Columns

India’s Need Of Standalone Law For Exterminating The “Torture Demon”

Mahatma Gandhi once said, “I object to violence because when it appears to do good, the good is only temporary, the evil it does is permanent.” Undoubtedly, there is no justification for violence, even more so when such violence...

Free Speech vs Contempt of Court: An Analysis in Light of the Prashanth Bhushan Case

“What is freedom of expression? Without the freedom to offend, it ceases to exist" – Salman Rushdie What does freedom of speech mean especially in a diverse country like India? Well, by definition, Article 19(1)(a) of the Constitution of India says...

Orders Passed by Drug Controller General of India Relating to Biosimilar Drugs Can Be Tested in Courts, Clarifies Delhi High Court

In the matter of Roche Products (India) Private Limited and others v Cadila Healthcare Limited and others, and F. Hoffmann-La Roche Ltd & Ors v Drug Controller General of India & others (Suit), the Learned Single Judge...

COVID-19 Resolution Framework: A Cushion to Indebted Borrowers

A bank or financial institution that is lending financial assistance to a borrower faces the risk of being bankrupt on default of repayment by the borrower. Many laws were introduced by the legislature and various policies were also introduced...

Mediation, Negotiation and Lok Adalats as Modes of ADR

Mediation   Mediation may be defined as a non-binding procedure in which an impartial third party, the conciliator or mediator, assists the parties to a dispute in reaching a mutually satisfactory and agreed settlement of the dispute. Mediation is a...

Arbitration & Conciliation as Modes of ADR

Arbitration   It was only during the British rule that arbitration was introduced in India as a mode of ADR. After a very chequered history, the Arbitration Act, 1940 came into being which was a complete code on the law...

Spectrum of ADR

ADR includes within its ambit all those amicable methods of dispute settlement without the intervention of the court. There is no universally accepted definition of the expression ADR. Some definitions of ADR exclude all processes whereby a binding decision...

The Evolution of Section 89 C.P.C Through Various Amendments

The article shall focus on dealing with the legislative background pertaining to Section 89 of the Code of Civil Procedure i.e. to trace the historical growth or evolution of Section 89. For the sake of clarity, this has been...

What Is the Concept of Alternative Dispute Resolution?

“Litigation has not kept up with modern, fast-moving society… there have been revolutionary changes in the business practices since the basic court structure was adopted from English Common Law… Compared to modern business, Civil Courts have changed very little…...

Statement Against Consumerism And An Argument For Austerity

As Warren Buffet rightly said “The stock market is a device for transferring money from the impatient to the patient” and to attribute to that, stock buyback is one of the examples of the same as the impatient being...
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An Analysis of the Supreme Court of India’s Decision in Saurav Yadav v. State of Uttar Pradesh on Reservation

Reservation is one of the debatable realities of Indian constitution. This system got its roots from the exploitations due...
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Explained: The Political Crisis in Nepal

On December 20th, K P Sharma Oli, the Prime Minister of Nepal dissolved the Lower House Parliament of the country in an unprecedented move....

“Dismissal Without Inquiry Is Justified if Employee Did Not Prove Minimum Working Period”: Supreme Court

This case concerns the dispute relating to the termination of an employee without any disciplinary inquiry. Brief facts of the case The Respondent, Smt. Sureshwati was...

Can the Relatives of the Husband Attract Prosecution in Case of Triple Talaq?

The Supreme Court of India has recently made a judgement. It lays down that the relatives of the husband cannot be kept as accused...

“Rape Victim To Be Provided Shelter Due To Media Attention Prohibited Under Section 228A of the IPC”: Supreme Court

This case concerns the petition by a rape victim for rehabilitation as she was social ostracization.  Brief facts of the case In this case, a writ...