Case Analysis: Association of Dead People v. State of U. P. & Others Introduction In 1977, a 22-year old farmer, hailing from Azamgarh district in Uttar Pradesh, came to know of his own death. Therein began his 18-year long struggle with the bureaucracy to prove his own identity. All this happened because his uncle bribed…
Introduction Justice Krishna has said once, “every judge is an activist either on the forward gear or reverse.” But, the question of judicial activism has been a bone of contention for decades. Naysayers argue that the judiciary transcends its powers and encroaches upon the power of the legislature and the executive. On the other hand, some argue that…
Introduction: Indian Constitution has a rich history blended with complications of its own. The Constitution of India is by far the lengthiest and most detailed constitution in the world. The credit is to be given to its makers who gauged the suitable provisions from various laws and conventions around the world and assembled them in…
The Latin maxim Res Ipsa Loquitur literally means that thing speaks for itself. This Maxim refers to a situation in which the facts of the case make itself evident that the defendants negligence caused the plaintiffs injury or damages. No more evident is necessary to prove the negligence of the defendant. It is an exception…
INTRODUCTION “The main object of conciliation lies in reaching a solution to a case based upon morals and with a warm heart.” — Confucius ADR i.e. Alternate Dispute Resolution plays a crucial role in overcoming the drawback of the conventional mechanism of dispute resolution i.e., court proceedings. The various modes of dispute resolution under the…
For the first time in India’s history, three women have taken oaths at the Supreme Court. In his remarks, the Chief Justice observed that women should comprise 50% of the judiciary at all levels. Bench progress has been slow yet definite, but how about bar progress? It is true that women graduate from the top…
THE MEANING OF A NATION AND ITS APPLICATION TO BHARAT Article 1 of the Indian constitution declares that India, that is Bharat, shall be a Union of States. We are different people, but we are fine together. That is the nature of this country. The beauty of this land is that it observes every identity…
We can divide arbitration into two types – (i) Domestic Arbitration and (i) International Arbitration. The distinction between the two is so significant that UNCITRAL Model Law is specifically created for international commercial arbitration. Though the expression domestic arbitration is not used in the Arbitration and Conciliation Act, it means an arbitration proceeding arising out…
Domestic award Often awards arising out of international arbitration proceedings are actually enforced under the regime of domestic awards. Though each state is generally free to determine which awards it considers to be domestic, the relevant criterion is normally the place of arbitration. As a consequence, recognition and enforcement of awards rendered within a country…
Introduction: It has become impossible to truly forget material uploaded on the Internet in the age of the World Wide Web. While such data can be put to a variety of uses, it can be harmful to the data subject if it is used in ways that are hurtful to the data subject’s reputation or…
