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 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
