Sampling is taking a small element of music recording and re-proportionating it into a new piece of work. Samples are very short snippets that are highly manipulated and completely re-contextualized. The method is predominantly used in the genres of rap, hip-hop, electronic dance music and rock.
The article seeks to provide a bird’s eye view of the legislation governing the legal way of terminating pregnancy, the Medical Termination of Pregnancy, 1971, and in the process also tries to strike a balance between the flip and flop sides of the Act. The gaps in the legislation, as highlighted here, merit attention of the enforcers and the beneficiaries equally to guard against misuse, the remedies suggested need to be kept in view by the law-makers.
The case being dealt with in this paper is State of West Bengal v. Anwar Ali Sarkar.[1] This case deals mainly with the applicability of Article 14 of the Constitution of India on the West Bengal Special Courts Act, 1950 and the Court was to decide on whether the Act was unconstitutional or valid. I am going to analyze the judgment given by the Supreme Court in this regard.
Part XI of the Indian Constitution describes the legislative relations between the States and the Centre. Article 254 to establish the doctrine of Repugnancy is one of the laws laid down under the Indian Constitution as a safeguard to solve disputes arising between the states and the Union. ‘Repugnancy’ is meant to express ‘conflict’, whereby there is an expressed inconsistency between the State-made law and the Union-made law.
India is a democratic country. The head of the country is elected by the people of the country. The Government of the country possesses the authority to work for the welfare of the country on behalf of the people. The final decision making power regarding the welfare of the country is in the hands of Government.
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Technology evolves by leaps and bounds while the evolution of law occurs at much slower pace. The year 1999 heralded a new revolutionary service on the internet – Napster- brainchild of an 18 year old college dropout Shawn Fanning. Napster was essentially a service used to find and download music on the net. Napster was based on the “peer to peer” file sharing technology.
In India, as per the enactment of Competition Act, 2002 (the Act) w.e.f. 14.01.03, Competition Compliance Programs (CCPs) are necessarily required to be set up within the organization or the requisite services may be outsourced. Essentially, CCPs are required because all enterprises are expected to act in consonance with the competition laws of the country. This would ensure that the markets are competitive and there is no abuse of dominance by any player in the market.
The Directors of a Company act as agents of the Company and enter into contracts and arrangements on behalf of the company. Sometimes, in the course of such transactions, the Directors may have some personal interest in the transactions to be entered into by the company. Since they occupy such a key position requiring trust and utmost good faith, the Companies Act, 1956 has laid down extensive provisions to prevent the misuse of rights and powers by the directors.
The Bombay High Court, recently on 16.09.2009 in Abhijit Bhikaseth Auti v. State of Maharashtra and Anr., held that it was not necessary for the woman to strictly establish the marriage to claim maintenance under Section 125, CrPC. This progressive judgement by Justice Abhay Oka is yet another strive towards securing legal recognition to live-in relationships at par with marital relationships.
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