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Law Firm in Gurgaon, Delhi/NCR > Blogs (Page 23)

National Biodiversity Authority under Biodiversirty Act, 2002

The objective of Biodiversity Act

The objective of Biodiversity Act, 2002: - India as being the part of the Convention on BioDiversity, 1992 enacted the BioDiversity Act, 2002. The objective behind enacting the Biodiversity act, 2002, is to provide the conservation of Biological Diversity to:- 1.  Firstly, Provide for conservation of biological diversity, 2.  Secondly, Sustainable use of Biological Diversity’s components 3.   Moreover,  Fair and equitable sharing of the benefits arising out of the use of biological resources, knowledge and for matters connected therewith or incidental thereto Biodiversity Convention: - The convention on Biodiversity, 1992 was held in Rio de Janeiro in the year 1992 What is biodiversity: - "Biological diversity" means the...

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Whistleblower

Whistleblower

Whistleblowers protection is a policy that all government leaders support in public but few in power tolerate in private” – Thomas M. Devine Further, A whistleblower is effectively an individual who has witnessed or been part of an unethical or illegal process, often against their will as a condition of employment, and decides to submit the incriminating evidence to the proper authorities. Moreover, Whistleblowers begin the indictment process in cases that are criminal. However,Oxford dictionary defines a whistleblower as a person who informs about a person or organization engaged in an illicit activity. The Whistleblower Protection Act, 2011 It establishes a mechanism to receive...

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Surrogacy

What is surrogacy? Surrogacy is an agreement whereby a woman (called surrogate) agrees to carry a pregnancy for another person or persons (called intended parents), who will be the child's parents after birth. It is an arrangement or agreement whereby a woman agrees to carry a pregnancy for another person or persons, who will become the newborn child's parent(s) after birth. Surrogacy is the well-known method of reproduction where one woman becomes pregnant and gives birth to a child for other women. The word “Surrogate’’ derives from the Latin word “Subrogate’’ means “Appointed to act in the place of ‘’. The intended...

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Rule Of Law in India

Background: - Ancient Time: The Rule of law was firstly described by ancient Greek philosophers such as Plato and Aristotle around 350 BC. Aristotle also shared his views about the Rule of law by writing that "law should govern and those in powers should be servants of the laws." The phrase ''Rule of law''is derived from the French phrase ‘la principe de legalite’ (the principle of legality) which refers to a government based on principles of law and not of men. Rule of law is the basic and Fundamental principle of the English Constitution. It states that law is above all and whether its citizens or government...

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Adoption Law in India

Adoption Law in India

Introduction  Adoption is the legally recognized relationship between adoptive parents and adoptees. It provides permanent parental rights from one person or couple to another person or couple. Adoptive parents and adoptive children both have the same rights, as biological parents and biological children. In simple words, adoption is the process, to establish a parent-child relationship that is not related by births. It’s a way through which parentless or orphan child to have parents, a shelter, and a good life and childless parents to have their child. Juvenile Justice (Care and Protection of Children) Amendment Act, 2006:- As per Section 2(aa), adoption means the process...

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ILLEGAL DETENTION

ILLEGAL DETENTION

INTRODUCTION What comes to the mind of an individual when they think of illegal detention? The term detention is something that somehow terrifies a person. Whereas here we are talking about the detention that is illegal. To clear the doubts on this topic and for a brief understanding of what illegal detention is. We will focus on the provisions provided under the Criminal Procedure Code on how the detention takes place. ‘Detention’ in simpler terms is the act of reserving or arresting a person or property. Whereas, ‘illegal detention’ is the unsubstantiated imprisonment or violation of the liberty of an individual by arresting...

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CONCEPT OF JOINT HINDU FAMILY (JHF)

Joint Hindu Family

Introduction: Joint Hindu Family A family that originates from one common male ancestor who may be alive or dead after whom there has not been any partition in the family will be called as a Joint Hindu Family. As there is no partition in the family it is called JHF excepting daughter who got married somewhere else and now they have become a member of the husband’s JHF. Before the 2005 amendment the only divorcee was considered part of JHF of her father but after 2005 both the divorcee and the widow are considered to be part of JHF of her...

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FREE CONSENT UNDER CONTRACT LAW

Free Consent

INTRODUCTION Not from today, but since ages, we come across the situation of buying and selling goods and services. A contract is not something you specifically enter, rather it is something with which we deal in our daily lives. It could be, buying goods from a shop, availing cable connection services, or installing an app on a phone, contracts are everywhere. Contracts are an integral part of one's life and business. Every transaction is a contract whether written or verbal.  The Indian Contracts Act, 1872 deals with the laws relating to contracts and contractual disputes in India. In simpler terms, a contract is...

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Laws Governing Role of Independent Directors In The Present Context

OVERVIEW As debate preceding the need for good governance is powerfully contacted in all countries. Alike is the case in India. It has enumerated the abilities to deal alongside company governance pertaining to an Indian context in this chapter. Good company governance is the key to efficiency in a competitive environment. This company governance provides a cutting edge. Good company governance is not merely desirable, but it is vital for survival. It is vital not just because it is good for the stockholders and supplementary stakeholders. But it is additionally vital because it is in the firm's attention itself in the present...

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SEBI REGULATIONS TO SAFEGUARD INDEPENDENT DIRECTORS

INTRODUCTION SEBI, as Protection Market Watchdog has delivered comprehensive guidelines–SEBI (Disclosure and Financier Protection) Guidelines–to safeguard that the independent directors, captains and the firm alongside all the supplementary members; in the presenting of assurances to the area discern fairness in raising funds, disclosure of data concerning the firm; moreover, in allotment of shares, in refunding the excess request money; in becoming the shades registered alongside an understood Stock Transactions. One ought to peruse these guidelines to notice the extent to that SEBI has endowed for fair treatment of the stakeholders. SEBI regulations associating to circumventing associate interchange is an example of being fair...

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