Intrоduсtiоn The stаtement оf сlаim аnd the stаtement оf defenсe аre the рrimаry filings оf the аrbitrаtiоn рrосeedings. The сlаimаnt submits а ‘stаtement оf сlаims’ (sос) befоre the аrbitrаl tribunаl. Thrоugh the sос, the сlаimаnt рrоvides the fасts suрроrting his сlаims, the роints оf issues, аnd the reliefs sоught. Оn the оther hаnd, the resроndent ... Continue Reading →
DETERMINATION OF RULES OF ARBITRAL PROCEDURE
Determinаtiоn оf rules оf рrосedure. 1. The аrbitrаl tribunаl shаll nоt be bоund by the соde оf сivil рrосedure, 1908 (5 оf 1908). Оr the indiаn evidenсe асt, 1872 (1 оf 1872). 2. Subjeсt tо this раrt, the раrties аre free tо аgree оn the рrосedure tо be fоllоwed by the аrbitrаl tribunаl in соnduсting ... Continue Reading →
SALIENT FEATURES OF THE 49TH AMENDMENT OF THE CONSTITUTION
Stаtement оf оbjeсts аnd reаsоns The triрurа legislаtive аssembly раssed а resоlutiоn оn the 19th mаrсh, 1982 аnd аgаin оn the 11th februаry, 1983, urging the gоvernment оf indiа tо аррly the рrоvisiоns оf the sixth sсhedule tо the соnstitutiоn tо the tribаl аreаs оf the stаte оf triuрurа. The stаte gоvernment оf triрurа, therefоre, ... Continue Reading →
POWER TO TERMINATE OR CONTINUE PROCEEDINGS
Intrоduсtiоn: This аrtiсle аnаlyses the legаl bаsis аnd the genesis оf the роwer оf аn аrbitrаtоr tо reсаll its оrder оf terminаtiоn оf рrосeeding оn ассоunt оf defаult оf the сlаimаnt. Indiа seаted аrbitrаl рrосeedings, whether аd-hос оr institutiоnаl, аre gоverned by the аrbitrаtiоn аnd соnсiliаtiоn асt, 1996 (hereinаfter referred tо аs the асt), whiсh ... Continue Reading →
EXECUTIVE POWERS
ARTICLE 53 OF THE INDIAN CONSTITUTION The Executive Powers of the Union are stated in Article 53 of the Indian Constitution. Clause [1] of the Article 53 defines that the executive power of the union shall be conferred with the President and shall be implemented by him either directly or through his officers in obedience... Continue Reading →
POWERS OF THE PRESIDENT
The President in India being the head of the State has wide powers. Some of which are enlisted below - Executive PowersMilitary PowersDiplomatic PowersLegislative PowersOrdinance-making Power of the President EXECUTIVE POWERS OF THE PRESIDENT The Constitution has conferred extensive executive powers on the President. The executive power of the Union of India is vested in... Continue Reading →
BIOGRAPHY OF CHIEF JUSTICE LALIT MOHAN SHARMA
24TH CHIEF JUSTICE OF INDIA Justice Lalit Mohan Sharma was the 24th chief justice of India.His father Lal Narayan Sinha served as the country's solicitor general (17 July 1972–5 April 1977) and Attorney General. LEGAL CAREER: Lalit Mohan Sharma, Justice passed the Patna University B.A. Hons. in 1946. B.L. (Patna University) exam passed in 1948.... Continue Reading →
Terms Of Patent
What Is A Patent? According to the World Intellectual Property Organization, a Patent can be defined as an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. Technical information about the invention... Continue Reading →
A look at the history of Cryptocurrency in India.
The government's attitude toward digital assets has shifted dramatically over the last several years, from an outright prohibition in 2016 to an impending Bill for regulation. The impending Cryptocurrency and Regulation of Official Digital Currency Bill, 2021 differs from the previous one, which was titled 'Banning of Cryptocurrency and Regulation of Official Digital Currency Bill,... Continue Reading →
BIOGRAPHY OF CHIEF JUSTICE RAGHUNANDAN SWARUP PATHAK
Raghunandan Swarup Pathak renowned as a meticulous Judge, he inspired Loyalty in those who work for and alongside him. The breadth and depth of his legal knowledge was allied to a modest humanity that enabled him to understand the people who came before him as effectively as he grasped the application of relevant law. Raghunandan... Continue Reading →
BIOGRAPHY OF CHIEF JUSTICE P.N. BHAGWATI
Judges should be of stern, stuff and tough fire , unbending before power, economic or political, and they must uphold the core principle of law which says, be you ever so high, the law is above you.”- Justice P.N. Bhagwati The complete boldness of Justice P.N. Bhagwati’s vision, philosophical, rationale and futuristic imprints of judicial... Continue Reading →
BIOGRAPHY OF CHIEF JUSTICE Y.V. CHANDRACHUD
It is not an easy job…my biggest achievement is that I am leaving an undivided court for my successor - Y.V Chandrachud “On my first day to court, my father introduced me to Justice Chandrachud who was then a public prosecutor. My father had said that this young man will be the Chief Justice Of... Continue Reading →
RIGHT TO DIE WITH DIGNITY – CONSTITUTIONAL VALIDITY, ANALYSIS
Right to life means the right to lead meaningful, complete and dignified life. Right to life is a natural basic right given to every human being. In India it is guaranteed under Part III (Article 21) of the Indian constitution. Article 21 of Indian constitution states that – “No person shall be deprived of his... Continue Reading →
Res Judicata
Introduction Res means “subject matter” and judicata means “adjudged” or decided and together it means “a matter adjudged”. In general words, the thing has been judged by the court, the issue before a court has already been decided by another court and between the same parties. Therefore, the court will dismiss the case as it... Continue Reading →
SEALED COVER JURISPRUDENCE
IF LAW IS A LANGUAGE, THEN JURISPRUDENCE IS ITS GRAMMAR INTRODUCTION Sealed cover jurisprudence refers to the practice of the Supreme Court and other courts of asking for or accepting public-interest-related information from government bodies in sealed envelopes that can only be read by the judges. If we talk about the legal provisions relating to... Continue Reading →
What is Hurt
Introduction At the moment, a significant portion of criminal cases in India, more precisely in the Courts of Judicial Magistrate, are 'Hurt' cases. For instance, violations of Sections 323, 324, and 326 of the Indian Penal Code, 1860. Without these cases, there is no criminal court. 'Hurt' is also referred to as effect damage, prompt... Continue Reading →
Who is a Person?
Definition The term 'person' stems from the Latin phrase 'Persona,' which refers to persons who are legally recognised as possessing legal rights and being bound by legal obligations. It can refer to a single individual, a group of individuals, a business, or another legal entity recognised by law as the subject of rights and obligations. ... Continue Reading →
Central Authority under Consumer Protection Act
Introduction The Consumer Protection Act, 2019 has expanded consumer rights in areas such as e-commerce portals, online sales, direct selling, and multi-level marketing. Additionally, newly developed concepts such as 'product liability' and 'unfair contracts' have been established to reinforce and safeguard consumers' interests. Section 10(1) of Chapter III of the Act establishes a 'Central Consumer... Continue Reading →
Jurisdiction of National Consumer Forum
Introduction An individual who buys products or services for private use is a consumer. Consumers do not include anybody who receives products or services for free, makes purchases for business purposes, or who receives service as an employer under a service contract. With the advancement of technological platforms and the proliferation of supply sources, customers... Continue Reading →
What is Grevious Hurt
Introduction According to the Oxford lexicon, the word "Grievous Hurt" refers to any damage that puts an individual's life in peril. The code classifies hurt into basic and severe categories based on the magnitude and intensity of the physical attack perpetrated. As the term implies, grievous injury entails the inflicting of severe and more extreme... Continue Reading →