Sanjay Jain (advocate)
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Sanjay Jain (advocate)
Sanjay Jain is a prominent Indian lawyer and former Additional Solicitor General of India. His legal career is marked by significant contributions to various fields of law, including constitutional issues, taxation, insolvency and public interest litigation. Early life and education Sanjay Jain completed his schooling across various cities in India, finally joining the University of Delhi P.G.D.A.V. COLLEGE in 1979 to pursue a Bachelor of Commerce (Honours). He later shifted to legal studies, enrolling in Law Centre – I of the University of Delhi, where he was elected President of the Students' Union in 1984-85. He also has a Masters in Political Science from the University of Delhi. Early career Jain began his legal career in 1985, initially focusing on civil litigation. The 1990s saw a diversification in his practice, with an expanding client base that included multinational corporations like American Express and GE Capital, amongst others. Jain is a first-generation la ...
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India
India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since 2023; and, since its independence in 1947, the world's most populous democracy. Bounded by the Indian Ocean on the south, the Arabian Sea on the southwest, and the Bay of Bengal on the southeast, it shares land borders with Pakistan to the west; China, Nepal, and Bhutan to the north; and Bangladesh and Myanmar to the east. In the Indian Ocean, India is near Sri Lanka and the Maldives; its Andaman and Nicobar Islands share a maritime border with Thailand, Myanmar, and Indonesia. Modern humans arrived on the Indian subcontinent from Africa no later than 55,000 years ago., "Y-Chromosome and Mt-DNA data support the colonization of South Asia by modern humans originating in Africa. ... Coalescence dates for most non-European populations averag ...
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Arbitration
Arbitration is a formal method of dispute resolution involving a third party neutral who makes a binding decision. The third party neutral (the 'arbitrator', 'arbiter' or 'arbitral tribunal') renders the decision in the form of an 'arbitration award'. An arbitration award is legally binding on both sides and enforceable in local courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of Commercial law, commercial disputes, particularly in the context of International commerce, international commercial transactions. In certain countries, such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include Class action waiver, a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensu ...
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Reservation In India
Reservation is a system of affirmative action in India that was established during the British Raj. Based on provisions in the Constitution of India, Indian Constitution, it allows the Government of India, Union Government and the States and Territories of India to allocate a specific percentage of 'reserved quotas' or 'seats', in higher education admissions, employment, political bodies, etc., for "Scheduled Castes, Scheduled Tribes, Backward Classes and Economically Weaker Sections". Since its implementation, reservation has been a subject of massive debates and controversies over its impact, execution and effectiveness, significantly shaping the agendas of political parties and the actions of social groups. History of Reservation Before independence Quota systems favouring certain castes and other communities existed before Independence of India, independence in the British raj. Demands for various forms of positive discrimination has been made, for example, in 1881 and 1891. ...
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Indirect Tax
An indirect tax (such as a sales tax, per unit tax, value-added tax (VAT), excise tax, consumption tax, or tariff) is a tax that is levied upon goods and services before they reach the customer who ultimately pays the indirect tax as a part of market price of the good or service purchased. Alternatively, if the entity who pays taxes to the tax collecting authority does not suffer a corresponding reduction in income, i.e., the effect and tax incidence are not on the same entity meaning that tax can be shifted or passed on, then the tax is indirect. An indirect tax is collected by an intermediary (such as a retail store) from the person (such as the consumer) who pays the tax included in the price of a purchased good. The intermediary later files a tax return and forwards the tax proceeds to government with the return. In this sense, the term indirect tax is contrasted with a direct tax, which is collected directly by government from the persons (legal or natural) on whom it is ...
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Direct Tax
Although the actual definitions vary between jurisdictions, in general, a direct tax is a tax imposed upon a person or property as distinct from a tax imposed upon a transaction, which is described as an indirect tax. There is a distinction between direct and indirect taxes depending on whether the tax payer is the actual taxpayer or if the amount of tax is supported by a third party, usually a client. The term may be used in economic and political analyses, and may have legal implications in some jurisdictions. In the United States of America, the term has special constitutional significance because of two provisions in the U.S. Constitution that any ''direct taxes'' imposed by the national government be apportioned among the states on the basis of population. It is also significant in the European Union, where direct taxation remains the sole responsibility of member states. General meaning In general, a direct tax is one imposed upon an individual person (juristic person, jurist ...
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Impeachment
Impeachment is a process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In Europe and Latin America, impeachment tends to be confined to ministerial officials as the unique nature of their positions may place ministers beyond the reach of the law to prosecute, or their misconduct is not codified into law as an offense except through the unique expectations of their high office. Both " peers and commoners" have been subject to the process, however. From 1990 to 2020, there have been at least 272 impeachment charges against 132 different heads of state in 63 countries. Most democracies (with the notable exception of the United States) involve the courts (often a national constitutional court) in some way. In Latin America, which includes almost 40% of the world's presidential systems, ten presidents from seven coun ...
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Rajya Sabha
Rajya Sabha (Council of States) is the upper house of the Parliament of India and functions as the institutional representation of India’s federal units — the states and union territories.https://rajyasabha.nic.in/ It is a key component of India’s bicameral legislature at the national level, complementing the Lok Sabha (House of the People). While the Lok Sabha embodies the will of the people through direct elections, the Rajya Sabha serves as the voice of the states in the law-making process, reinforcing the federal character of the Indian Union.Basu, D.D. *Introduction to the Constitution of India*, LexisNexis As a permanent body that cannot be dissolved, the Rajya Sabha ensures continuity in governance and safeguards regional interests by offering a platform where state perspectives can be articulated on national legislation.Kashyap, Subhash C. *Our Parliament*, National Book Trust Its creation reflects the constitutional vision of balancing the unity of the nation w ...
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High Courts Of India
The high courts of India are the highest courts of appellate jurisdiction in each state and union territory of India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since .... However, a high court exercises its original civil and criminal jurisdiction only if the subordinate courts are not authorized by law to try such matters for lack of peculiar or territorial jurisdiction. High courts may also enjoy original jurisdiction in certain matters, if so designated, especially by the constitution, a state law or union law. The work of most high courts primarily consists of appeals from lower courts and writ petitions in terms of Articles 226 and 227 of the Constitution. Writ jurisdiction is also the original jurisdiction of a high court. Each state is divided into judicial districts p ...
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The Competition Act, 2002
The Competition Act, 2002 was enacted by the Parliament of India and governs Indian competition law. It replaced the The Monopolies and Restrictive Trade Practices Act, 1969. Under this legislation, the Competition Commission of India was established to prevent the activities that adversely affected competition in India. This act extends to the entirety of India. It is a tool to implement and enforce competition policy and to prevent and punish anti-competitive business practices by firms and unnecessary Government interference in the market. Competition law is equally applicable on written as well as oral agreements and arrangements between or among enterprises and persons. The Competition Act, 2002 was amended by the Competition (Amendment) Act, 2007 and again by the Competition (Amendment) Act, 2009. The Act establishes a Commission which is duty bound to protect the interests of free and fair competition (including the process of competition), and as a consequence, protect ...
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