Advocate Rakesh Singh

Rio Olympics - Sports in India INTRODUCTION: Sport is regarded as one of the largest industry globally in terms of employment and revenue. The Business of Sports is a multi-billion dollar global industry propelled by enormous consumer demand. The sports business means many different things to different people. This is a truly global industry, and sports stir up deep passion within spectators and players alike in countries around the world. Sports, a field in which players and champion of every state come together to make their career in it and fulfill their aspirations, their family aspirations, their society’s aspirations, their state aspirations and their nation’s aspirations. It is said that passion can lead man to success. People are now looking at sport business as a career which ten years ago was not an option. Of course, the real and inherent vision of sport remains physical activity and a substitute for war. Yes, you heard it correctly, substitute for war. Team spor...

Model shops and establishment bill The bill is ‘Model shops and establishment bill’ (Regulation of Employment and service bill), 2016. It states that shops, malls, restaurants, cinema halls, banks etc. can operate 24 hours with all 7 days and 24 hours. All such units which employee 10 or more workers are proposed to come under this Act. The draft law proposes to cover all premises, barring factories, or shops with work related to printing, banking, insurance, stocks and shares, brokerage or theatres, cinema and “any other public amusement” which is currently not covered under the ‘Factories Act, 1948’. However, t he law will not apply for government offices and the Reserve Bank of India. So the government will not work for 24x7, though they expect the people to work for 24x7. The bill has been passed by the Union Cabinet on 29 th June, 2016. This bill is issued as an advisory to the states & it is up to the states to take it up or make changes and thus is subject ot state ...

RIGHT TO INFORMATION & EVIDENCE This is a time when lot of information is being gathered with the help of RTI Act. In fact there are specialists in the field popularly known as RTI Activists. Without going into the motive of the RTI Activists and thinking purely from legal point of view the question arises is “Does the information gathered under the RTI Act can be termed as a good evidence under the Evidence Act”. The Information given under the RTI Act is in reply to the information sought by the Applicant under the RTI Act. Thus reply is correlated to the query and has to be in context of information that is sought. Thus any reply can never be read in isolation and has to be read along with the information sought. Further, the information may not be complete and it is only based on what is there in record and is in reply to the query and therefore it is important to have the copy of the documents based on which the information is provided. This certified copy can be ter...

CDs are documents and can be considered as evidence under law: SC The Supreme Court has ruled that a compact disc (CD) is a document under Section 3 of the Indian Evidence Act, 1872. The Court also held that a CD has to be exhibited/played by the trial court to enable the public prosecutor to admit or deny its genuineness under Section 294 of the Code of Criminal Procedure (CrPC). The decision was rendered by a Division Bench of PC Pant and Dipak Misra JJ. in an appeal against the decision of the High Court of Punjab and Haryana in the case of Shamsher singh Verma Vs. State of Haryana. The appellant accused is on trial for molestation of his niece and is currently lodged in jail. He had sought to rely on the recording of a conversation between his wife and son, and the father of the victim. The appellant had  moved an application Section 294 of CrPC to get the CD played in the court for preserving a copy of the text contained, and therei...

One of the most conspicuous and significant outcome of the process of globalization and liberalization has been the opening up of economies of evidently all the countries around the globe. There has been mounting pressure from members of the WTO for opening of the legal services sector in India. On the other hand, there has been a strong apprehension of the Bar Association of India and particularly the Bar Council of India in permitting foreign law firms to enter India as according to them, it may lead to the shrinking of opportunities available to the domestic lawyer. As India is a signatory to the General Agreement on Trade and Services (GATS), it has an obligation to liberalise its legal sector. It has not been able to make much headway on this due to stiff opposition from Indian lawyers' representative bodies Bar Council of India (BCI) and Society of Indian Law Firms (SIFL) and legal cases against allowing foreign law firms to practice international law in India. The ...