Articles

October 18, 2021

ADR: Concept, Definitions and Advantages

Concept of ADR As the global population is rising, so are the number of cases in courts of law. Pendency of cases cannot be dealt with unless there are some radical changes in the common law system. Resolving the disputes, through Courts, though somethings unavoidable, does not provide the most satisfactory solution in all cases.…

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THE KARGIL WAR, 1999

The Kargil War, also known as the Kargil conflict, was an armed conflict fought between India and Pakistan from May to July 1999 in the Kargil district of Kashmir and elsewhere along the Line of Control (LoC). … ‘Victory’), which was the name of the Indian military operation to clear out the Kargil sector. Indian…

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What is a Patent ?

The term patent finds it’s roots from the Latin word patere, which means “to lay open”. It is a shortened version of the term letters patent, which was an open document issued by a monarch or government granting exclusive rights to a person. In modern times, the term patent usually refers to the right granted…

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TRAFFICKING INTO PROSTITUTION

India stands as the largest democracy around the globe populated by 1.3 billion people. This democracy has outlawed human trafficking constitutionally and has manifested the fundamental right of being free from exploitation for every person. On the 9th day of January 1953, India had endorsed to the trafficking convention and was prompted to the “Convention…

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ESSENTIALS OF A VALID CONTACT

A contact has been defined in section 2(h) of Indian Contract Act 1864 as “contract- an agreement enforceable by law”. Indian Contract Act defines agreement in Section 2(e) as “Every promise and every set of promise forming the consideration for each other is an agreement”. There is a bit of difference between agreement and contract…

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Evolution of Judicial Appointment system in India.

Independence of Judiciary means independence from Executive and Legislature, but not independence from accountability. – Prashant Bhushan The Judicial system works independently however its judges’ are appointed by the President. He acts on the advice of the council of ministers and Article 124(2) of our Constitution mandates the President to appoint judges after consulting with…

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Insolvency Laws and the Covid-19 effects

Insolvency Laws and the Covid-19 effects Introduction: Owing to the coronavirus pandemic, the suspension of new insolvency cases, as well as the NCLT and the appellate tribunal transitioning to virtual trials, seem to have slowed the speed of resolution for distressed assets and realization for creditors. The article deals with the impact of the pandemic…

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CHANGES MADE BY 44TH AMENDMENT

Background Declaring a state of emergency is a very serious matter. It violates the normal structure of the Constitution and affects the rights of the people; therefore, such a declaration should only be made under special circumstances, not just to keep an unpopular government in power. This happened in June 1975, when a state of…

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