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LEGAL MEDIA GROUP BY THE PEOPLE. FOR THE PEOPLE. OF THE PEOPLE. ` 70 | US $7 | £5www.legalera.in | October 2013 Vol. IV Issue VIII
India’s No. 1 Legal and Corporate Awareness Magazine
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T IS
MIG
HTLEGAL MEDIA GROUPLEGAL MEDIA GROUPLEGAL MEDIA GROUP BY THE PEOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE........ FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOORRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE PPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE....................... OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOFFFFFFFFFFFFFFFFFFFF THE PEOPLE.
`̀ 70 | US $7 | £5$www.legalera.in |||| OOOOOOOccccOOOOOcccOOOOccOOOcccOOOccOcOOOOcOOOccccOOOOcOctototototottotootottooobbbbbebbeebeeebeebebebebeeeebeebeeebbbeeerrrrrrr r r 2220002202020201131313133131113113113 VVVVVVVV llolololololol.. . . IVVVVIVVV IIIIIIIIsssssssssssssssssssssssssuueueueueeuueeueueuuee VVVVVVVVVIIIIIIIIIIIIIIIIIIIIIIl l i | OOOOOOO ttt bbbb 222000131313 VVV ll IVVV I VVVVIIIIIIIRI
GHT
80P.
32Justice Verma'sTruth behind
deathThe Gambling Quotient Of Online Rummy
Shaping IP Law In Conversation With Anand And Anand 36 40
Editor’s Choice
Ashok K. RaizadaEditor-in-Chief
For more details, please write to us at [email protected]
3 LegalEra | October 2013
This saying holds true for the judgement of the December 16, 2012 gangrape in Delhi. All four convicts were given death penalty by the additional sessions court in Saket. The judge said that “the
collective conscience” of the nation had been shocked by the crime and that the court needed to “send out a strong deterrent message”. He justified his “death for all” ruling by terming this as one of the “rarest of rare” cases.
However, we must recognise that this is an exception rather than the norm. We need to consider the systemic changes that are necessary to make existing laws effective, including better policing, better investigation into crimes, and a reformed court system that ensures justice is both not delayed and not denied.
In this month’s issue, we have covered the two long-awaited and landmark bills passed by the Parliament in this monsoon session. The National Food Security Bill and The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill. The latter has been much debated and has finally replaced the obsolete Land Acquisition Act of 1894. Both bills are an attempt to ensure that our basic rights of entitlement to food and land are no longer denied to anyone in the country.
LegalEra's IT, Cloud Computing & CIO Technology Legal Forum 2013, which was held on September 13, 2013, in Bengaluru, was a grand success. It was based on the theme of ‘Tomorrow’s IT – Challenges, Opportunities & the Future’. The guests of honour were R M Agarwal, DDG (NT), DoT and Prof. (Dr.) R Venkata Rao, Vice Chancellor, NLSIU, Bengaluru. The event was conceptualised to help understand legal risk management in a multi-vendor IT environment.
LegalEra is happy to announce the next event, ‘International Arbitration Law Summit (IALS) 2013’, which is scheduled for October 26, 2013, in New Delhi, and based on the theme: “The Big Debate – Litigation v/s Arbitration.”
We need to consider the systemic changes that are necessary to make existing laws effective, including better policing, better investigation into crimes, and a reformed court system that ensures justice is both not delayed and not denied
“An eye for an eye only ends up making the whole world blind.”
- Mahatma Gandhi
Shukla Wassan Sr. Vice President-
Legal & Co. Secretary, Hindustan Coca-Cola
The Forum for International Arbitration provides practitioners to discuss issues and developments in international arbitration, with particular focus on the Asia-Pacific region. It provides a platform where attendees participate in informal discussions and can ask questions and share knowledge based on their international arbitration experience. The topics range from current legal developments and further abroad, to practical hints on the conduct of international arbitration.
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First published in March 2010LegalEra aims to provide “in the trenches” editorial that gives Common
Man, Law Students, Lawyers, Business Leaders and Corporate Managements a detailed outlook of the current legal scenario.
October 2013 Volume IV Issue VIII
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Credits
6 October 2013 | LegalEra | www.legalera.in
Oct
ober
201
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8 October 2013 | LegalEra | www.legalera.in
Con
tent
sSHAPING IP LAW:
03 Editor’s Note10 Feedback11 Open Bar12 World @ Glance16 Nation @ Glance20 Highlights24 Within the Circle 52 InJuncture62 InJuncture67 Milestones70 Book Review72 Legal Precepts73 Mind Boggling76 Fun ‘n’ Frolic78 Event Calendar
REGULARS
Who’s Land Is It After All?
Truth behind Justice Verma's Death
NOTA Is The First Step Towards A Truly Democratic Polity
The Land Acquisition Bill tries to answer this question
It was caused due to one of the common reasons in India - Medical Negligence
The NOTA option does open up a window for the voters to voice their disgust against the parties
32
Introducing the National Food Security Bill is a welcome step in a nation besieged by poverty. The bill needs to be addressed before it can become a panacea for the evils of malnutrition and hunger
28 28
30
32
35
Food For Thought
POLICY ALERT
ZOOM IN
CONTOUR
On the occasion of completion of 90 years in the field of Intellectual Property Law, LegalEra profiles the journey of
one of the topmost names in the field
40
SHAPING IP LAW: ANAND AND ANAND
India’s No. 1 Legal and Corporate Awareness Magazine
9 www.legalera.in | LegalEra | October 2013
Beyond Corporate Agency!Should the relationship between the Corporate Agent and the Insurance Com-pany be streamlined to allow for aspects of ‘conflict of interest’ and ‘related party’ to be addressed specifically and efficiently. By bringing more trans-parency and accountability, it would probably lead to Banks and Insurance companies leading a better relationship beyond corporate agency
By Veena Sivaramakrishnan & Arunabh Choudhary
Non-Compete And M&AWith the non-compete clause becoming standard practice for mergers and acquisitions, it becomes the job of the competition commission of India to analyse the same and make sure there is no hindrance to healthy competition in any sector
By Laksh Kundlas
36
46
49
54
58
ZOOM IN
OUTLOOK
LET’S UPHOLD
LET’S UPHOLD
BARELY LEGAL
Is The Efficacy Of AAR Rulings Undermined?Having a forum such as the AAR for certainty in non-residents’ tax matters is extremely beneficial no doubt; however the efficacy and effectiveness of the forum should not be compromised while providing a carte blanche remedy in other forms
By Daksha Baxi, Shabnam Shaikh
54
46
36With the Madras High Court’s views unsettling the position of law on collection of stakes from the game of rummy, the burgeoning ambiguities pose a hindrance to the business models of its online avatar
By Smitha Krishna Prasad, Ranjana Adhikari & Gowree Gokhale
The Gambling Quotient Of Online Rummy
TRAI Locks Horns With CCI Over Aggregators
While TRAI wants to considerably clip the role of aggregators in the Indian broad-casting industry, the CCI seems to view things differently
By Amit Kumar, Saurav Kumar & Ambarish
58
49
