International commercial arbitration is a very big aspect of dispute resolution because most of the disputes are settled under its ambit. Thus, it is one of the very important fields where India as a country needs to be ahead. India needs to be a hub of international commercial arbitration, to succeed in the field. Thus,Continue reading “INDIA AS A HUB OF INTERNATIONAL COMMERCIAL ARBITRATION: THE CHALLENGES“
Category Archives: Legal Profession in India
Resolving Energy Disputes Through Arbitration
The energy sector began to develop in the first half of the 20th century and grew rapidly ever since then. The energy sector is extremely crucial in the development of a country’s economy but is also a key contributor to global warming. Yet due to its commercial and economic significance, it isn’t uncommon to seeContinue reading “Resolving Energy Disputes Through Arbitration“
The Salient Features of Competition Act,2002 along with Important Definitions & Precedents
“Competition is the key to success.”[1] When markets work hard, they bring sustainability, profits, efficiency, innovation and long-term benefits to the economy. Competition law is one of the laws aimed primarily at eradicating anti-competitive practices by preventing the abuse of anti-competitive contracts and prevailing market conditions. The purpose of this Section is to explore key aspectsContinue reading “The Salient Features of Competition Act,2002 along with Important Definitions & Precedents”
CORPORATE & CROSS BORDER INSOLVENCY LAW IN INDIA WITH COMPARATIVE ANALYSIS OF LAW IN UNITED STATES
The globalisation of economy invited its own set of pros and cons. An issue that has assumed greater significance is that of corporate insolvency. The realms of cross-border insolvency law has multiplied on a macro level considering that the Indian economy opened up its gates for investments made by foreign creditors, alongside the Indian CorporatesContinue reading “CORPORATE & CROSS BORDER INSOLVENCY LAW IN INDIA WITH COMPARATIVE ANALYSIS OF LAW IN UNITED STATES”
THE TORT OF PASSING OFF: A CRITICAL ANALYSIS
ORIGIN AND EVOLUTION: The tort of Passing-Off has originated from Common laws. It is pretty regular in countries like United Kingdom, Philippines, and New Zealand. In the case of Frank Reddaway Ltd v. Banham[1], Lord Halsbury held that common law protects a man’s goodwill and rights and prevents others from misrepresenting it. However, the exact definition wasContinue reading “THE TORT OF PASSING OFF: A CRITICAL ANALYSIS”
Analysis of Section 86(2) of the Juvenile Justice (Care & Protection of Children) Amendment Act, 2021
Children are always attributed with innocence, beauty, and without a possibility of malignity in them. They are the torch bearers of our nation and hence they shall be treated equally as adults. Their life and liberty shall be considered as important as adult citizens of the nation. Our legislations pertaining to child rights are formedContinue reading “Analysis of Section 86(2) of the Juvenile Justice (Care & Protection of Children) Amendment Act, 2021”
ORDER IX RULE 13 CPC-SETTING ASIDE EX-PARTE DECREE
The term ‘decree’ literally means ‘an official order given by a government or a ruler. It also means an order having the force of law. The Code of Civil Procedure, 1908 (CPC) defines the term ‘decree’ under section 2(2). As per the Code of Civil Procedure, 1908 decree means “the formal expression of an adjudicationContinue reading “ORDER IX RULE 13 CPC-SETTING ASIDE EX-PARTE DECREE”
RIGHTS OF AN ARRESTED PERSON
In a literary sense, arrest means the action of seizing someone and taking them into legal custody. It means deprivation of personal liberty of the accused. Whenever an offence is committed by any person, he is taken into custody to investigate and inspect the case Thus, after an arrest, a person’s liberty is under full control of theContinue reading “RIGHTS OF AN ARRESTED PERSON”
E-CONTRACT: EVOLUTION FOR POSTMODERN
Electronic commerce is one of the byproducts of the 21st century’s economic substance, but what about contracts and all of that paperwork that used to happen? We could see new things that were unimaginable once, whether it was a paperless budget or paperless courts. But what about a paperless contract? Isn’t it a reality yet?Continue reading “E-CONTRACT: EVOLUTION FOR POSTMODERN”
RES JUDICATA: THE RULE OF CONCLUSIVENESS
WHAT IS RES JUDICATA? The Principle of res judicata is enshrined under Section 11 of the Code of Civil Procedure, 1908. This principle or rule is also called as the “rule of conclusiveness”. It provides that a matter once finally decided by a competent Court, no party can reopen it in a subsequent litigation. It was heldContinue reading “RES JUDICATA: THE RULE OF CONCLUSIVENESS”
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