Articles

Aishwaryasandeep

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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Labour Reforms

India reforms only in a crises, has been the succour economists have proffered in gloomy Covid Times. The Uttar Pradesh government has done well to set the ball rolling by approving an ordinance exempting businesses from most labour laws for the next three years. Madhya Pradesh quickly followed suit with similar labour reforms. This should…

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DEFAULT BAIL

VARUN TIWARI VS STATE OF U.P. Hon’ble Rajesh Singh Chauhan, J. The question for consideration in this petition was whether the accused has an indefeasible right to ‘compulsive bail’ i.e. ‘default bail’ under proviso to section 167(2) Cr.P.C. on the expiry of 60 or 90 days as the case may be, if the charge-sheet has…

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NRI and PIO

Non Resident Indian An NRI is an Indian citizen who has gone out of India or who has stayed outside India for any reason other than employment, or who has gone out of India or who has stayed outside India for carrying on business or vocation outside India, or who has gone out of India…

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Corporal Punishment

The child is father of an adult. The child is an abridged adult with rights which cannot be abridged. The Child is a person for all practical purposes. The child observes, thinks and imitates or reacts to happenings around. The child is a person. Either at home or school, the child is subjected to disciplinary…

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