The Legal Today

  Talk less do more While working for the business ecosystem, popularly known as BE, this morning the author was talking with one of our senior promoters Mr Sanjay Sonawani.  He told the author a recent story of his Japanese assistant. This is the short story of Fozio Osho. For at least 10 days Osho was assisting Sanjay. Osho was never seen carrying a mobile handset with him anytime in those 10 days.  But Osho never missed a single appointment whether it is regarding morning attendance, breakfast, lunch, all other important meetings and tours throughout Japan. Osho has not missed a single event planned.  Sanjay was thinking that Japan is a very backward country or undeveloped country. Because he could hardly see any mobile in the hands of other Japanese also. Osho used to come in the morning at 7 o'clock and used to leave by 10 o'clock in the evening. He was obedient and polite. Osho never sat in front of Sanjay throughout the tour. Whenever Sanjay looked at Osho San...

  Constitution 1: Who should be called master? Even when I am in my own house, I say that I am the master of the house. Then we have a feeling of belonging, which is called the feeling of ownership. I keep enjoying myself with happiness. If there are any rights of any other person then I will decide them. If there are community rights on it in addition to other rights, then I still get to decide, at least I have an active and decisive participation in the decision making process. Not only this, I also have a decisive role in the process of banning its use. I have complete freedom to decide which item I use in my house and which item is used equally by all the members of the house. This freedom is a symbol of mastery. The same thing happens when the material is used in common. I have to keep in mind that the other persons also have the same freedom along with my freedom to consume the material. Then the rules of temporal ownership apply. In temporary ownership, ownership is acquired...

Constitution 2: Fundamental Rights While looking at the definition of citizen we have seen that a citizen is basically a person or resident who enjoys civil rights. These civil rights can also include human rights, political rights in a broad sense. Civil rights also have to be included in the fundamental rights enshrined in Chapter III of the Constitution of India, which is not only supremely sacred in view of the Union of India, but also the fundamental rights are the civil rights of Indian citizens. The basic rights which are generally protected by Indian citizens in the original Indian state constitution have been protected in the Indian state constitution. Their general analysis is as follows- 1. Right to Equality- This will also include the following aspects: the equal treatment of everyone before the law, prevents discrimination on various grounds of religion, race, caste, sex or place of birth , treats everybody as equals in matters of public employment, and abolishes untoucha...

   Notes on Land Acquisition Act   1. Under section 111 of the new act of the Land Acquisition Act, 1894 has been repeated. 2. The new act is named as the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. 3. The Preamble of Act, 1894 is as follows -  An act to amend the law for the Acquisition of Land for Public Purpose and for Companies.  This act has been enacted on 2 nd Feb., 1894 and come into force on 1 st March, 1894 for the purpose of –  Acquisition of Land for Public Purpose for Companies.  Determining on account of such acquisition.   The Act of 2013 has been published in the Gazette of India, by the Mining of Law and Justice, Legislative Department on 26 th Sept., 2013. But still have not come into force.  The act of 2013 has been enacted for the following purposes the preamble is as follows -   “An act to ensure, in consultation with institution of local Sel...

Judges’ Accountability     The Judges’ (Inquiry) Act, 1968 shall be repealed if the Judicial Standards and Accountability Bill, 2010 (New Bill) is passed.   The new Bill provides for disclosure of property. It restricts the Judges from conducting any matter relating to their relatives.  The new Bill is related to the Judges of High Courts, Supreme Court including the Chief Judges.  A common person can make a complaint against the Judge to the National Judicial Oversight Committee (NJOC).  The NJOC shall send the complaint to the Scrutiny Panel (SP) for scrutinising the contents of the complaint.  If there is material in the complaint the complaint shall be again sent back to the NJOC with a report of the SP.  On report of the SP the matter will be sent to the Investigation Committee (IC).  IC shall enquire into the complaint. It shall make its report with findings to the NJOC.  If NJOC found substance in the inquiry and findings mad...