INDIAN RESEARCH

For a research guide on India's Resources, check out our country-by-country grid or the Foreign Law Guide.

For print primary resources please go to the Lower East Side of the Law Library, call number location KNS.  Here we will have the Constitution of India (KNS1744.5195), selections of Constitutional Debates (KNS1760 .I33 2001) and the following federal case reporters: Supreme Court Reports (KNS18.5.A2 I53), the All India Reporter (KNS24.A2 A45), and Supreme Court Cases (KNS18.5 .A3).  Please note that state cases will also be in the All India Reporter (KNS24.A2 A45).  In addition to federal and state reporters, the Lower East side houses certain specialized reporters like Current Consumer Cases (abbreviated CCC) and the decisions of the National Consumer Disputes Redressal Commission (abbreviated NC).  However, the collection of specialized reporters is not complete in coverage.  Titles such as Consumer Protection Reporter (abbreviated CPR) and Consumer Protection Judgments (abbreviated CPJ) can be ordered by library patrons through Interlibrary Loan.     Other primary print sources, including archived editions of India's constitution, India's Code, and Regulations are available by request from the Library Shelving Facility (LSF) via MORRIS.

For electronic primary resources, the Government of India's web site <http://indiacode.nic.in/> contains primary law, although this is not an official version.  Yale Law Students also have access to India's statutory and case law through the subscription database Manupatra (password on YLS Inside).  In addition, LexisNexis Lawschool (individual password) contains the reported and unreported decisions of the Supreme Court of India, from 1999 to present, as well as select international arbitration agreements.  More specialized information can be found through agency websites, for instance National Consumer Disputes Redressal Commission decisions are available here and the Legal Information Institute has select government publications online, as well listed here. 

For secondary sources, run title searches in MORRIS and ORBIS first.  These catalogs will indicate if we subscribe to a journal in either print or electronic format.  If we do not own a copy of the journal or book that you are looking for, search WorldCat and request the item via Interlibrary Loan using the "Yale Links" button.

For newspapers are kept at Sterling Memorial Library's Newspaper Room for 6 months after receipt.  Some are then archived in microfiche format.  Always check Orbis for currency and title, as well as to find online versions.  Certain papers are also available online through the newspaper's website:

• Bombay
• The Times of India
• Madras
• The Hindu
• New Delhi
• The Indian Express
• The Statesman

                                                            

Lawyers need to adapt to survive loosening regulation

Why do people become lawyers?

In my case, as I suspect for many others, it was largely because my parents thought it a good idea. Some may have watched too much Law or read too much legal notice. Quite a few lawyers I know couldn't think of anything better to do and were attracted by the security and salary on offer. There may have even been the odd one or two inspired by the thought of righting injustices, championing the oppressed and the like. I joke, of course. It's more like three or four.

By law, there are six areas of work – known as reserved legal activities – for which you need a legal qualification: preparing litigation; representing someone in court; transferring land; certain limited aspects of probate; notarial activities; and the administration of oaths. That's it.

For anything else, you can set yourself up as a legal adviser, stick an advert in the local paper, and off you go on your merry, unregulated way. Solicitors need to have indemnity insurance in case they mess up, and collectively contribute to a fund that compensates consumers who are the victims of fraud by dishonest members of their profession. Legal advisers do not.

The reserved list is curious, however, and part of the board's work is looking at how it developed. The restriction on probate, for example, relates just to preparing papers on which to found or oppose a grant of probate, or a grant of letters of administration. Nothing on the actual administration of an estate, say, which one might argue is where the greater risk of mischief lies, and where the reassurance of ensuring it is dealt with by a qualified professional may be essential.

The bad news for solicitors is that unless the board makes the unlikely move of greatly increasing the range of reserved activities, competition will be more fierce than ever and the much predicted shake-out of the profession will come to fruition over the next few years. One leading legal commentator, Professor Stephen Mayson, has been saying for years that there are too many solicitors.

The good news is that solicitors have a lot to fight back with. Research conducted for the Law Society shows confidence among high street lawyers that their local reputation is strong enough to withstand competition from big new entrants to the market. This may well prove optimistic, given that you still come across firms that close at lunchtime, but when I had to buy some terms and conditions for my website, I used an online service run by a qualified solicitor, although the business is a legal consultancy, not a regulated law firm.

Child Labour

Definition

Child labour means exploiting the under age children in any form forcing them to work legally with harms or  abuses them. This abuses may be physical, mental or  sexual depriving the child from their rights of basic  education

International Regulation
UN Convention on the Rights of the Child is an international treaty that recognizes the human rights of children, 192 countries had become State Parties to the Convention

Under Article 1 of this Convention a child means every human being below the age of eighteen years

Under Article 32 of the Convention, the State Parties have to provide minimum ages for admission to employment, provide appropriate regulation of the hours and conditions of employment , provide for appropriate penalties or other sanctions to ensure the effective enforcement.

However, some State Parties do not seriously enforce Child Labour regulations.
During the period 2000 - 2004 the world witnessed a decrease in child labour, since then, this positive trend has slowed down.
According to International Labour  Organization (ILO) estimates, there are some250 million children between ages of 5 and 14 years who are in economic activity in developing countries.

It seems like the prohibition of child labour is not successful,  the decrease of child labour has slowed down since 2004, it's a signal of unaccomplished of child labour.

References
Journal of Economic Issue Article date:june1, 1995 Author: Hasnat,Baban
http://www.unicef.org/
http://www.ilo.org/global/lang--en/index.htm
Council conclusions on child labour, 3023rd FOREIGN AFFAIRS Council meeting Luxembourg, 14 June 2010

FOB

Definition

 

INCOTERMS give the standard definition of international trade terms. It tells the parties what to do with respect to carriage of the goods from seller to buyer.
FOB stand for Free On Board, it is one term of INCOTERMS in which “the seller delivers when the goods pass the ship’s rail at the named port of shipment. This means that the buyer has to bear all costs and risks of loss of or damage to the goods from that point.”

Advantages
It is necessary to use FOB when the goods are intended to be resold by the buyer before they reach the destination, because this way the buyer can take control of the goods before it arrives at buyer’s premise.
FOB is a good choice for the seller who should refrain from undertaking any additional obligation such as small exporter, because it would be complicated for small exporter to do the contract of carriage out side it’s own country.

Disadvantages
“FOB will not assist the parties in determining exactly how the costs of loading or discharge should be distributed between them. The notion that risks and costs are transferred from the seller to the buyer when the goods pass the ship’s rail is not very helpful for the distribution of the loading costs.”

Conclusion
Each terms of INCOTERMS has it own characteristic to be use in specific situation. FOB would be best suit for buyer who can procure the goods from ship’s rail to its premise, and for the seller who could not provides the carriage of goods out of its own country.

References
http://www.export911.com/e911/export/comTerm.htm
International Chamber of Commerce (ICC)
J. Ramberg, ICC Guide to Incoterms 2000 (ICC Publishing S.A. International Chamber of Commerce, Paris 1999)
http://t0.gstatic.com

Fugitive Busted After Facebook Blunder

A moaning fugitive, who spent 12 years on the run, has been arrested after posting his location on Facebook.

Robert Lewis Crose had been working in remote Montana and used his Facebook page to complain about the cold weather.

The 47-year-old wrote that temperatures had plunged close to freezing and that his "water line froze even with heat tape and wrap". When someone asked where he was, he responded with a post that he was in "Cut Bank" - a small town in the aptly-named Glacier County near the Canadian border.

Police distributed photographs of the fugitive in the area and were tipped off that Crose was at a local casino.

Glacier County sheriff Sgt Tom Siefert told reporters: "I talked to him, he said he'd worked cutting up here, harvesting, for the last 10 years."
Crose had been convicted of making a terrorist threat and of using a sawn-off shotgun to fend off an intruder at his shop in California Link (http://indepth.news.sky.com/InDepth/topic/California) in 1996.

He served less than a year in prison before being paroled but was then returned to prison for a violation and paroled again in 1998. He absconded from that parole.

Crose is now being held in Glacier County jail as officials in California begin the process of extraditing him from Montana.Face Book Sometimes Help Like this

Obama Backs India On UN Security Council

Barack Obama has endorsed India's demand for a permanent seat on the UN Security Council.      

              The US President was speaking before the Indian parliament, in New Delhi, on the third and final day of his visit to the country. India has been pushing for permanent Security Council Links (http://www.un.org/Docs/sc/unsc_background.html) membership for years.

Mr Obama said: "As two global leaders, the United States and India can partner for global security, especially as India serves on the Security Council over the next two years. Indeed, the just and sustainable international order that America seeks includes a United Nations that is efficient, effective, credible and legitimate. "That is why I can say... in the years ahead, I look forward to a reformed UN Security Council that includes India as a permanent member." It was a largely symbolic move that may put diplomatic pressure on rival regional power China.

Ben Rhodes, White House deputy national security adviser, told reporters ahead of the speech "this was a full endorsement" for India's permanent membership. It could still be a pipe dream and is likely face resistance from countries reluctant to water down the power of the five permanent members - Britain, China, France, Russia and the US.

US Nurse Battled To Help Tube Bomb Victims

An American nurse battled her way off a Tube train and into a bombed carriage to help July 7 terror attack victims, a coroner has heard.

They were speaking at the inquests of 52 people who were killed during the 2005 atrocities in London.
               The nurse told how she forced her way out of the train she was on, which had been travelling in the opposite direction to one blown up by Mohammed Sidique Khan at Edgware Road. She sobbed: "Everyone was going to the floor to try to get air because the train had filled with smoke. “When she heard the screaming she said we had to get those people out. We tried to wedge the doors open but they wouldn't open more than an inch or two. “She tried to break the glass with an axe but it wouldn't break so we were helpless, there was nothing we could do. “The nurse, who was living in London at the time, eventually managed to get into the bombed train through the first carriage of her own Tube, where a window had been broken.

Among the many casualties, she found 29-year-old Laura Webb, a personal assistant who was killed in the blast. The nurse moved on to give first aid to others in the carriage, One woman had a laceration to her leg. Ms Levine said: "I think I found a sweatshirt somewhere and I tied that around her leg to stop the bleeding."

Neil Saunders, a lawyer for Ms Webb's relatives, said: "Laura's family would like me to extend their thanks to you for your efforts that day and the checking that you did."
The inquest, at the Royal Courts of Justice in central London, is still continuing.