Dayanand's World

RAPE LAWS IN INDIA Rape is a stigma which exists in the society from a long time. The dictionary meaning of word rape is “the ravishing or violation of a woman.” The rape victim i.e. a woman as woman cannot commit rape due to biological reasons. She is traumatized after the event; it is very difficult for a woman to come out of this trauma. Rape in India is a cognizable offence. There are many provisions in various Acts. The word rape is legally defined u/s 375 of Indian Penal Code, 1860. It defines the rape and also prescribes its punishment. Whenever a man penetrates or does sexual intercourse with a woman without her consent or will it amounts to rape. Penetration here means that only a slightest of the touch of penis to vagina amounts to rape, unruptured hymen of woman does not prove that rape was not committed. There are exceptions to it also i.e. when a man does sexual intercourse with his wife who is above 15 years of age. The rape law under Indian Penal Code had gone t...

MODI SET TO RETURN TO POWER WITH A HAT-TRICK.. Predicting electoral outcomes in India is almost an impossible science that involves a lot of occult mysteries like imagined caste-vote tilts and representative sample sizes that try to judge voter perceptions regarding government’s performance etc etc. For a nation of 1.2 billion people with a million castes/religions/languages/ethnic groups, even after 65 years of independence, we are totally clueless about the percentage of population of different subgroups. To add to this huge gap in our databases is the total opaqueness of the Election Commission of India which has never released polling booth level voting numbers for wider public scrutiny. Polling booth level voting data is released to the political parties and contesting candidates by the election commission and it is a herculean task to get access to that data. It was on this back drop that we conducted a survey of the voter perception of Gujarat and assessed the performa...

Companies Bill 2011- Passed in Lok Sabha on 18th Dec 2012 at 10:46 PM Here are major excerpts: The Companies Act 1956 was enacted on the recommendations of the Bhaba Committee set up in 1950 with the object to consolidate the existing corporate laws and to provide a new basis for corporate operation in independent India. With enactment of this legislation in 1956, the Companies Act 1913 was repealed. The Companies Act, 1956, has since provided the legal framework for corporate entities in India. The need for streamlining this Act was felt from time to time as the corporate sector grew in pace with the Indian economy, with as many as 24 amendments taking place since 1956. Major amendments to the Act were made through Companies (Amendment) Act, 1988 after considering the recommendations of the Sachar Committee, and then again in 1998, 2000 and finally in 2002 through the Companies (Second Amendment) Act 2002, consequent to the report of the Eradi Committee. After a hesitant...

MODI SET TO RETURN TO POWER WITH A HAT-TRICK.. Predicting electoral outcomes in India is almost an impossible science that involves a lot of occult mysteries like imagined caste-vote tilts and representative sample sizes that try to judge voter perceptions regarding government’s performance etc etc. For a nation of 1.2 billion people with a million castes/religions/languages/ethnic groups, even after 65 years of independence, we are totally clueless about the percentage of population of different subgroups. To add to this huge gap in our databases is the total opaqueness of the Election Commission of India which has never released polling booth level voting numbers for wider public scrutiny. Polling booth level voting data is released to the political parties and contesting candidates by the election commission and it is a herculean task to get access to that data. It was on this back drop that we conducted a survey of the voter perception of Gujarat and assessed the performa...

FDI IN RETAIL – TAKE A BALANCED VIEW OF PROS AND CONS... After I published my note on FDI in Retail and termed it boldly as a 'welcome move' - I have been flooded with posts - congratulating me and criticizing me. There has been lot of hoopla over Foreign Direct Investment in the Retail sector. With the elections coming up in few states, the central government has finally bit the bullet and approved the 100% FDI in multi-brand retail. FDI in Retail is likely to usher in further economic reform. Let us discuss the Pros and Cons of FDI in Retail. Before discussing that let us have a look at the overall economic status of retail sector at present. Let us have a look at the Indian retail industry The Indian retail industry has scaled impeccable growth over the last decade with an amiable acceptance to organised retailing formats. The industry is maturing towards modern concept of retailing, cornering the conventional unorganised family-owned businesses. India ha...

FDI IN RETAIL – A WELCOME MOVE FDI can be defined as a cross border investment, where foreign assets are invested into the organizations of the domestic market excluding the investment in stock. It brings private funds from overseas into products or services. The domestic company in which foreign currency is invested is usually being controlled by the investing foreign company, eg. an American company taking major stake in a company in India. Their ROI is based on the performance of the project. In the past decades, FDI was concerned only with highly industrialized countries. US were the world’s largest recipient of FDI during 2006 with an investment of 184 million from OECD (Organization for Economic Co-operation and Development) countries. France, Greece, Iceland, Poland, Slovak Republic, Switzerland and Turkey also have a positive record in FDI investments. Now, during the course of time, FDI has become a vital part in every country more particularly with the developing coun...

Use SAHAKARSUTRA’S Knowledge-Bank for Solving Your Cooperative Housing Society Problems Dear friends, We live in cooperative housing societies (CHS), but we usually fail to ensure that they work well. A major reason is that we lack the working knowledge of CHS functioning. This need not be the case; a wealth of useful information is available for study, thanks to our tireless team at SAHAKARSUTRA –we keep updating the latest amendments in the laws, important court orders, etc. We are setting up this “knowledge-bank”, from where you can get essential information for Cooperative Housing Society dispute resolution and also smooth running. WHY CHS ACTIVISM IS THE NEED OF THE HOUR The CHS is the most basic unit of local self-governance. Unfortunately, few people have a proper understanding of CHS rules, laws, procedures and administrative/judicial mechanisms that provide our constitutional safeguards. The result is arbitrariness and misuse of power by managing commit...

Consumer Protection Law in India IN A SIMPLE LANGUAGE This article summarizes the Consumer Protection Act, 1986 of India in simple words. Please note that this article is NOT legal advice. There is no guarantee on its accuracy and we shall not be responsible for any damages due to any reliance placed on this article. Consumer Protection Act 1986 - An Introduction The act came into effect first on December 24, 1986 after being passed by the Indian Parliament and signed by the President of India. It was modified later on and the modifications came into effect on March 15, 2003. For all legal purposes, you can read the bare act as published in the NCDRC website. The act is applicable in all states in India except in Jammu and Kashmir. The act makes provisions to include both tangible goods and intangible services (henceforth referred to as product) purchased from a trader or service provider (henceforth referred to as company). The act can apply to any consumer who uses the ...

CONTENTS THE CONSUMER PROTECTION ACT, 1986 CHAPTER – I PRELIMINARY 1. Short title, extent, commencement and application 2. Definitions 3. Act not in derogation of any other law CHAPTER – II CONSUMER PROTECTION COUNCILS 4. The Central Consumer Protection Council 5. Procedure for meetings of the Central Council 6. Objects of the Central Council 7. The State Consumer Protection Councils 8. Objects of the State Council 8A. The District Consumer Protection Council CHAPTER – III CONSUMER DISPUTES REDRESSAL AGENCIES 9. Establishment of Consumer Disputes Redressal Agencies 10. Composition of the District Forum 11. Jurisdiction of the District Forum 12. Manner in which complaint shall be made 13. Procedure on admission of complaint 14. Finding of the District Forum 15. Appeal 16. Composition of the State Commission 17. Jurisdiction of the State Commission 17A. Transfer of cases 17B. Circuit Benches 18. Procedure appli...