ALTERNATIVE DISPUTE RESOLUTION

Alternative Dispute Resolution (ADR) provides an alternative to the conventional methods of resolving disputes. It offers to solve all types of matters including commercial, civil, family and industrial where people are not able to start any type of negotiation and reach a settlement. Generally, ADR uses an impartial third party who helps the parties to... Continue Reading →

MARINE WILDLIFE TRAFFICKING AND MEASURES FOR PROTECTION

Activities of humans are now having an impact on our environment and our global ecosystem. In the long run, it is a necessary condition for human survivability. Because biodiversity is an integral aspect of life on our planet, it is our moral responsibility to maintain this natural heritage. The Wildlife Protection Act of 1972, the... Continue Reading →

GIRJESH DUTT V. DATADIN AIR 1934 OUDH 35 (LANDMARK CASE)

The meaning of "transfer of property" is found in Section 5 of the Transfer of Property Act of 1882. It is defined as an act in which a living person transfers property to one or more people, or to himself and another person, and the term "transfer of property" refers to the act. Furthermore, this... Continue Reading →

DISTINCTION BETWEEN ORAL AND DOCUMENTARY EVIDENCE

In any scenario, evidence is presented to show or disprove a fact. Evidence is a 'means' of obtaining proof. Proof is a method for determining if something is true or false in terms of facts. Proof allows a rational person to reach a conclusion. Any truth that persuades the mind of the existence or non-existence... Continue Reading →

PRINCIPLES OF NATURAL JUSTICE

Natural Justice is derived from the Roman law term "Jus Natural," and it is closely tied to common law and moral principles, but it is not codified. It is a natural law that is unrelated to any statute or constitution. Natural justice is a value that is held in high regard by all people of... Continue Reading →

INSURANCE LITIGATION

In recent years, the Indian insurance industry has experienced substantial expansion and development. The frequency and severity of claims, particularly those filed under professional indemnity, employment practise liability, and cyber coverage, has increased in recent years. The government, on the other hand, is taking steps to enhance the business climate. The establishment of commercial courts... Continue Reading →

BHATIA INTERNATIONAL VS BULK TRADING S. A. & ANR ((2002) 4 SCC 105)

The Supreme Court of India's decision in Bhatia International v. Bulk Trading S.A. is one of the most important Supreme Court of India decisions, and it is sure to get the attention of people interested in economic and legal interactions with India. The following are the pertinent facts: The parties to an international contract had... Continue Reading →

CASE SUMMARY: MOHORI BIBEE V/S DHARMODAS GHOSE

The case of Mohori Bibee vs. Dharmodas Ghose concerns the nature of minor's contracts, his fraudulent false interference, the application of the principle of estoppel, sections 64 and 65 of the Contract Act, and so on. Name Of the Case: Mohori Bibee v/s Dharmodas Ghose Citation: (1903)ILR30Cal539(PC) Date Of Judgement: 04 March 1903 Name Of... Continue Reading →

MUKUND DEWANGAN VS ORIENTAL INSURANCE COMPANY LIMITED

On July 3, 2017, the question before the court in Mukund Dewangan v. Oriental Insurance Company Limited [Civil Appeal No.5826 of 2011] was whether a driver with a ‘light motor vehicle' licence who drives a ‘transport vehicle' of that class is required to obtain an endorsement to drive a transport vehicle. The matter was addressed... Continue Reading →

BHARAT ALUMINIUM CO. [“BALCO”] V. KAISER TECHNICAL SERVICES (2005)

The Supreme Court of India's decision in Bharat Aluminium Co. v. Kaiser Aluminium Technical Service1, which appears to have modified India's arbitration regime, has gotten a lot of attention. However, it should be noted that the verdict made no reference to the facts of the appeal, instead focusing on the legal issues that arose during... Continue Reading →

CONCEPT OF CORPORATE VEIL

Corporate Veil is a concept that isolates shareholders' personalities from the companies. It shields stockholders from being held accountable for the company's conduct. The firm and its stockholders are separated by a fictional veil, and the company only operates through its human agents. Many times, the corporation is seen committing improper/illegal behaviours behind the company's... Continue Reading →

IMPORTANCE OF CONTRACTS

Contracts are a necessary component of our daily lives. Contrary to popular assumption, contracts are utilised extensively not only in business transactions but also in our daily lives. You might be astonished to learn that on a daily basis, one signs numerous contracts! Contracts are used in a variety of situations, including signing a business... Continue Reading →

DOCTRINE OF REASONABLE CLASSIFICATION

Article 14 of the Indian Constitution established the doctrine of reasonable categorisation. Every citizen in the country has a fundamental right to equality under Article 14. It is one of the most significant clauses of the constitution since it guarantees equality to all Indian citizens. It safeguards against discrimination based on religion, caste, ethnicity, gender,... Continue Reading →

IN RE: XYZ V. HINDALCO INDUSTRIES LIMITED AND VEDANTA LIMITED

FACTS OF THE CASE It was alleged by the Informant in this case that Hindalco Industries Limited and Vedanta Limited by forming a cartel were determining prices of certain copper products in India, sharing the market of certain copper products by way of allocation of customers and engaging in bid rigging which is in violation... Continue Reading →

CONTEMPT OF COURT

Contempt of court can be either civil or criminal, according to the Contempt of Courts Act of 1971. Wilful disobedience of a court's judgement, decree, direction, order, writ, or other process, or wilful breach of an undertaking provided to a court, is referred to as civil contempt. On the other hand, criminal contempt is attracted... Continue Reading →

INTERNATIONAL COMMERCIAL ARBITRATION- WHEN THE SEAT IS IN INDIA

International commercial arbitration is a method of resolving disputes that arise from international contracts. It is used as a substitute for litigation and is governed mostly by the contracting parties' prior agreements, rather than by national legislation or procedural regulations. Most contracts include a dispute resolution clause that states that any contract-related problems will be... Continue Reading →

K.M. NANAVATI V. STATE OF MAHARASHTRA

FACTS OF THE CASE K. M. Nanavati, the accused/appellant, was the second in command of the Indian naval cruiser "Mysore." He was married to Sylvia and they had three children together. Nanavati and his family had resided in a variety of locations due to the nature of his job before settling in Bombay. They met... Continue Reading →

COMPETITION LAW IN INDIA

Many countries have enacted their own competition laws in order to prevent anti-competitive behavior and unfair trade practices. The competition law is primarily concerned with preventing specific market activities that harm businesses, customers, or both, as well as curbing market behaviors that violate market ethics. The Competition Act, 2002 was created in India to maintain... Continue Reading →

DOCTRINE OF ECLIPSE

The prospective nature of Article 13(1) has given rise to the doctrine of eclipse. The doctrine of eclipse deals with pre-constitution laws or existing laws. The law which has been valid at its inception but has become invalid on the coming into force of the Constitution of India by reason of being inconsistent with the... Continue Reading →

PHARMA LAWS IN INDIA

Pharmaceutical Laws are the laws concerns with the creation, sale, distribution and use of pharmaceutical drugs. In India, the same is governed by a number of legislations, which depends on the usage. The Pharmaceutical industry in India is valued at around 27.4 billion Dollars which include domestic as well as export and import. In India,... Continue Reading →

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