“The Indian Evidence Act, 1872” (“IEA”) is repealed and replaced by the Bharatiya Sakshya Adhiniyam (“BSA”). With an emphasis on the legitimacy of electronic evidence, the BSA keeps the majority of the IEA’s rules. In order to further eliminate ambiguities and prevent the likely complexities that could occur throughout the admissibility of relevant proof during said proceedings, the power source BSA of 2023 has become a procedural statute that lays out the rules and regulations that regulate the relevancy as well as the legality of evidence in court proceedings.
Tag Archives: process of law
CONSTITUTIONAL TORT
A constitutional tort is a legal tool that allows the state to be held vicariously accountable over the actions of its agents. If any of the civil rights are abused, there is a judicial attempt to obtain a legal redress in the form of damages. The sole difference is that if the act is performedContinue reading “CONSTITUTIONAL TORT”
International Arbitration of Intellectual Property Disputes with special emphasis on Validity Issues
Intellectual property (IP) litigation is widely perceived to be highly complex, unpredictable, and expensive. IP litigation is also frequently international in scope, involving IP rights emanating under the laws and procedures of multiple jurisdictions. Arbitration offers many obvious advantages over national courts and administrative agencies for resolution of these disputes, including the ability toContinue reading “International Arbitration of Intellectual Property Disputes with special emphasis on Validity Issues”
INDIA AS A HUB OF INTERNATIONAL COMMERCIAL ARBITRATION: THE CHALLENGES
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“
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“
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”
MARITAL RAPE: GROUND REALITY OF CONTEMPORARY INDIA
The semantic understanding of Rape is, non-consensual or forced intercourse with someone but different perspectives push through when you consider the act of rape in the setting of a marriage in India. In a country that considers marriage a sacred institution, marital rape not only becomes hotly debated but its very legislative validity starts beingContinue reading “MARITAL RAPE: GROUND REALITY OF CONTEMPORARY INDIA”
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”
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