by IJLMH | Dec 15, 2020
The doctrine of ostensible owner has been laid down under section 41 of the Transfer of Property Act,1882. The term ostensible signifies something which is not real or true in nature and therefore the term ostensible owner can be understood as someone who is not the real owner yet represents as one during the transfer of the property to which he is an owner to.
The Doctrine of Ostensible Owner was established to protect the rights of 3rd party to whom the property was to be transferred to. The Doctrine of Ostensible owner is based on 2 maxims, i.e., Nemo dat quod non habet and nemo plus juris and alium transferee potestquamipsa habet However, there are certain essentials that needed to be fulfilled in order to be called as an ostensible owner. Ever transfer authorized by an ostensible owner is valid according to section 41 of the transfer of property act.
Under this project, the research tries to adapt a detailed study about section 41. The research tries to unveil the nuances related to ostensible owner. The project had deeply analyzed landmark cases such as Ramcoomar Koondoo V. John and Maria McQueen and Jaya Dayal Poddar Vs Bibi Hazra to understand the origin of the doctrine and tests established by court to confirm the essentials of the doctrine. The project has also unravelled the understanding of each term associated to the topic as well as analyzed the essentials to fulfill the doctrine.
After reading the project, the reader will attain high knowledge of Section 41 as well as intricacies related to it.
Keywords: Ostensible, owner, essentials, consent, implied, express, Transfer, Valid, rights of third party.
by IJLMH | Dec 13, 2020
On the outset of the increase in alertness and restrictions imposed against Chinese investments in India, the Indian Council of Investors (ICI), an investor association group, suggested to the Ministry of Finance to initiate a strong approval-based regime for both FDI and Foreign Portfolio Investment (FPI) rules, where the investment crosses a certain threshold. Moreover, the recent situation, where of China’s central bank showed its interest in Housing Development Finance Corporation (HDFC), raised several concerns which were critical since the plunge in HDFC’s share price which was essentially caused due to the Coronavirus- led hold up in the economy.
On April 11, 2020 People’s Bank of China (PBC) raised its stake of ownership in HDFC Bank to 1.01 percent from 0.8 percent. Various media reports also cited that Ministry of Finance was ruffled as market regulator; SEBI had not raised red flags when PBC was buying shares in HDFC. No law currently restricts central banks of other countries from investing in Indian commercial entities. However, this move by PBC is unusual considering that central banks typically buy bonds of companies in other countries, and not equities. Investments by Chinese companies and institutions have attracted widespread scrutiny from all over the world since the beginning of this pandemic. As COVID-19 continues to threaten lives and livelihoods across the globe, businesses and their assets are not reflecting their true value, thereby becoming attractive targets for hostile takeovers and acquisitions.
In light of this, Rule 3.1.1 of Foreign Exchange Management (Non-debt Instruments) Rules, 2019 was amended. The new amendment in question requires certain investments from countries outside India as FDI to come through the government approval route alone, and not under the direct route of investment. Wherein, with the new amendment, FDI in these cases would require an approval from the Government of India, which would mean that the government would be able to monitor the extent of these investments and give its approval, should it choose to do so. The initiative by the Government is to block direct investments from mainly China; these Chinese companies may buy assets at lower valuations and act for serving their personal agenda. Therefore, this paper aims to critically analyse the amendment and tries to establish whether such amendment is needful in the longevity and smooth functioning of India’s national security.
Keywords: Foreign Direct Investment (FDI), market regulator, Foreign Portfolio Investment (FPI) rules, Foreign Exchange Management (Non-debt Instruments) Rules
by IJLMH | Dec 13, 2020
There have been numerous amendments and bills that have been legislated and made in the past few years. Some of the bills have not yet been implemented, some have not even been acknowledged, while some have been enacted. One bill that has become an act in recent times is the Consumer Protection Act, 2019. Over the period, there has been a humongous change evolved concerning the consumers. One of the common and standard definitions used is, a person who buys goods and services is called a consumer. As its definition has emerged across time, so has its function. Further, the roles of producers and other auxiliaries have too fairly developed. These changes can be attributed to the technological advancements and better lifestyles of the civilisation. These consumers have various rights, and if these rights are violated, they can file a petition in the Court. These cases have specialised courts for them. They are known as Consumer Courts. This paper thus analyses this Consumer Protection Act of 2019 in detail, and also would throw light into the various changes that have been introduced in the new enactment with comparison to that of the old one. It would further draw in multiple improvements this act would bring in significant domains of society.
Keywords: Consumers, Producers, Rights, e-Commerce, Internet.
by IJLMH | Dec 13, 2020
Personal laws in India are made by the legislature, directly or indirectly by taking their sources from customs. Women, for a long time, have been marginalised by these customs or practices. The purpose of law is to reform the social state, to open the society to newer and better ideas and practices. Discrimination of women around the world has been blatantly committed, and tolerated, even in its legal form. The Indian personal law system very visibly portrays a conflict between India’s international women’s rights commitments and their application in the country.
Keeping this history of personal laws in India as the backdrop, this paper aims to examine the interrelationship between rights of women in India and statutory family laws. This paper aims to weigh religion-based rights of women in India with rights offered to them internationally. Through this paper, the author hopes to highlight the blatant discrimination faced by women of the Hindu and Muslim communities in India and aims to provide a legal analysis of the on-ground reality of the problems faced by women due to religion-based discrimination.
Keywords: Hindu personal law, Islamic law, customs, women, discrimination.
by IJLMH | Dec 13, 2020
The article talks various aspects to Regional Tarde agreements, dealing with its advent, reasons for the increase in RTAs, its impacts on global multilateral trading system and its advantages and Disadvantages. In present times Regional Trade agreements contributes to a major portion of Global trading working parallel with the Multilateral trading system of WTO. Every country wants to increase its economic growth and for that purpose Regional Trade agreements with the neighbour countries or the trading partners are not a bad option reducing trade barriers, Tariffs and other duties which are levied on the import & export generally. Some countries have even set a benchmark by adopting such policies in RTAs setting precedents for the multilateral trading system for future rule making. RTAs has gained so much scope that goes beyond current multilateral trading system including area like – Infrastructure, Investment, Intellectual property, Competition measures etc. The Article will discuss all the major impacts of Regional Trade agreements.
Keywords: Regional Trading System, Multilateral Trading System, Non-Discrimination, Trade Barriers, Developed & Developing Countries.
by IJLMH | Dec 13, 2020
Although, Mediation is considered a more flexible, cost effective method, the lack of International Guidelines and the want of decision being binding are the biggest deterrents to its popular usage., The lack of international guidelines, legislations or processes which could ensure that such agreements could be recognized and enforced internationally meant that the result of a Mediation would often be effectively to the status of contracts only and would often require further court proceedings to force the compliance, incase one of the parties defaulted to the agreed terms. This has resulted, in mediation comparing unfavorably to arbitration. And the COVID-19 Pandemic, on the other hand, has accelerated the need for alternate means of Dispute Resolution, since the traditional Justice Systems across the globe have been significantly hit. The Pandemic has resulted in the accelerated meteoric downslide in the global economy, which impacts the investment made by the public in the Judicial Process too.
The Singapore Convention, of which India is a signatory, has been streamlined with the aim to give Mediation the same iron-cast effect that the New York Convention gives to Arbitrations. The Preamble of the Convention aims to make mediation settlements easier to enforce internationally, and binding across the countries that have ratified the same, eliminating the need for the parties to initiate new legal proceedings.
This article attempts to sift through the Convention and attempt to understand and explain how the Convention aims to tackle the process and provide relief. This article also aims to explain how this Convention will affect the Indian lawscape, as India is a signatory of the same and currently does not have a separate legislation dealing with the Mediation Process.
