The 48th constitutional amendment introduces a new provision in subsection (5) of section 356 of the constitution to provide that in the case of a proclamation issued by the president on 6 October 1983 in relation to the Punjab state, parliament may pass a resolution on the declaration. Section 356 of the Constitution of India…
View detailsTable of Content :- Introduction Historical background Enforcement of Arbitral Award Procedure Jurisdiction Forum for Enforcement of Foreign Award Time Limit Conclusion Introduction An arbitral award refers to the decision of an arbitral tribunal, whether in a domestic or international arbitration, including any interim awards thereunder. In India, enforcement and execution of arbitral awards are…
View detailsThe Constitution (Twenty-third Amendment) Act, 1969, repealed the Scheduled Tribes reservation in Nagaland, both in the Lok Sabha and the State Legislative Assembly, and provided that the Governor could not propose more than one Anglo-Indian to any State Legislative Assembly. Prior to the modification, the Governor of the State had complete discretion over the number…
View detailsIntroduction The term conciliation is not defined in the Arbitration and Conciliation Act. However, in simple terms, conciliation is a confidential, voluntary and private dispute resolution process in which a neutral person helps the parties to reach a negotiated settlement. This method provides the disputing parties with a chance to take into consideration options facilitated…
View detailsBENCH- JUSTICE MADAN B. LOKUR, PRAFULLA C. PANT JUDGEMENT BY- JUSTICE MADAN B. LOKUR DATE- 7 APRIL 2017 INTRODUCTION The Consumer Protection Act, is usually understood by the public as the act which protects the rights and needs of consumers through its legislation and provisions under it but most of us are not aware of…
View detailsBACKGROUND OF THE ACTS The East India Company was recognized and accepted as the political power in Bengal in 1757 after the battle of Plassey. In order to avoid the interference by the British Parliament and jealousy of the French and the Portuguese, the company refrained from declaring itself a de jure political power and…
View detailsDevolution The term “Devolution” has a few different definitions. This legal term refers to the transfer of property that occurs as a result of a person’s death, bankruptcy, receivership, and/or liquidation of a corporation that holds an application or mineral title or an interest therein. The application or mineral title will be delivered to the…
View detailsIntroduction Pledge is a type of special contract in the Indian Contract Act 1872. It comes under bailment but is quite distinct. In bailment, the owner delivers the good to another person for some purpose. When the objective is fulfilled the good is returned to the owner. The owner who delivers the good is called…
View detailsIntroduction An unstructured, unlicensed method of transmitting foreign cash within a nation is known as “HAWALA.” All with no documentation, checks, or transparency, this system functions and runs in a manner comparable to that of conventional financial institutions. Transfer is the English translation of the Arabic term hawala. “Hundi” is another name for it. Because it…
View detailsPrimary difference between arbitration and conciliation is that arbitration is the process by which parties select an independent person, who renders a decision regarding the case. Conversely, conciliation attempts to make parties come to an agreement, about the problem at hand. Industrial Disputes are always harmful to all stakeholders – employees, society, management, government, etc.…
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