Articles

Aishwaryasandeep

RAJIV @ PAJI VS STATE OF U.P.

By way of appeal, the appellant- Rajiv @ Paji had challenged the Judgment and order dated 6.5.2013 passed by court of Additional Sessions Judge, whereby the accused-appellant was convicted under Section 376 IPC and sentenced to imprisonment for life with fine of Rs.20,000/- and in case of default of payment of fine, to undergo further…

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Theories of Contract Law

Over the years of existence of contracts and contract law, different perspectives ands views have developed with time. These perspectives can be called the theories of contract law which help use to view the contract law from different angles and understand the propose and functioning of contract law in various angles and get a broader…

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IMPORTANCE OF ENGLISH IN INDIA; PART-3

“ENGLISH IS NOT AN OBSESSION, IT IS A DOOR TO BETTER OPPORTUNITIES” India ranks 22 out of 72 countries in the 2016 EF English Proficiency Index published by EF Education First. The index gives the country a score of 57.30 indicating “moderate Proficiency” India ranks 4th out of 19 Asian countries included in the index.…

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Right to Constitutional Remedies

Right To Constitutional Remedies The Constitution of India accommodates Fundamental Rights to the residents of India. The Constitution producers had perceived that the Rights in themselves would not be sufficient to safeguard the individual rights gave to a resident of India. The Constitution producers subsequently accommodated Constitutional Remedies through the Constitution on account of encroachment…

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Merger of COMPAT and NCLAT

Recently, the Government of India decided to merge the Competition Appellate Tribunal (COMPAT) with the National Company Law Appellate Tribunal (NCLAT). In the recent past, the Competition Commission of India (CCI) has often found itself at the receiving end of the COMPAT, in more ways than one. While the debate is still going on as…

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Criminal Breach of Trust

Section 405 of the Indian Penal Code, 1860 defines as under: ‘Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which…

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APPOINTMENT OF ARBITRATOR

When disagreeing parties are not satisfied with the judgement passed by the Court via litigation, Alternative Dispute Resolution (ADR) comes in play to save the day1 . ADR is an external dispute resolution method which is used to settle disputes between two parties or more, with the help of a third party. It has a…

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Concept of State and article 12

Our Indian Constitution after being coming into existence was the longest written constitution which contained 395 articles and 22 parts and now after the latest amendment in 2020, it contains 470 articles and 25 parts, and 12 schedules. Now the concept of state is given under Article 12 of our Indian constitution. The term ‘State’…

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Covid Crises vs. Emergency Era

The Supreme Court’s handling of the Covid-19 crises cannot be compared with it’s role during the Emergency said by former Chief Justice of India Ranjan Gogoi. 20 senior advocates had accused the SC of exhibiting Emergency type mindset, by not intervening in time and preventing the migrant crises from unfolding. The role of Judiciary in…

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