- By V Sudhish Pai
Constitutional Supremacy - A Revisit is a collection of essays on the underlying theme of courts, constitutional issues and constitutional adjudication. Institutions and systems are of abiding value in a constitutional democracy which can work only under institutional safeguards. Law is the principal institution through which a society can assert its values. Constitutionalism and the rule of law facilitate a democratic political system. The relation between the various institutions is not only legal but political; the legal and the political processes are intertwined. Constitutional adjudication is, at least to some extent, political. It is and always has to be statecraft. It is also a dynamic interaction between the different branches of government. There has to be a lively discourse in which all this is constantly evaluated and readjusted. While a superficial answer to the question about the Supreme Court’s role is that the Court is for judicial interpretation of the Constitution, a more relevant answer would have to explore the meaning of judicial interpretation. It is necessary and wise to recognize that there can be no legal solution for every problem. The book addresses these issues.
The author’s efforts at critical examination of constitutional issues and evaluation of public law pronouncements are aimed at the cultivation of constitutionalism. The insights in the book will inspire lawyers, judges, legal academics, students, researchers, policy makers and interested citizens.
About the Author:
V Sudhish Pai is a distinguished lawyer and jurist, and an acclaimed author. His contribution to academics, particularly in the area of critical constitutional analysis, has been substantial and significant. He was a Visiting Chair Professor, Asutosh Mookerjee Chair in WBNUJS, Kolkata and is a resource person at the National Judicial Academy, Bhopal for continuing legal education for judges.
- By Prof. Mool Chand Sharma
Law, Justice and Judicial Power: Justice P.N. Bhagwati’s Approach is a Festschrift comprising of 24 essays written in the honor of the late Justice P.N. Bhagwati, former Chief Justice of India and contributed by eminent persons cutting across professions and disciplines including former Chief Justices of India and of other countries, sitting Judge of the Apex Court of India, law officers holding constitutional positions, distinguished lawyers, scholars of international repute, Parliamentarians and other policy makers and public statesmen. In their essays, the contributors have recalled, described, assessed and celebrated the contributions of Justice P.N. Bhagwati especially through Constitutional Jurisprudence, transforming Indian Constitution from a paper being treated as a document to a source of power bringing social revolution and converting courts from being used as a forum by repeat players to forum for justice to poor, disadvantaged, minorities and exploited.
Professor (Dr.) Moolchand Sharma is an established scholar who has worked extensively in the area of Constitutional jurisprudence; Law, Political Economics and development; Law, Politics and Democracy; Poverty and Human Rights jurisprudence.
List of Contributors:
1.Justice A K Sikri
2.Justice (Dr) D Y Chandrachud
3.Justice M N Venkatachaliah
4.Justice A M Ahmadi
5.Justice Michael Kirby
6.K K Venugopal
7.Soli J Sorabjee
8.Prof. (Dr) Upendra Baxi
9.Prof. N R Madhava Menon
12.(Dr) Abhishek Singhvi
13.(Dr) Shashi Tharoor
15.Prof. Faizan Mustafa
17.Prof. Satish C Shastri
18.(Dr) Mark Dsouza
19.M C Mehta
20.A S Chandhiok
21.Rupinder Singh Suri
22.(Dr) Aman Hingorani
23.Ashok H Desai
24.Prof. (Dr) Vijender Kumar
25.Prof. (Dr) S Surya Prakash
- By Sumit Pahwa
Corporate Law Referencer (CLR) presents the Companies Act, 2013 in a unique way where all the Circulars, Orders, Rules, Notifications and Forms are arranged just below that section so as to give a 360o view of the respective section.
- Format of non-eForms
- Quick Referencers containing over 100 procedures and compliance checklists
- More than 450 FAQs on grey areas and practical issues
- 120 plus landmark judgments on relevant provisions
- 10 Quick Reference Tables consolidating various important topics such as highlights on the Companies (Amendment) Act, 2017, fees, stamp duty rates, compliances based on threshold limits, registers, committees, website disclosures, exemptions to private companies etc.
- Secretarial Standards
- The NCLT and NCLAT Rules 2016 along with forms
- Limited Liability Partnership Act, 2008 along with Circulars, Rules and Notifications placed under the relevant section
- Free e-Book on 100+ Resolutions
- Complimentary access to the updated Companies Act, 2013 at www.corporatelawreporter.com
- By H Padamchand Khincha & K K Chythanya
Decoding Section 5 by H Padamchand Khincha and K K Chythanya provides an in-depth analysis on Section 5 of Income tax Act, 1961 and discusses its interplay with other provisions of the Act. Largely untouched by legislative amendments, the authors of the book have attempted to peel through years of judicial exposition on the provision and adopt a fresh and unfettered approach. The authors dig deep with their research, to analyze many terms used in the legislation, which are sometimes used inter-changeably or which are bandied about without full appreciation.
The difference between Receipt and Accrual of Income has long been a bone of contention between the tax collector and tax payer. The true import and wider ramifications of “receipt”, “accrual” and “deemed accrual” are succinctly explained, as also the genesis of Double Taxation Avoidance Laws. The celebrated decision of the Apex court in Vodafone case, which also exposits concepts of accrual and deemed accrual have been explained in a manner which would be appreciated both by tax practitioners as well as a layman.
The book would be an asset in any library and it is recommended in classrooms too for a better understanding of Section 5 of the Income Tax Act, 1961, which are the pillars of the Act.
Excerpt from Foreword by Arvind P Datar, Senior Advocate:
"After reading this book, I realized how essential it was for every tax practitioner to periodically go back to the basics and revisit the fundamentals of tax law… Padamchand and Chythanya have literally brought sections 4 and 5 to life… It is necessary that every person dealing with the Act has a copy of this book. It should not only adorn one’s bookshelf, but all of us must also make it a point to read it periodically…"
- By Sriram Panchu
You fall into a dispute, try to talk it over, perhaps meet for a direct negotiation and when it fails you go into litigation. At which time you have moved into an unfamiliar world, where the decision making is out of your hands, tremendous delay and heavy costs are expected, and where inevitably there will be further damage to relationship between parties. At the end, and along the way, you would have asked your self the question – couldn’t there have been a better way to handle this problem between the two of us. Perhaps there is, now.
In recent times the legal system has witnessed a revolution of sorts. With mediation firmly in place in the Court set-up, it is time to turn attention to the area of what the author calls private mediation. Mediation is strongly indicated for a wide range of business and commercial disputes. Mediation has a dynamic flexibility which enables its use at multiple stages. The book focuses on commercial mediation in the Indian context. It discusses (i) why mediation, how it works and when to use it; (ii) its advantages & limitations; (iii) the job of the mediator; (iv) participation by the parties to the dispute; (v) the role of lawyers & GCs; and (vi) use in different sectors.
No matter what the complexity and stakes of the dispute, mediation helps. An amicable settlement is, after all, the best way to end dispute.
About The Author:
Sriram Panchu commenced practice in 1976 at the Madras High Court and was designated a Senior Advocate in 1996. His field of law practice is constitutional and commercial law. Over the last 20 years, he has been instrumental in bringing mediation into India’s dispute resolution system. In 2005 he set up India’s first court – annexed mediation centre in the Madras High Court, and has gone on to assist the Supreme Court and other High Courts to do so. He has mediated a large number of complex and high-value commercial disputes in India and abroad.
- By VakilSearch Legal Solutions
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- By Asheeta Regidi
- Thematic commentary on the areas of software copyright, software patent and software licensing laws.
- Discusses the various forms of legal and contractual protection available against software rights infringement.
- Examines the influence of international laws on the evolving jurisprudence in India.
- Analyses relevant Indian and International Case Law.
- Explains the concepts of free and open licensing, copyleft. enforceability of e-contracts including shrink-wrap and browse-wrap agreements.
Examines relative provisions of Information Technology Act, 2000; Indian Copyright Act, 1957; Patents Act, 1970; and India Contract Act, 1872.
About the Author:
Asheeta is a consultant specializing in Indian and international technology, privacy and cyber laws. She is a Certified Information Privacy Professional (CIPP/E, CIPP/A), and a Member of the International Association of Privacy Professionals. She provides consultation to clients, law firms and companies on matters relating to intellectual property rights in relation to software, software licensing, as well as free and open source licensing. Asheeta regularly contributes articles in her fields of specialization that have been published in the media. Asheeta read law at Government Law College, Mumbai (BLS, LLB), and is a Member of the Bar Council of Maharashtra and Goa. She also holds qualifications in cyber laws and cyber-crime investigation from the Asian School of Cyber Laws.
- By Vijay K Sondhi
The Author possesses a vast experience in Corporate and Commercial disputes, Litigation and ADR. He specializes in Criminal Law, more particularly White Collar Crimes, International crime syndicates, Extradition and Frauds, Anti-Piracy and anti-Counterfeiting. He is also proficient in cross border enforcement of decrees and awards.
He has extensive experience in disputes pertaining to both domestic and international jurisdictions. He has advised on debt recovery, banking & financial issues, commercial & corporate disputes and real estate, in various Courts all over India, and has also looked after interests of numerous clients in International Courts / Forums / Arbitral Tribunals including USA, UK, EU, UAE, Singapore and Hong Kong.
The book deals with the issue of relocation or removal of child/children by one parent to another territory, without the consent of the other parent owing to their matrimonial discord. At the international platform, the issue of wrongful removal of a child has been duly addressed by the act on Civil Aspects of International Child Abduction, 1980, and Hague Convention. This book discusses the extent of applicability of the law in India and the way ahead, while discussing case studies to analyse the current position in India.
Practical Guide to Drafting Commercial Contracts by Bhumesh Verma is a concise practical guide for lawyers as well as non-lawyers. Legal drafting is an art. A good draftsman must factor a number of practical aspects to ensure an effective agreement. A well-drafted contract can serve the exact purpose and ensure optimum protection of the parties’ interests and would rarely lead to disputes. Even if the parties are at dispute, a well-drafted contract is a strong tool to ensure the wronged party has the correct set of remedies. Therefore, the importance of good contract drafting skills cannot be underestimated. This book guides the reader on minute concepts and contains templates of most frequently used contracts.
Practical guidance for acquiring good contract drafting skills
Simple language of the book ensures its utility even for non-lawyers
involved with contract drafting and reviewing.
Templates to help the reader get a fair guidance on drafting
Examples making it easier for the reader to grasp the concept