LEXIS AND COMPANY

  APPLICABILITY OF RES JUDICATA IN INTERIM APPLICATIONS It is well settled that Section 11 of the CPC is not the foundation of the principle of res judicata, but merely a statutory recognition thereof and hence, the provision is not to be considered exhaustive of the general principle of law. According to the Explanation VII of the Section 11, CPC, this provision also applies not only to suits but also to the issues in the same suit. Along these lines, this teaching of Res Judicata is a basic idea dependent on open policy and private interest. It is imagined in the bigger public interest, which requires each & every litigation to conclude. It, along these lines, applies to civil suits, execution proceedings, arbitration proceedings, taxation matters, writ petitions, authoritative orders, interim orders, criminal proceedings, and so on Standard litigation being a party or asserting under a party of a previous suit can't maintain a strategic distance from the pertinence of sectio

 SCHEMES OF WORKERS’ PARTICIPATION IN MANAGEMENT HISTORY Participation of workers in the management of industrial enterprises has been considered for many decades by the Indian government to be an effective means of ensuring industrial peace and promoting increased productivity. To this end, the Government of India has taken several steps to promote participation in management. In 1947, the Industrial Disputes Act required the formation of bipartite Works Committees. 1 In India the idea of workers' participation was actually supported and encouraged by legislation, by incorporating it in the Industrial Disputes Act, 1947, which provided for establishment of Statutory Committees called Works Committees. SCHEMES Since then, there have been some significant developments in the matter of implementation of this concept. There are five distinct stages of participative management in India: i. Works Committee (Chapter II, Section 3 of the Industrial Disputes Act, 1947): The Industrial

  Custodial torture and violence Custodial violence is referred to as the violence, torture, rape or death of the person while he/she is in the police of judicial custody. This torture can be physical or mental. According to National Human Rights Commission (NHRC), a total of 1,067 people died in custody in the first five months of 2021. On average, 5 custodial deaths occur every day. Annual Report on Torture 2020 released by the National Campaign Against Torture (NCAT) reported that the highest number of custodial deaths were reported from Gujarat and Uttar Pradesh with 11 custodial deaths each; followed by 10 in Madhya Pradesh; nine in West Bengal and so on. India is the world’s largest democracy. The increased no. of custodial deaths raises a huge doubt on its police system. The police department, which is supposed to prevent crime and disorder is put to a big question here. Peter Benenson, founder of Amnesty International rightly said: The candle burns not for us, but for all those

  EU external action carried out in cooperation with the UN/NATO in terms of crisis management It has always been the position of the European Union that its obligations in the domain of human rights are drawn from its own internal legal system. According to this narrow interpretation, the EU is simply bound to refrain from violating human rights while acting (i.e., a negative requirement to respect human rights), and effectively only to respect the rights mentioned in the European Convention on Human Rights. Due to its status as an intergovernmental organisation relating to international law, the EU is destined by customary international law, treaties to which it is a party, and human rights treaties that have been entered into individually by Member States in accordance with the principle of succession or substitution. This would extend the scope of relevant rights well beyond those set down in the European Convention on Human Rights to encompass duties under other international trea

  European Commission The European Commission, along with the European Parliament and the Council, is one of the three primary decision-making institutions of the EU, along with the European Parliament and the Council. The European Commission is responsible for representing and defending the interests of all EU citizens. It serves as the executive branch of the European Union's executive branch. Specifically, it is in charge of introducing legislation (right of initiative), implementing decisions, maintaining the Union's treaties (treaty guardian), administering the EU budget, programmes, and overseeing the day-to-day operations of the European Union. The European Commission's Function The European Commission serves as the European Union's executive branch. It has four primary functions: Legislative role - drafting legislation and presenting it to the Parliament and Council; Implementation function – enacting EU policies; Legal role - jointly with the Court of Justice,

  Multimedia laws in India Within the business world, the phrase "multimedia" has a variety of meanings and definitions. One definition applies to the computer sector, another to the entertainment industry, and yet another to the telecoms industry. "The phrase may signify nearly whatever the user wants it to mean," says one expert in the industry. Because the intended use of multimedia in each business necessitates that certain characteristic of multimedia be more relevant to each industry than others, many definitions of multimedia exist. Despite our reluctance to give multimedia a single definition, most industry groups appear to realise that major legal concerns arise when it comes to the ownership and usage of pre-existing material in multimedia output.  Multimedia may be defined as interactive software that includes numerous types of audios, video, graphics, text, animation, photography, and special effects for display and performance on computer-controlled vid

  Right to strike The Supreme Court, which is recognised for favouring democratic human rights and defending their inviolability, appears to be enamoured with the glitz of modern times. The supreme court demands respect in one of the world's largest democracies, where the judiciary is one of the primary foundations upon which the democracy's architecture is built. The history of labour struggle is nothing more than a constant demand for a fair return on labour expressed in many ways, such as (a) pay increases, (b) wage resistance, and (c) allowances and benefits, among others. If a worker tries to obtain these benefits on his own, he will fail due to his lesser negotiating strength, whereas management with a stronger economic background would succeed. The importance of the freedom to strike in a democratic society is emphasised in this essay. It is an attempt to logically analyse the Supreme Court decision in T.K.Rangarajan v. State of Tamil Nadu for this purpose. Taking the ci

                             SHORT NOTE ON LEGAL RESEARCH This Research note is concerned about claiming money from the Employment State Insurance (ESI) policy.  National Workshop on Environmental & Consumer Laws organized by Voice & cuts in 1990 for rights of the litigants. In this workshop Chief Justice PN Bhagwati invited as Chief Guest. Chief Justice PN Bhagwati said it is useless to expect justice from the persons at higher level.  The Employees State Insurance Act, 1948 provide for certain benefits to employees in case of sickness, maternity & employment injury & to make provision for certain other matter in relation thereof.  There is no budgetary allocation for the ESI by the Government of India. The Employees’ State Insurance Act, 1948 provide for certain benefit to employee in case of sickness, maternity & employment injury & to make provision for certain other matter. Section 46 of ESI act provide for the benefits of ESI policy which involve Sickness

                             RESEARCH PAPER ON PM-CARES FUND It is necessary that the authority from whom the information is being sought must be a public authority to fall under RTI act but Government of India clearly stated that PM-CARES fund is not a public authority and no accountability shall be given to the public.  In the case of Union of India V. Association of Unified Telecom Supreme Court ask Telecom companies that how much money they donate in PM-CARES fund . The big setback for telecom firm is that Supreme Court reject the definition of AGR and give verdict in favour of Government of India by imposing Rs 1.47 lakh crore on the telecom as license fees to the Government of India. Department of Telecom had approach Supreme Court proposing staggered payment over 20 years for telecom firm to discharge their AGR dues. Supreme Court judge ask during AGR hearing about contribution in COVID19 relief fund by the telecom companies. The PM-CARES fund highlights in official Government w

  ARTICLE ON ADVERSE POSSESSION By P.Hema Introduction: Adverse possession means ‘hostile possession’, the title adverse to that of the true owner. The true owner of the property has therefore an obligation upon him to sue the person whom he alleges to be in adverse possession. The Limitation Act prescribed the limitation period within which a suit or appeal or application can be instituted in the court to claim relief. Such an adverse possession which is continuous, undisturbed, peaceful, for a period of 12 years, the possessor can claim the title over the property. Related Provisions in The Limitation Act, 1963: Article 65 of the Act provides that prescribed period for filing a suit for recovery of immoveable property is 12 years from the day of adverse possession or from the day when the knowledge of such adverse possession came to the true owner. Article 27 of the Act lays down the rule that with the extinguishment of the prescribed period for filing a suit, app

  2019 MOTORVEHICLE AMENDAMENT ACT  WHY WAS THERE AN AMENDAMENT MADE TO THE EXISTING MOTORVEHICLE ACT IN INDIA , MOTORVEHICLE AMENDAMENT ACT 1988 WAS NOT ABLE TO MEET UP THE REQUIREMENTS OF RISING TRAVEL , MOTORISATION MAJOR SHIFTS AND DIMINISHING ROAD SAFETY ASPECTS .  RISING POPULATION AND ITS IMPACT OVER THE MOTORVEHICHLES WAS NOT KEPT IN LINE .  RURAL TRANSPORTATION WAS IN A DIRE NEED OF SIGNIFICANT REFORM  RISING ROAD ACCIDENTS AND RELATED DEATHS ALSO HELD THE EARLIER BILL UNDER QUESTION .  INCREASED CORRUPTION AND RED TAPISM WAS ALSO A MATTER OF CONCERN .  CAB AGGREGATORS WITHOUT COMPREHENSIVE GUIDELINES CREATED A PROBLEM FOR THE EARLIER BILL AND RAISED AN ISSUE TO AMEND THE BILL .  THE KEY ELEMENTS OF THE ACT ARE: ROAD SAFETY: THE BILL HAS INCREASED THE PENALTIES FOR TRAFFIC OFFENSES AND OFFENSES SUCH AS CHILD DRIVING, DRUNK DRIVING, DRIVING WITHOUT A LICENSE, DANGEROUS DRIVING, SPEEDING, OVERCROWDING ETC. THE PENALTY WILL INCREASE BY 10% EVERY YEAR. MOTOR VEHICLE ELIGIBILITY: T