Articles
Whether Waiver Of The Loan Is Benefit Or Perquisite Under Section 194R?
A new section 194R has been inserted to the Income Tax Act 1961 by the Finance Act of 2022. The section is read as that any person responsible for providing any benefit or perquisite to a resident, is required to deduct tax at the source (TDS) at a rate of 10% if the total value of such benefit or perquisite exceeds INR 20,000 within a financial year. Further, it is read as that the benefit or perquisite, whether in cash or kind, must arise either from carrying out of business or exercising a...
Non-Implementation Of The Mine Closure Plan In Jharkhand – An Alarming Lapse With Regards To Complete Compliance Of Mine Related Legislations
On November 26, 2021, four people viz. Lakshman Rajwar (42), Anandi Singh (45), Rawan Rajwar (46) and Bharat Singh (45), all residents of Tilatand village of Chandankiyari Block in Bokaro district of Jharkhand, who had gone to illegally excavate coal from an abandoned BCCL coal mine in Prabatpur were trapped when it suddenly caved in. Fortunately, they dug their way out and emerged alive after sixty hours. This was much after their family members had lost any hope for their survival...
Fresh Lease Of Life And The Transplantation Of Human Organs Act, 1994: Dangers Of Illicit Organ Trafficking To Indian Medical Industry
Over the course of history, especially in the 19th and 20th century, the pace at which fundamental discoveries of basic science were uncovered was accelerating, as was the speed at which medical practice being transformed by these very inventions. Since then, we have come a long way from Hooke's observation of a cell to advanced cure for several life-threatening diseases, so to prolong human life. One of the breakthroughs in Medical Field was Organ Transplantation, also referred as...
Company Law Committee Report 2022 Suggests Many Amendments, Including Issue Of Fractional Shares
The latest Company Law Committee Report(CLC Report)of 2022 has proposed various significant amendments to the existing framework of the Companies Act, 2013 and some in the Limited Liability Partnership Act, 2008 ("LLP Act"). The Company Law Committee has been constituted by the Ministry of Corporate Affairs (MCA) and entrusted with responsibilities including promotion of greater ease of doing business for law-abiding corporates and improving the operational efficiency of the Companies...
Law Is Neither Quantum Mechanics Nor An Enigma
"If changing judges changes law , it is not even clear what law is", Robert Posner. Why is there a climate of uncertainty pervading the entire judicial system? Where lies the defect? Posner who is one of the finest American jurists and legal scholars of our time, has critically recognised four kinds of judgments; first, judgment with reflective and thoughtful observations; second, judgment based on randomness, third, instinctive judgment, and fourth, judgment which may be called...
Bankruptcy Code Dilemma and Challenges
It Is Time For The Stakeholders And Authorities To Go Back And Analise And Not To Change The Board Recent detailed order of June 13, 2022 of NCLT Allahabad in the matter of Rathi Graphic Technologies Limited Vs Rajkumar Rathi and Others, has tried to open up debate on appropriateness of the law introduced through the provisions of the Insolvency and Bankruptcy Code, 2016, in India, by observing that "we have departed from socialistic approach to capitalistic approach. Even the ...
Corporal Punishment And Child Rights In India
It is not an exaggeration to state that any form of Corporal punishment is evil, degrading, unjustifiable and a gross violation of the rights of children. Corporal punishment, also interchangeably known as physical punishment has been defined by the Committee on the Rights of the Child as "any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light. Mostly involves hitting ("smacking", "slapping", "spanking") children, with the...
Ministry Guidelines On Levy Of Service Charges In Hotels & Restaurants : How Far Advantageous To Consumers
How Far Advantageous To Consumers The Notification by the Ministry of Consumer affairs issued on 04.07.2022 in the form of Guidelines are meant to stop levy of service charge by the Hotels and restaurants in the bill while customer avails service by visiting at their premises. The question arises here as to whether guidelines in this form are really of any help to consumers and serve any purpose? We need to go back to the similar Guidelines issued in the year 2017 also on 21st April...
Social Media Outbursts On Judges – Impact On Dispensation Of Justice
The recent unfiltered social media attacks on Judges of the Supreme Court for oral observations made during a hearing last week, have once again sparked the debate for the need to regulate public discourse on judicial proceedings. While a well-reasoned critique of a judgment on legal grounds may be encouraged in a democracy, unsavory personal remarks on a Judge, or their personal lives are certainly unwarranted. The oral remarks made by a Bench comprising of Justice Surya Kant and...
Reproductive Rights And Autonomy - The Law Leans Backwards; A Critical Analysis Of The Laws On Surrogacy & Assisted Reproductive Technology
"You may have to fight a battle more than once to win it." – Margaret ThatcherInfertility as a medical condition is an impediment in the overall well-being of couples. It is an emotional roller coaster, often accompanied by grief and loss. It is not the process of surrogacy or ART, but the miracle of "conception" that guarantees success to those yearning to experience parenthood. Research suggests that about 10 to 15 percent of the country's population suffers from infertility issues[1]. The...
Neglecting Queer Children In India: Intersecting Rights Violation
'Children cannot wait too long and they are not people of tomorrow, but are people of today. They have a right to be taken seriously, and to be treated with tenderness and respect. They should be allowed to grow into whoever they are meant to be - the unknown person inside each of them is our hope for the future.' - Janusz Korczar 1. Introduction The United Nations Convention on the Rights of Children[2] ("UNCRC") provides for the rights of all children, viz., persons...