LEGAL UPDATE : Guardianship Laws

“Reforming the Law For Maximizing Justice in Society &Promoting Good Governance under the Rule of Law” ~ Law Commission of India , GoI  GUARDIANSHIP and CUSTODY laws are pertaining to Safeguard the interest of ‘Welfare of the Child’. Though it needed a succinct discussion to understand in legal framework of our constitution. GUARDIANSHIP : Guardian is the person, who is having responsibility to undertake care of the person of a minor or his property or both person and property. A father…

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LEGAL VIEW : GUARDIANSHIP and CUSTODY LAWS

The paramount consideration in adjudicating custody and guardianship matters, emphasized on  ‘WELFARE OF THE CHILD” Guardianship refers to a bundle of rights and powers that an adult has in relation to the person and property of a minor, while custody is a narrower concept relating to the upbringing and day-2-day care and control of the minor The Custody Laws comes to the fore during the conflict situations such as in matrimonial disputes between mother and father as natural guardians. Therefore…

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MEDIATION

The State supremacy lies in its coordination among three organs  Legislature, Executive & the  Judiciary. Addressing Disputes through Mediation will lead to saving valuable resources. Today in present scenario there is a alarming high litigation’s pending from lower district courts to supreme court of India. The need of speedy process in time and valuable savings of resource seeks an alternative method in an approach for sorting out the grievances and redressal through a mechanism called…

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Insurance Laws (Amendment) Bill,2015

GOI gave birth to Insurance Laws (Amendment) Bill, 2015 on 2nd March 2015 in Lok Sabha and 12th March 2015 in Rajya Sabha. This bill was expected to be a rebirth for all other existed insurance laws. The expectation was not destroyed. The Insurance Laws (Amendment) Bill, 2015 has replaced the old-fashioned laws and policies with laws that suit today’s scenario. Major motive of Insurance Laws (Amendment) Bill, 2015 was to provide higher liberty to…

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Crony Capitalism

Crony Capitalism is a pejorative term used to refer to the corrupt business dealings carried out by  government officials in a  capitalist economy . What is it that politicians do when they become ministers ? They help their family members and friends make money by awarding them government contracts , legal permits , special tax breaks etc. This favouritism that they show towards family members and friends is calling called crony capitalism , ‘crony’ as being…

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It’s a GMO – Your Honour !

Public legislation and litigation measures impounded on various biotechnological firms across the world are frowned upon by the market capitalists as anti-welfare strategies. But to see the other side of the coin is a long tedious ride into reality. Despite the derogation and resilient attitude of the ‘Big’ firms, it is very practical for the government to put a check on life-altering activities that are being performed by them on a daily basis. The legal…

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Industrial Safety and Standardization in SMEs

Safety and Standardization implies Higher Growth and Development of SMEs, lead to at par with Global Competition Occupation Health and Safety (OHS) or Safety, Health and Environmental (SHE) are prime concern of government in accordance to achieve ‘Make in India’ policy with Zero Defect &Zero Effect ideology.   The OSH is the science of anticipation, recognition, evaluation and control of hazards arising in or from the workplace that could impair health and well being of workers. The number of…

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ISO in brief

Standardization is International Objective to Act Globally ISO is the International Organization for Standardization. It has a membership of span of 160 national standards institutes from countries developed and developing, big and small in all regions of the world. ISO’s portfolio of more than 18000 standards provides practical tools for all three dimensions of sustainable development of economic, environmental and societal. An ISO standardization benchmark for business, society, and government as a whole make a…

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Section 377 violation of your fundamental rights

Section 377, Indian Penal Code, 1860 (hereinafter ‘IPC’) was enacted by the British colonial regime to criminalize ‘carnal intercourse against the order of nature’. It was rooted in the Judeo-Christian religious morality that abhorred non-procreative sex. Section 377, IPC reads as: “377. Unnatural offences.—Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which…

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Cooperative Society : Principles

Cooperation is a act of Voluntary execution strategy The Cooperative society in it have objectives of  promoting the interests of its members in accordance with the principles of cooperation. Therefore the cooperative society incorporates different strategy than other form of business. The main characteristics includes  Open membership policy – That means its open to all those of have common interest. Voluntary association – Members can exit at its will and join as long as they can. State…

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