the registration procedures, requirements for compulsory registration, procedures for changes in registration details, transfer of registration, and cancellation of multiple registrations. The key entities required to register are manufacturers, retailers, importers, wholesalers/distributors, and commercial exporters. Registration is obtained by applying online through the central registration office.
A basic guide to property law. Since this is based on common law and applies to the law of the land - please check your state property statutes for modern codes. This is intended for law students and builds a foundation for the law of property law - each states laws vary. Thank you!
This document summarizes key aspects of partnership law regarding when the acts of a partner can bind their other partners to outsiders. It discusses the four requirements under Section 7 of the Partnership Act for a partner's actions to bind the firm: 1) the act was by a partner 2) was within the scope of the firm's business 3) was conducted in the usual way and 4) the outsider knew or believed the person was a partner. The document analyzes several cases that further illustrate these requirements, such as when investment advice could be considered within a firm's usual business activities.
To qualify as a tax resident in Malaysia, an individual must be physically present for a minimum of 182 days in a calendar year. This 182 days can be a single period within the year or over multiple periods within 3 years, with allowed temporary absences such as for conferences, illness, or brief social visits. Residency can also be determined over 3 consecutive years, with at least 90 days of presence in each of the 3 preceding years. Benefits of resident status include lower personal tax rates, eligibility for personal reliefs and rebates, and certain income exemptions.
The case involved Lina Joy, a Muslim woman who wished to convert to Christianity. She sought to change her name and remove 'Islam' from her identity card without obtaining a certificate from the Shariah court declaring that she had renounced Islam. The courts dismissed her application, ruling that as a Muslim she was subject to Shariah laws on apostasy and the finality of her decision to convert was within the jurisdiction of the Shariah court, not civil courts. The ruling affirmed that while freedom of religion is protected, Muslims must follow Shariah procedures for converting out of Islam which requires renunciation to be determined by the Shariah court.
This document discusses several cases related to jurisdiction, docket fees, and causes of action in civil procedure.
1. It establishes rules for determining jurisdiction based on the nature of the principal action in the complaint. If the primary relief sought is monetary recovery, jurisdiction depends on the amount. However, if monetary claims are incidental to other relief, jurisdiction is with regional trial courts.
2. Jurisdiction is also determined by the allegations in the complaint, not defenses in the answer. Exceptions exist if defenses prove another real issue like tenancy that belongs in a different court.
3. Parties must pay the full docket fee for a case to be filed. Exceptions allow payment within a reasonable period if
This document summarizes the law on charitable trusts in the UK. It discusses the four principal categories of charitable purposes as defined by Lord MacNaughten: 1) relief of poverty, 2) advancement of education, 3) advancement of religion, and 4) other purposes beneficial to the community. It provides detailed explanations and case examples for each category. For relief of poverty, it discusses what constitutes poverty, public benefit requirements, and cases related to aged, impotent, poor persons. For advancement of education, it examines what activities fall under education like research, art, extracurricular activities, and public benefit. For advancement of religion, it analyzes definitions of religion, requirements for public benefit, and cases related to various religions
Matter of Setting up a Tribunal to Pay Compensation to Child Victims of Sexua...Nilendra Kumar
This presentation examines the feasibility of setting up a Tribunal to pay compensation to victims of sex crimes. The scope of extending this solace is unavailable under the existing constitutional scheme.
Prisons' Right, Volume 2
Published by Human Rights Law Network(HRLN), a division of Socio Legal Information Centre(SLIC). For more details about our works, visit us at http://hrln.org
we are here to help you in the duration of your preparation
feel free to contact us for any query regarding your exam
contact us at : 9454721860, 0522-4241011
or log on to our website : www.iasnext.com
This document summarizes orders from the High Court of Karnataka regarding the implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. The Court notes that there has been little implementation of the Act and Rules in Karnataka. It issues a rule nisi and will exercise continuing mandamus to monitor the situation. As an interim measure, the Court reiterates that manual scavenging violates fundamental rights and dignity. It summarizes key aspects of the Act, including the broad definition of "manual scavenger" and provisions requiring the demolition of insanitary latrines and the construction of sanitary community latrines. The Court finds there has been inadequate implementation of the Act aimed at eliminating this in
The Chief Justice heard arguments from the State regarding a public interest litigation concerning banners placed in Lucknow with personal details of over 50 individuals accused of vandalism.
The State argued the Court did not have jurisdiction and the banners served the public interest of deterring unlawful behavior. However, the Court found no law permitted disclosing personal details and this violated privacy rights under Article 21 of the Constitution.
While the State can maintain law and order, it cannot violate fundamental rights. The banners interfered with privacy without statutory backing. Privacy is a fundamental right in India, recognized globally and integral to human dignity. Therefore, the Court ruled the banners must be removed.
The document discusses the issue of delays in the Indian justice system and proposes recommendations to ensure speedy and timely justice. It notes that the major causes of backlog are lack of infrastructure, manpower and financial assistance. It provides facts on judicial capacity and ratios in India compared to other countries. It also summarizes key court judgments that have emphasized the right to speedy trial. Recommendations include establishing fast track courts, increasing the number of judges, using technology to expedite proceedings, and amending laws like fixing a time limit for delivering judgments.
The document discusses women and children's rights in Bangladesh under both constitutional and international law. It notes that while the Bangladeshi constitution guarantees equality, women and children still face discrimination in practice due to factors like poverty and illiteracy. It outlines the various laws and protections in place, including personal laws governing marriage and family matters, as well as general criminal laws against issues like dowry and child marriage. However, it notes there are still problems in effective implementation and enforcement of these laws to fully protect women and children's rights in reality.
The proposed tribunal to award compensation to Child VictimsNilendra Kumar
One of the options being actively discussed these days proposes setting up of a tribunal to provide relief to the child victims of abuse and culpable neglect. This presentation is an attempt to articulate feasibility of its constitution and benefits therefrom. Comments and suggestions are welcome.
This document provides an introduction to public interest litigation in India. It discusses how PIL began in India in the 1970s as a means of protecting the interests of vulnerable groups. It highlights some important early PIL cases like Hussainara Khatoon v. Union of India and S.P. Gupta v. Union of India that helped establish PIL and relax the rule of locus standi. However, there were also concerns about potential misuse of PIL, leading to the need for guidelines. The document then discusses how the Indian judiciary has sought to balance issues like individual rights, economic reforms, and checks on executive power through PIL and constitutional interpretation over the decades.
This document lists the benches of the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) in India and their territorial jurisdictions. It notes that NCLT has 10 benches located in New Delhi, Ahmedabad, Allahabad, Bengaluru, Chandigarh, Chennai, Guwahati, Hyderabad, Kolkata, and Mumbai. Each bench has jurisdiction over specific states and union territories. The document also provides a brief overview of the key powers of NCLT, including handling cases regarding oppression and mismanagement, corporate insolvency resolution process, reconstruction, and winding up. It states that while some powers have been notified, others have not yet been
Police deviance restraint and third degree methodsNeepa Jani Vyas
This document discusses police deviance and the legal mechanisms in place in India to provide remedies for violations of constitutional rights by police. It outlines two main remedial mechanisms - court-based judicial remedies that citizens can pursue, as well as internal disciplinary authorities. It also discusses laws and Supreme Court cases that have found custodial torture, third-degree interrogation techniques, and excessive use of force to be unconstitutional. The document aims to analyze restraints on police powers and how citizens can seek remedy for police deviance in India.
The plaintiff sought details of insurance policies from the defendant Life Insurance Corporation. After obtaining details, the plaintiff proposed framework outlines for the policies, but the defendant rejected them for not meeting statutory requirements and laid down its own guidelines. The plaintiff filed a writ petition alleging the defendant's actions were arbitrary and opposed to public policy. The High Court partially struck down the guidelines. On appeal, the Supreme Court held that when the state interacts with the public, its actions must satisfy the test of reasonableness under the Constitution. As the defendant's policy terms were unconscionable and opposed to public policy, they were constitutionally void and liable to be set aside.
The document provides an overview of the National Green Tribunal (NGT) in India. Some key points:
1) NGT was established in 2010 to provide effective and speedy resolution of environmental disputes, replacing previous bodies that were ineffective.
2) It has jurisdiction over cases involving substantial environmental questions. The tribunal is comprised of judicial and technical experts to handle specialized environmental issues.
3) NGT aims to protect the environment and natural resources, provide relief for environmental damages, and achieve sustainable development in India. It has helped address issues like waste management, vehicle pollution, and conservation of protected areas.
1. The investigating agency (CBI) filed an application seeking direction from the court for the accused to provide the password of the computer system and Tally software seized during investigation.
2. The CBI argued they have the right to seek this information as part of a fair investigation, while the accused argued it would violate their right against self-incrimination.
3. The court examined the historical background of the right against self-incrimination and the investigating agency's powers, based on previous Supreme Court rulings. It acknowledged the need to balance individual rights and fair investigation.
Child Sexual Abuse
Published by Human Rights Law Network(HRLN), a division of Socio Legal Information Centre(SLIC). For more details about our works, visit us at http://hrln.org
The document discusses rules and regulations around political party funding in India. It notes that about half of the estimated Rs. 1.5 lakh crore spent on Indian elections in the past 5 years has come from unaccounted sources, mainly corporate funding. The new Companies Act of 2013 brings some transparency but does not fundamentally change funding practices. The document then outlines various laws governing public funding, individual contributions, restrictions, disclosure requirements, and penalties related to political party financing in India.
Similar to Landmark Judgments on Bonded, Child Labour, Human Trafficking, Sex Trafficking and on Missing Children (16)
Safeguarding Against Financial Crime: AML Compliance Regulations DemystifiedPROF. PAUL ALLIEU KAMARA
To ensure the integrity of financial systems and combat illicit financial activities, understanding AML (Anti-Money Laundering) compliance regulations is crucial for financial institutions and businesses. AML compliance regulations are designed to prevent money laundering and the financing of terrorist activities by imposing specific requirements on financial institutions, including customer due diligence, monitoring, and reporting of suspicious activities (GitHub Docs).
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Pedal to the Court Understanding Your Rights after a Cycling Collision.pdfSunsetWestLegalGroup
The immediate step is an intelligent choice; don’t procrastinate. In the aftermath of the crash, taking care of yourself and taking quick steps can help you protect yourself from significant injuries. Make sure that you have collected the essential data and information.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
Our intuitive online interface allows individuals to register complaints, seek legal advice, and pursue justice conveniently. Users can submit complaints via mobile devices and send legal notices to companies directly through our portal.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Landmark Judgments on Bonded, Child Labour, Human Trafficking, Sex Trafficking and on Missing Children
1. LANDMARK JUDGMENTS ON BONDED AND CHILD LABOUR, HUMAN
TRAFFICKING, SEX TRAFFICKING, MISSING CHILDREN CASES
# Head Note/Line CASE
BONDED LABOUR:
1 Forced Labour Defined –
Supreme Court
People’s Union for Democratic Rights v.
Union of India, (1982) 3 SCC 235
2 Rehabilitation of Bonded
Labour ordered and
Vigilance Committee set up
in prone areas
1)
Bandhua Mukti Morcha Vs. Union of
India and others AIR 1984 Supreme
Court 802
2)
Neerja Chaudhury Vs. State of Madhya
Pradesh AIR 1984 Supreme Court 1099
3 Release Certificates to be
provided to Bonded Labour
who are Liberated
Santhal Pargana Antyodaya Ashram
Versus State of Bihar and Others
1987 (Supplementary) Supreme Court
cases 141
4 NHRC made the Nodal
Agency for Monitoring the
Rehabilitation of Bonded
Labours in the Country
Public Union for Civil Liberties v. State
of Tamil Nadu & Others
(Writ Petition Civil No. 3922 of 1985)
5 CEDAW treated at par with
Fundamental Rights
Supreme Court provides for
Rehabilitation of Bonded
Labour
1)
M C MEHTA VS STATE OF TAMIL NADU
1996 6 (SCC) 756
2)
Madhu Kishwar v. State of Bihar (1996)
5 SCC 125]
HUMAN TRAFFICKING:
6 Guidelines for Inter Country
adoptions laid down to
check trafficking through
adoption rackets.
In Laxmi Kant Pandey vs Union of
India (1984) 2 SCC 244
7 Trafficking is an organized
Crime and stringent
measures are required to
combat it.
Kamaljit vs State of NCT of Delhi 2006
2. 8 Formation of Advisory
Committee ordered for all
States and Union
Government to Combat
Trafficking.
Vishal Jeet v. Union of India, (1990) 3
SCC 318
9 Court Lays down process for
care and Protection of
Trafficked Children. Rules
that Advocates cannot
appear befor the Child
Welfare Committee to take
custody of trafficked child.
Prerna v. State of Maharashtra : 2003
(2) Mah.L. J. 105
10 Decisions of Child Welfare
Committee are final in
terms of Care and
Protection of Children.
Munni vs State of Mahrashtra –
Criminal Writ Petition No.
227/2011(Bombay High Court)
SEX TRAFFICKING/POCSO/CRIME AGAINST WOMEN:
11 Sealing of Brothel will
ensure in curbing organised
crime.
Geeta Kancha Tamang vs State of
Mahrashtra Criminal Appeal No. 858 of
2009
12 Courts should Grant Stricter
Punishment for Crimes of
Sexual Offences
State of A.P. v. Bodem Sundara
Rao [(1995) 6 SCC 230: 1995 SCC (Cri)
1097]
13 Sexual Offenders should not
be shown leniency.
Examination of the victim
should be in camera and
anonymity of the victim
should be maintained. No
questions should be asked
on a victim character.
State of Punjab v. Gurmit Singh [(1996)
2 SCC 384: 1996 SCC (Cri) 316]
14 Crimes of violence upon
women need to be severely
dealt with
State of Karnataka v. Krishnappa,
(2000) 4 SCC 75
3. 15 Guidelines for search of
Missing Children laid down
by Supreme Court
HORI LAL Vs Commissioner of Police ,
Delhi & Ors Respondents (14.11.2002)
MISSING CHILDREN:
16 High Court orders the
creation of Zipnet in order
to monitor missing children
and orders for registration
of FIR in all cases of missing
children.
COURT ON ITS OWN MOTION W.P.(CRL)
249/2009
17 Action Plant to Combat Child
Labour in Delhi.
Court on its own Motion and with Other
Writ Petitions WP 9767/2009
18 National Commission for
Protection of Child Rights (
NCPCR) made the Nodal
Agency for Implementation
of the Juvenile Justice (Care
and Protection of Children)
Act 2000.
Bachpan Bachao Andolan v. Union of
India, (2010) 12 SCC 180
19 State Legal Services
Authority made the Nodal
Agency for training and
implementation of Special
Juvenile Police Unit
Sampurna Behura v. Union of India,
(2011) 9 SCC 801 at page 801
4. 20 Chief Secretay of each state
asked to submit a circular
for implementation of
actions to combat Human
Trafficking.
Bachpan Bachao Andolan Vs Union of
India 2011 SCC (5) 1
21 High Court orders
convergence in action,
Recovery of Wages of Child
Labour, registration of
Placement Agencies by Delhi
Police and Public display of
information related to
Placement Agencies
Bachpan Bachao Andolan 2011 177 DLT
198
22 Supreme Court appoints a
Panel to monitor and
Suggest Rehabilitation
scheme for Trafficked Sex
Workers and Trafficked
Victims.
Budhadev Karmaskar v. State of West
Bengal, (2011) 11 SCC 538