Category: Legal Articles

ADR evolution in India

Author: Ashwin Singh, Student, Symbiosis Law School, Pune (Symbiosis International Deemed University) Introduction The Indian judiciary system dates back to thousands of years thus making it the oldest judiciary system in the world. In early Vedic times, laws were made keeping dharma in mind due to which people used to follow them for several years,

Transfer by Ostensible Owner: Section 41 of Transfer of Property Act

Author: Utkarsh Singh; Amity University, Lucknow I. Introduction Ostensible Ownership is a word that allows family members to purchase property in another family member’s name for the person’s future security. Section 41 contains the definition of the ostensible owner[1]. ‘Ostensible Ownership denotes ownership that may be seen via acts or words[2]. The concept of ostensible

The Implication of Section 29A of Insolvency and Bankruptcy Code On Pre-Packaged Insolvency

Author: VAISHNAVI VATS, BANASTHALI VIDYAPEETH, JAMNALAL BAJAJ SCHOOL OF LEGAL STUDIES INTRODUCTION Section 29A was added to the code of Insolvency and Bankruptcy in the year 2017 through the amendment act, by giving it a retrospective effect. Before its introduction, the rule used to be, that in the process of bidding in respect of a

Suits By Unregistered Partnership Firms : Maintainable ?

Article by Sonam Malik, Associate at Aekom Legal and Lokesh Dhyani, Partner at Aekom Legal. Introduction It has been disputed since long, whether an unregistered partnership firm can file a suit albeit the long standing provisions of the Indian Partnership Act, 1932[“Partnership Act”]which clearly bars the unregistered partnership firm to file suit in any court.

THE JUXTAPOSITION BETWEEN PUBLIC POLICY OF INDIA AND INTERNATIONAL COMMERCIAL ARBITRATION

Author: Abhishek Sinha (Ultimate Year Law Student), ICFAI Law School, Dehradun. Introduction: Among few jurisdictions, India is the one to statutorily define public policy through Arbitration and Conciliation (Amendment) Act, 2015. While other countries consider the international public policy as a public policy only, the courts of India decided that there is no such workable

MERGERS & ACQUISITIONS THROUGH AN OPERATIONAL SUBSIDIARY IN A THIRD COUNTRY

Author: Abhishek Sinha (Ultimate Year Law Student), ICFAI Law School, Dehradun. Acquisitions have never been utilized to reroute and reorganize corporate strategy more generally. Many CEOs now feel that purchasing a company to get access to markets, commodities, technology, resources, or management skills is less risky and quicker than pursuing the same objectives internally. Even

Pardoning Power of President

Author: Ashwin Singh, Symbiosis Law School, Pune. Introduction: In ancient times when there were kings and queens, the pardoning power was used by them for their gain and for generating revenues. Now that the shift in kingdoms to democracies, from kings to presidents, the power has shifted and is now given for mercy and fairness.

Gender And Environment: Overview

Author: Harshika Kapoor, LLM, ILS PUNE INTRODUCTION: What is a Gender Responsive approach? The particular needs, priorities, power structures, status, and relationships between women and men are recognized and adequately addressed in the design, implementation, and evaluation of activities. The approach seeks to ensure that women and men are given equal opportunities to participate in

Mischief Rule Of Statutory Interpretation

Author: Divya V Hegde, 3rd-year B.A.LL.B(Hons), University Law College, Bangalore University. INTRODUCTION Understanding of legal legislature is difficult for any laymen, sometime even the legal luminaries find it difficult to understand the meaning or the true sense of the statutes thus to overcome this exertion, a branch of legal studies deals with the interpretation of the

Video Games And The Tussle Around Indian Copyright Laws: The Way Forward

Author: Koushik Gorain, National University of Study and Research in Law, Ranchi Kumar Ankit, Rajiv Gandhi National University of Law, Punjab INTRODUCTION The post-pandemic era has brought a lot of difficulties variably to approximately all the sectors. Work from home has been troublesome and adversely affected their growth. However, amid this difficult time, the gaming