DOCTRINE OF PRIORITY UNDER TRANSFER OF PROPERTY ACT, 1882 Author: Sankalpita Pal Introduction The doctrine of Priority is an interesting concept that has been statutorily implemented in the Transfer of Property Act, 1882(hereinafter referred to as TPA) under Section 48. This article will deal with how the conflicting rights created over a particular property can
ANALYSIS OF INJUNCTION UNDER SPECIAL RELIEF ACT, 1963 Author: Sankalpita Pal, Symbiosis Law School, Pune Introduction An injunction is an equitable remedy given by courts of justice that requires a party to do, or to refrain from doing, certain acts. A failure to comply with injunction results in either criminal or civil penalties in the
Possession Author: Zainul Rizvi Introduction Possession is the oldest relation of man with property[1]. In earlier times this was the best title over the property. Whoever gets the possession gets the property. Later on, with the development of civilization possession is regulated to the second place and ownership becomes the best title so at present
Ownership Author: Zainul Rizvi Introduction. The concept of ownership relates to the title of the property like who will have the better title over the property at present. Ownership is the best title of the property and if the owner is not present then the possession will be considered as the second-best title over
Legal Personality Autor: Zainul Rizvi Legal personality is a medium through which some such units are created in whom rights can be vested – G.W. Paton Origin of the term Legal Personality The word person has been derived from the Latin word Persona which means mask. In olden times before the 16th century, people wore
Sources of Law Author: Zainul Rizvi What is law? The term law means different kinds of Principles and rules. It is an instrument that regulates behavior and human conduct. In simpler sense Law means a set of rules that governs the state or set of rules which describe the proper functioning of a state. According
Theories of Punishments Author: Zainul Rizvi WHAT IS PUNISHMENT? Section 53 of the Indian Penal Code enumerates various kinds of punishments to which the offenders are liable under the Penal Code. The main purpose of the administration of criminal justice is to punish the offenders. It is the state which punishes criminals. Punishment is the
HISTORICAL SCHOOL OF JURISPRUDENCE Author: Zainul Rizvi Reason for the emergence of Historical School of Jurisprudence The revolutionary ideas of positive legal thinking had a very devastating effect as they failed to meet the needs of the people which led to the emergence of a new approach to the study of jurisprudence based on history
An Introduction of Jurisprudence Author: Zainul Rizvi The word “jurisprudence’’ is derived from a Latin word jurisprudentia, which means ‘Knowledge of law’. Thus jurisprudence signifies knowledge of the law and its application, It covers the whole body of legal principles in the world. In England during the formative era, the term ‘jurisprudence’ was being used
JUDICIAL INTERVENTION IN ARBITRATION LAW IN INDIA Author: Sankalpita Pal Introduction The evolution of arbitration law in India has a long-running history. Modern Arbitration was first introduced during British India in 1772 through the Bengal Regulations. However, the eventually Arbitration and Conciliation Act, 1996 came into being. In the initial stage, when a dispute arises
ARBITRAL AWARD AND TERMINATION OF ARBITRAL PROCEEDING Author: Sankalpita Pal Introduction This topic is wholly dealt with in CHAPTER VI of the Arbitration and Conciliation Act, 1996. Sections 28 to 33 wholly deal with “making of arbitral award and termination of proceedings” under this Chapter. This article will not only explain the important bare provisions
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 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
