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31 January, 2009
Companies [Appontment and Qualifications of Secretary] Amendment Rules, 2009 [India]
Intellectual Property is the Future Strength for the US Economy
They argue that the strength of US is its IP reserves and Innocation. According to them the US is the Saudi Arabia of IP reserves as it hold 33 percent of the world's patent reserves.
The Intellectual Property Sector is providing a huge trade surplus to the trade accounts of the Beleaguered US Economy. The IP sector alone contributed more than US$ 60 billion in the year 2007.
The Obama Administration should take steps to protect the plethora of IP which it possesses and not make the mistakes which it made in the past by forcing companies to open their patent portfolios. This move was taken in order to promote 'Competition'. Nearly 50,000 patents were given off, plunging many huge american businesses into a 'competitive crisis'.
The reforms in the Patent sector these days risk another massive give away of American knowledge and innovation for free, when the country needs it badly for its economic survival.
Only time will tell how the new Obama Administration would deal with this issue and help protect the Knowledge which America has created over a long period of time.
For more on the Forthcoming book of Blaxill and Echardt please
20 January, 2009
CLOSING ESCAPE ROUTES :Don’t let Brits acquitted of child abuse flee: SC to cops
Source:-The Times of India Delhi 20 January 2009 2008 P.11
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SC: Pendency of exit poll bill no deterrent for EC
Source:-The Times of India Delhi 20 January 2009 2008 P.11
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MAYA ASSAULT CASE:SC admits plea against Mulayam’s acquittal
Source:-The Times of India Delhi 20 January 2009 2008 P.11
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JUDGES BACK JUDGES :CIC Order Asking CJI To Disclose Details Stayed; Notice Issued To RTI Applicant :Judges’ assets: HC comes to SC’s rescue
Source:-The Times of India Delhi 20 January 2009 2008 P.9
Assault outside class not corporal punishment: SC
Source:-The Times of India Delhi 20 January 2009 2008 P.9
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18 January, 2009
RESTRAINED FROM MAKING IT A PRIVATE CO :HC stops Rajan Nanda from converting Escort
Source:-The Times of India Delhi 17 January 2009 2008 P.23
Tougher law must to check vandals: SC
Source:-The Times of India Delhi 17 January 2009 2008 P.9
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बेवफाई के लिए पत्नी भी सजा पाएगी!
09 January, 2009
Adultery is offence under Indian Penal Code
- That the accused had sexual intercourse with the woman in question;
- That she was the lawful married wife of another man;
- That the accused knew or had reason to believe that she was the lawfully married wife of another man;
- That the husband of the woman did not consent to or connive at such intercourse;
- That the sexual intercourse so had did not amount to rape.
Adultery is not an offence under the English Law, and some of the most celebrated English Lawyer have considered its omissions from the English Law to be a serious defect.
The cognizance of this offence is limited to a adultery committed with a married woman, and the male offender alone had been made liable to punishment. Thus, under the Indian Penal Code, adultery an offence committed by a third person against a husband in respect of his wife. It is not committed by a man who has sexual intercourse with an unmarried woman, or with a widow, or divorced woman or even with a married woman whose husband consents to it.
It must be noted that wife can be punishable as an abettor. It is now felt that , with the advance of civilization, it would be more consonant with Indian ideals, if the woman also is punished for adultery.
Defences available to accused:- The following defences are available to the accused of adultery-
- There was not sexual intercourse.
- The accused did not know the woman to be the wife of another;
- The husband of the woman consented to or connived at the act of intercourse; or
- The complainant was neither the husband of the woman nor any other person permitted to prefer such complaint under Cr.P.C.
The punishment for adultery is the imprisonment for five years, or fine or both.
Burden of Proof:- It is very difficult to produce direct evidence to prove an act of adultery. Adultery is a matrimonial offence as well as a criminal offence. The requirement of proof in a criminal case is stricter than the requirement in a matrimonial case. In the former case the act is to be proved beyond reasonable doubt, whereas in the latter the evidence is based on the inferences and possibilities. Thus the offence of adultery may be proved by:
- Circumstantial evidence
- By evidence as to non-access and birth of a child
- By evidence of visits to brothels
- By contracting venereal diseases
- Confession and admission to parties
- Preponderance of probability
05 January, 2009
LAWS FAIL THE ACID TEST AS ATTACKS RISE
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No justification needed to seek info, says CIC :YOUR RIGHT TO KNOW
Source:-The Times of India Delhi 4 January 2009 2008 P.9
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02 January, 2009
National Council in offing to check quality, accountability of hospitals
Source:-The Times of India Delhi 2 January 2009 2008 P.20
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SC Orders Fresh Probe, Imposes Fine Of Rs 50,000 On Army-Run School For Ignoring ’97 Ruling :Army inaction on sexual abuse draws flak
Source:-The Times of India Delhi 2 January 2009 2008 P.12For any query:- legalpoint@aol.in
Prosecution can’t suppress proof that can help accused: SC
Source:-The Times of India Delhi 2 January 2009 2008 P.11
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01 January, 2009
Justice eludes women victims
Source:-The Times of India Delhi 31 December 2008 P.13
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Legal body rapped for RTI delay
Source:-The Times of India Delhi 31 December 2008 P. 7
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New law: No arrest for crimes with max term up to 7 years
Source:-The Times of India Delhi 31 December 2008 P. 1
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Nude people too have right to privacy: Court
Source:-The Times of India Delhi 1 January 2009 2008 P. 26
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