CONCEPT OF UNDERWRITING IN LAW

The term "underwrite" originates in the 17th century when marine vessels would be underwritten for insurance risk for overseas voyages.Risk can defined as the possibility of incurring an amount loss.In the finance sector, it is the probability that the actual return of an investment will be different from the expected. The insurance company would sub-scribe (literally... Continue Reading →

  RIGHT TO CHOOSE LIFE PARTNER

For this Christmas holiday previous year, I went to the hills with my family  for a short stay.It was wonderful experience with calm and serene environment, cold winds, walking though the clouds and glittering city below after dark. That's the beauty of Darjeeling and Himalayan ranges!  Honestly I feel blessed to be living in such... Continue Reading →

TERM VERSUS ENDOWMENT LIFE INSURANCE

LIFE INSURANCE A life insurance policy is a legally enforceable contract issued by the insurer in consideration of the application and the payment of premiums.Needless to assert , that it provides risk coverage in event of the death of an individual.t is essential to have a life insurance to provide financial protection and security for surviving family members... Continue Reading →

REGULATING SURROGACY IN INDIA

 The Government of India has decided to come out with a law to regulate the business of IVF and Surrogacy in the country. The proposed legislation was drafted by a team of experts from the field of medicine and law but has not been finalized and implemented till now. Formerly, ICMR guidelines, ART bill and... Continue Reading →

COMMUNITY POLICING

Community policing is a broad concept which is used to describe a range of programs and initiatives from those that closely involve members of the public in the routines of the police service. It may seem that the concept is vague actually but its advocates would rather have it this way because it may be... Continue Reading →

A CRITIC OF RECENT INDIAN  LABOUR LAW AMENDMENTS

This article provides an insight into ongoing labour market reforms in India and provides critical scrutiny upon it.There are existing 44 central labour law legislations.Government taking initiatative to rationalizing, amalgamating and simplifying protective legislature available to workers,employers have to use contract workers in core and perennial activities as per law.There are constrains relating to hiring and... Continue Reading →

DETERMINATION OF JURISDICTION OF PARENTAL RESPONSIBILITY

INTRODUCTION With the changing world, the enhanced mobility of persons and goods makes recourse to private international law a more and more pressing need. The approach to problems concerning jurisdictional competence, conflicts of laws, recognition and enforcement of judgements, international legal assistance is by now clearly influenced by principles relating to human rights, which are... Continue Reading →

A COVID REGULATORY VACUUM

“The rights of every man are diminished when the rights of one man are threatened.” – John Fitzgerald Kennedy It is needless to assert how the world as we perceived earlier has undergone drastic change since the inception of this challenging pandemic.Although it is tough to defeat the adversities, it is not an unsurmountable obstacle... Continue Reading →

Independence and Impartiality of Resolution Professional in IBC

The Indian insolvency regime, governed by the Insolvency and Bankruptcy Code, 2016 [IBC] is a shift from a debtor centric regime to one that is creditor oriented. Under this regime, a person called the resolution professional [RP] is appointed by the Committee of Creditors [CoC], who takes control of the assets of a distressed company... Continue Reading →

DYING DECLARATION

Introduction The similarity of instant death is considered the best guarantee of the truth of the declaration made by a dying person. A dying statement is made by a conscious individual who believes that death is imminent and communicates information about the cause or circumstances surrounding it.  This information can be admitted as evidence in... Continue Reading →

RECOGNITION OF TRADE UNIONS IN INDIA

Unions in India have been preoccupied with protecting the interests of the workers. The government worked in tandem with the unions in setting up labour standards. In the process unions became strong and began asserting themselves not by contributing to the economic performance but by organising a large number of strikes at the national and... Continue Reading →

Rights of Trade Union

In workmen of Kampali Cooperative Sugar Factory Ltd v. Management of Kampli Cooperative Sugar Factory Ltd, the court held that when there is no provision regarding recognition in the statute the right cannot be enforced by writ petition. Trade unions once recognized are conferred certain rights but the trade union as such has no inherent... Continue Reading →

Analyzing Dispute resolution framework under the Information Technology Act, 2000

Disputes arise because of perceived differences in interests. If there is an interaction between two or more people or companies, and one believes that his or her interests are not identical to those of the other, there will be a dispute. The best way to prevent disputes from arising is to make sure that each... Continue Reading →

CYBER LAW AND INTELLECTUAL PROPERTY

INTRODUCTION Technology has become a boon for the society .Technological development in the 21st century has reached such a point that we have moved from paper to paperless world. The advancement of technology has touched every aspect of a human life and bought significant changes in human life. In the contemporary era , Cyber space... Continue Reading →

THE ISSUES OF JURISDICTION AND THE APPLICABLE LAW IN IT ACT 2000

The Internet has already become the commercial backbone of the world economy. As it increases in importance for the national and international economy, its smooth, trouble free operation will be seen as essential to commercial and national interests. More than 131 million Indian consumers have been victims of cybercrime and India has lost INR 1.24... Continue Reading →

MYTH OF COST EFFECTIVENESS IN ICA

Since, the era of White industries case,the there have been enumerous instances where parties to arbitration preferred ad hoc arbitration over institutional and thereby led to greater expansion of the former over the latter.“Ad-hoc arbitration is considered less expensive than institutional arbitration, as the parties only pay fees of the arbitrators, lawyer's fees, and the... Continue Reading →

RULES AND PROCEDURES OF PRE INSTITUTIONAL MEDIATION

The Courts in India are still on a mission to achieve the objective of speedy adjudication of Commercial Disputes.Pursuant to the  same Commercial Courts (Pre Institution Mediation and Settlement) Rules, 2018 were  framed  with the purpose of resolving the matters relating to commercial disputes in an efficacious and expeditious manner.As per the said enactments, all disputes... Continue Reading →

BANKRUPTCY TOURISM IN INTERNATIONAL TRADE

Bankruptcy tourism is a phenomenon that involves MNCs moving to another favourable jurisdiction and filing bankruptcy there by proving the COMI. This also facilitates forum shopping. COMI was first used in the UNCITRAL Model Law on Cross Border Insolvency. When MNCs  opt for forum shopping in a foreign country, there is great amount of economic... Continue Reading →

JUDICIAL REVIEW OF LEGISLATIVE ACTIONS AND HOW TO CHALLENGE IT

“Judicial review of legislative actions with respect to socio-economic rights has attracted intriguing debate among the constitutional law and political science scholars for some time now”. But time and again the judiciary has taken the liberty to comment upon numerous policies enacted by the legislature.This is evident in Anuradha Bhasin vs Union of India and  Puttaswamy judgement.This review implies the power... Continue Reading →

MYTH OF COST EFFECTIVENESS IN ARBITRATION

Since, the era of White industries case,the there have been enumerous instances where parties to arbitration preferred ad hoc arbitration over institutional and thereby led to greater expansion of the former over the latter.“Ad-hoc arbitration is considered less expensive than institutional arbitration, as the parties only pay fees of the arbitrators, lawyer's fees, and the... Continue Reading →

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