The right of foreigners in Italy

TEXTS BASIC REGULATIONS IN  FOREIGN, IMMIGRATION, ASYLUM, CITIZENSHIP, DISCRIMINATION STATE SUPERPRIMARIES STANDARDS Constitution of the Italian Republic Constitutional Law 21 June 1967, n. 1 Extradition for crimes of genocide (asylum right, human rights) SUPERPRIMATE RULES ARISING FROM INTERNATIONAL OBLIGATIONS Convention on refugee status signed in Geneva on July 28, 1951, ratified and enforced by law July… Read More The right of foreigners in Italy

Right of the Victim including in private complaint has right to file appeal

In its judgment in Satyapal Singh v. State of M.P. & Ors. [2015 (4) MLJ (Crl.) 219 (SC)], in para 11, it observed as follows:- “The Full Bench of the High Court of Delhi after examining the relevant provisions under Section 2(wa) and proviso to Section 372 of Cr.P.C., in the light of their legislative… Read More Right of the Victim including in private complaint has right to file appeal

Sexual Right of the LGBT Community recognised by Indian Supreme Court

Section 377 of Indian Penal code, so far as it criminalises even consensual sexual acts between competent adults, fails to make a distinction between non-consensual and consensual sexual acts of competent adults in private space which are neither harmful nor contagious to the society Section 377 of the Indian Penal Code has been declared unconstitutional… Read More Sexual Right of the LGBT Community recognised by Indian Supreme Court

When the right of an executor or a legatee under a Will can be established

The said suit, wherein the validity of the sale deed executed in favour of the appellant by Avarani Bose is questioned, has been pending without a decision for more than a decade. The first respondent has not even chosen to appear in this appeal nor explained the delay in securing probate, thereby lending credence to… Read More When the right of an executor or a legatee under a Will can be established

Supreme Court may declare that Section 377 violated the right of sex under Article 21 of the LGBTQ community – Govt posed Stoic silence !

JULY 17, 2018 16:27 IST CHIEF JUSTICE’S COURT W.P.(C) No. 373/2006 PIL-W INDIAN YOUNG LAWYERS ASSOCIATION AND ORS. R. P. GUPTA Versus THE STATE OF KERALA AND ORS CONSTITUTION BENCH COMPRISING HONBLE THE CHIEF JUSTICE, HONBLE ROHINTON FALI NARIMAN, HONBLE A.M. KHANWILKAR, HONBLE DR. D.Y. CHANDRACHUD AND HONBLE INDU MALHOTRA, JJ. While reserving the Judgment by Supreme… Read More Supreme Court may declare that Section 377 violated the right of sex under Article 21 of the LGBTQ community – Govt posed Stoic silence !

Within the Court, the right of audience of an advocate is to be regulated by the Court itself

 SUPREME COURT  in Harish Uppal v. Union of India held as under: “34. One last thing which must be mentioned is that the right of appearance in courts is still within the control and jurisdiction of courts. Section 30 of the Advocates Act has not been brought into force and rightly so. Control of conduct in court… Read More Within the Court, the right of audience of an advocate is to be regulated by the Court itself

Hindu Woman’s Property Right in Context

 Under The Hindu Women’s Right to Property Act, 1937 Offerings from relations:- This is a acknowledged form of the stridhan. Gifts given to woman, throughout maidenhood, coverture or widowhood, by her parents and their relatives, or by the husband and his relatives. The Dayabagha School does not identify gifts of permanent property by spouse as stridhan. Offerings from… Read More Hindu Woman’s Property Right in Context

United Nations Convention on the Rights of Persons with Disabilities

MINISTRY OF FOREIGN AFFAIRS Interministerial Committee of Human Rights The UN Convention  on the Rights of Persons with Disabilities Signed in New York on March 30, 2007 (November 5, 2007) CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES Preamble The States Parties to the present Convention, (a) Recalling the principles proclaimed in the Statute of the… Read More United Nations Convention on the Rights of Persons with Disabilities

Alternative remedy shall not bar application u/a 226 of Constitution on grounds of fundamental rights, natural justice and challenging Vires

(2011) 2 CalHCN 28 : (2011) 129 FLR 322 : (2011) LabLR 597 : (2011) 4 LLJ 121 CALCUTTA HIGH COURT DIVISION BENCH ( Before : Sambuddha Chakrabarti, J; Baskar Bhattacharya, J ) PARAMOUNT LEATHERS — Appellant Vs. REGIONAL PROVIDENT FUND COMMISSIONER AND ANOTHER — Respondent F.M.A. No’s. 65 and 66 of 2010 Decided on… Read More Alternative remedy shall not bar application u/a 226 of Constitution on grounds of fundamental rights, natural justice and challenging Vires

The Tripura Education Institutions (Acquisition of Right, Title and Interest) Act, 1980

An Act to provide in the public interest for the acquisition and transfer of the right, title and interest of certain educational institutions in Tripura, with a view to secure better and efficient management thereof and for matters connected therewith and incidental thereto. Be it enacted by the Legislative Assembly of Tripura in the Thirty-first… Read More The Tripura Education Institutions (Acquisition of Right, Title and Interest) Act, 1980

West Bengal Services (Duties, Rights and Obligations of the Government employees) Rules, 1980

1. Short title, application and commencement—(1) These rules may be called the West Bengal Services (Duties, Rights and Obligations of the Government employees) Rules, 1980. (2) They shall apply to all employees ot die Government of West Bengal: Provided that nothing in these rules shall apply to persons appointed to any All India Service and members of the… Read More West Bengal Services (Duties, Rights and Obligations of the Government employees) Rules, 1980

Intellectual property of copyright in case of derivative work prepared from sources in the public domain

In order to claim right in the derivative work containing the original material, the plaintiff is to show adaptation, abridgement, arrangement, dramatization or translation in his work entitling him to have certain rights. In order to qualify for independent right in derivative of collective work, the additional matter injected in a prior work on the matter of rearranging or otherwise transforming a prior work must constitute more than the minimal contribution which can be ascertained only if the prior work and the work done by the plaintiff is produced. In Eastern Book Company and Others Vs. D.B. Modak and Others and Mr. Navin J. Desai and Another, it was held that the copyright can be claimed in derivative work only in the following manner… Read More Intellectual property of copyright in case of derivative work prepared from sources in the public domain