“The bedrock of our democracy is the rule of law, and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing.” – Caroline Kennedy. A functioning democratic system requires an independent judiciary. Only an impartial and independent judiciary can serve as a rampartContinue reading “Collegium System v. NJAC – Critical Analysis of Judicial Appointment System”
Tag Archives: Legal approach
PRE PACKAGED INSOLVENCY
Formal insolvency proceedings are cumbersome to carry forward and involve significant direct and indirect costs so a time-efficient approach is introduced to decrease the load of courts and tribunals for which “Pre Package Insolvency proceedings” are an analogy. As the literal meaning suggests, Pre-pack insolvency means a pre-arrangement between the creditor and the interested buyer priorContinue reading “PRE PACKAGED INSOLVENCY”
POLICY ANALYSIS OF TRANSGENDER PERSONS ACT, 2019
In theory, persons become equal citizens only ‘as long as they perform certain prescribed codes of respectable citizenship which are for their own good.’[1] Cases including acknowledgment of, or security for sex assorted characters epitomize the manners in which disputants should limit their lived experiences to become citizens. Gender is an administrative and monitored social standardContinue reading “POLICY ANALYSIS OF TRANSGENDER PERSONS ACT, 2019”
THE SET IN STONE RULE OF LIMITATION UNDER SECTION 34 OF THE ARBITRATION & CONCILIATION ACT,1996
The reason behind growth of Arbitration was its peculiar features such as party autonomy, least interreferences by courts and above all the summary process leading to speedy disposal of the cases. These features are very important specially for commercial disputes which involve huge economic stakes and any inordinate delay could cause loss not just toContinue reading “THE SET IN STONE RULE OF LIMITATION UNDER SECTION 34 OF THE ARBITRATION & CONCILIATION ACT,1996”
STATUS & RIGHTS OF SECOND WIFE IN INDIA
A second marriage, if the first marriage exists at the time, is considered illegal and the relationship that exists between the couple because of the second marriage also holds no value or validity in the eyes of the law. Although the legal provisions made in this regard have made the status of second marriage veryContinue reading “STATUS & RIGHTS OF SECOND WIFE IN INDIA”
SECTION 498A IPC- A WEAPON RATHER THAN A SHIELD OF A DISGRUNTLED WIFE
What is Section 498A Indian Penal Code? 498A-Husband or relative of husband of a woman subjecting her to cruelty. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also beContinue reading “SECTION 498A IPC- A WEAPON RATHER THAN A SHIELD OF A DISGRUNTLED WIFE”
WAIVER OF RIGHT TO OBJECT IN ARBITRATION PROCEEDINGS
INTRODUCTION: Arbitration is the procedure to solve disputes in which parties present their dispute by way of agreement to one or more arbitrator and decision of the arbitrator is binding on both the parties to the dispute. It is a form of Additional Dispute Resolution (ADR) which solves disputes outside courts. In other words, arbitrationContinue reading “WAIVER OF RIGHT TO OBJECT IN ARBITRATION PROCEEDINGS”
CAN THE BANKRUPTCY CODE (IBC) OVERRIDE SPECTRUM GUIDELINES?
Recently the committee of creditors and successful bidder, UV Asset Reconstruction Company, of Aircel Insolvency case knocked the door of the apex court to challenge the order passed by the Principal Bench of NCLAT, Delhi. The petitioners highlighted that the tribunal failed to consider the overriding nature of IBC which prevails over other laws visContinue reading “CAN THE BANKRUPTCY CODE (IBC) OVERRIDE SPECTRUM GUIDELINES?”
LODGING OF FIR AND REDRESSAL MECHANISM ON REFUSAL BY POLICE TO REGISTER FIR
Nowadays, it is common for people to come across a refusal on registering FIR by the Police Officials. This article is all about what happens if the Police refuses to register FIR, what remedies do people have if they are refused for FIR registration on an unreasonable ground. For knowing the remedies and options whichContinue reading “LODGING OF FIR AND REDRESSAL MECHANISM ON REFUSAL BY POLICE TO REGISTER FIR”
MEDICAL NEGLIGENCE AND ITS JURISPRUDENCE
What is medical negligence? Medical negligence is improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional. It occurs when a health-care provider strays from the recognized “standard of care” in the treatment of a patient. The “standard of care” is defined as what a reasonablyContinue reading “MEDICAL NEGLIGENCE AND ITS JURISPRUDENCE”
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