NEGOTIATION Author: Santoshi karasi Meaning Negotiation is self-counseling to resolve disputes; the aim of negotiation is the settlement of disputes by the exchange of views and issues concerning the parties. It is a part of the ADR (Alternative Dispute Resolution) system of resolving disputes out of court. Negotiation occurs in business, non-profit organizations, and government
Judicial sanction in ADR Author: Santoshi Karasi Alternative dispute resolution was at one point of time considered to be a voluntary act on the apart of the parties which have obtained statutory recognition in terms of Code of Civil Procedure Amendment Act, 1999, Arbitration and Conciliation Act, 1996, Legal Services Authorities Act, 1987 and Legal
Scope of ADR [Relevant Case laws] Author: Santoshi karasi Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc., [(2012) 9 SCC 552] In the landmark cases of Bhatia International and Venture Global Engineering, the Supreme Court had held that Part I of the Arbitration and Conciliation Act, 1996 set out the procedures, award, interim relief
SCOPE OF ALTERNATIVE DISPUTE RESOLUTION Author: Santoshi karasi Indian judicial system is an overburdened system which has a bunch of cases already pending; to reduce this burden the system also has an Alternative Dispute Resolution, this is nothing but a piece of alternate machinery to resolve issues through an unconventional platform. Historically, the origin of
CRITICAL ANALYSIS OF LIFTING OF THE CORPORATE VEIL: IN LIGHT OF COMPANIES ACT, 2013 Author: Aayush Akar, NLUO INTRODUCTION The concept of the corporation, as a commercial body and one of the most beneficial types of the company organization, is founded on multiple definitions – the nature of the most relevant as a “separate legal
NAVTEJ SINGH JOHAR V. UNION OF INDIA Author: Aayush Akar, NLUO India was among Asia’s 28 countries in banning homosexuality and acknowledging LGBT rights. The decision passed in “Navtej Singh Johar v. Union of India” has improved many people’s lives within the nation. The LGBT Community had no such rights before this decision as homosexuality was a
CRTICAL ANALYSIS OF CITIZENSHIP AMENDMENT ACT 2019 Author: Aayush Akar, NLUO India recognizes an individual as a citizen by virtue of birth, descent, registration, and naturalization pursuant to the Citizenship Act of 1955, which takes effect from Part II of the Constitution, namely Articles 5 to 9. Under the previous regime, the Citizenship Act was amended
RIGHT TO EQUALITY & SECTION 377 Author: Santoshi karasi INTRODUCTION Equality is about equal rights, equal tasks along with equal opportunities and the same should be available to every individual as a basic human right, and the purpose of equality is to protect the people living in society from differentiation. Equality is one of
RIGHT TO FOOD Author: Santoshi karasi INTRODUCTION Well, we all are aware that one of the needful requirements to live a life is food, like air and water food is one of the primary necessities for living beings. Many of us never suffer from “extreme hunger” the reason being we can afford. However, there are
RULE OF ESTOPPEL Author: Santoshi karasi INTRODUCTION In India previously there was no law relating to the transfer of property and at that point of time courts apply the rules of English law that equity, justice and good conscience for fair transfer of property, but now at present time, the law relating to the transfer
ANALYSIS OF JUDICIAL, EXECUTIVE AND CONTEMPT PROCEEDINGS Author: Aayush Akar, NLUO Implementation of proceedings of litigation is known as an execution. A decree will come into being where the civil litigation with the complaint being presented has been instituted. The decree requires a process or judgmental conclusiveness. Execution of a decree will only occur once the parties
ANALYSIS OF CORPORATE ASPECT OF OPERATION AND MISMANAGEMENT IN THE CASE OF OUSTER OF CYRUS MYSTRY AS CHAIRMAN Author: Ayush Akar, NLUO The fight between the only Chairman who is not a member of the Tata Family and the Tata and Sons management has acted as a reflection for all the people employed in a
RELEVANCY OF AN EXPERT OPINION Author: Santoshi karasi INTRODUCTION Commonly, the term “Expert opinion” refers to a belief or judgment about something given by an expert on the subject. The opinion of a skilled and experienced person may be taken when the issue is related to some technicalities. Generally, the expert does not witness to
Warrant of arrest Author: Santoshi karasi Definitions An arrest warrant is a document issued by a judge or magistrate that authorizes the police to take someone accused of a crime into custody. According to Merriam Webster, “a warrant authorizing and commanding the arrest of a specific thing or person designated by name or by description“. Introduction Can police arrest any individual at any
RELEVANCY OF EXTRA JUDICIAL CONFESSION Author: Santoshi karasi INTRODUCTION In a general sense, the term “Confession” refers to acknowledgment or admission of any statement made by any person who is guilty or in charge of any criminal act. However, in legal terms, it is nowhere defined in any act or statute but the law relating
