Blogs
Penning of a law student: BROADLY PERUSING ARREST UNDER CRIMINAL LAW
Dec. 12, 2020 • sakshi arya
Arrest, being an important tool in criminal law, serves the purpose of presenting the offender before the court so as to prevent him/her from escaping and committing any subsequent crime.[1] Of course, an arrested person has certain rights such as a right to fair trial and that his arrest must not be without any reasonable cause. In this regard, the Apex Court in the case of Joginder Kumar v. State of Uttar Pradesh[2] held:
“No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The Police Officer must be able to justify the arrest apart from his power to do so.”
The Code of Criminal Procedure, 1973 contains the law relating to arrest in India which is of course subject to Articles 21 and 22 of the Indian Constitution. This Article exhaustively discusses the provisions relating to arrest in the Indian context.
BROADLY SPEAKING: CONCILIATION- THE LESSER USED ADR
Dec. 12, 2020 • sakshi arya
The emergence of alternate dispute settlement was to resolve the baseline issue of burden on judiciary which led to longer life of disputes and limited life of human beings. It not only acted as assistance to judicial body but also aimed at providing effective, inexpensive and speedy access-to- justice. This article analysis the form of ADR whose effectiveness in dispute resolution is undermined in domestic as well as international institutions and derives possible reasons on the limited use of conciliation as opposed to other forms of ADR.
UNDERSTANDING THE CONCEPT OF DOCTRINE OF PLEASURE IN SERVICE MATTERS
Dec. 11, 2020 • Madri Chandak
India witness this regime of Crown pleasure office till 1947 but however, this concept during the Colonial times, was turned into the “Doctrine of Pleasure” by the Privy Council. This doctrine which was considered unjust during the colonial period was later adopted by the Indian Law Makers and is enshrined in the Indian Constitution. This article encompasses the entire concept of the doctrine.
Broadly speaking: INTO THE SPACE WITH IPR
Dec. 11, 2020 • Madri Chandak
Curiosity has given rise to competition among nations to explore more and more of the outer space. In the contemporary world, it is becoming a bit obvious that where there is technology there’s a need to protect the technology and this is where Intellectual Property Laws (hereinafter referred as IP Laws) come into the picture. Through this article, the author is trying built a nexus between technological advancement for space exploration and IP Laws.
ENVIRONMENT PROTECTION: WHAT IS THE SITUATION IN GOA?
Dec. 11, 2020 • Madri Chandak
Goa is about to suffer a prolonged environmental deterioration which will hamper the lives of the Goan people. This article encompasses the environmental threats that will prevail because of these infrastructural projects. The article also inculcates the environmental concern and the need to protect the environment.
Sushruta: Extempore Competition
Dec. 6, 2020 • Architi Batra
The Niti Manthan Centre for Medical and Health Law Ethic Studies, Sushruta brings you its very first extempore competition to be held on 19th December 2020. Read more for further details.
STATUTORY REMEDY AVAILABLE TO WOMEN VICTIMS OF ONLINE ABUSE- SECTION 509 OF IPC
Dec. 5, 2020 • sakshi arya
The Indian society has high reliance on the technological advancement and fast speed Internet to search out innumerable pages of data, virtually communicate with anyone, and at anytime across the globe. The Internet has also opened doors for previously unknown criminal activities that surpass all physical barriers, boundaries, and restrictions to expose, penalize, and diminish. This article aims to provide a glimpse in to the statutory remedy of Section 509 Indian Penal Code and whether such remedy extends to abuse in reel world in the same manner as abuse in real world.
LOAN CONVERSION TO EQUITY UNDER THE COMPANIES ACT, 2013
Nov. 28, 2020 • Suryasikha Ray
This article deals with various issues pertaining to conversion of loans to equity under The Companies Act, 2013 and sheds light on the steps involved and other legal aspects.
Webinar Report: Environmental law and Environmental Jurisprudence
Nov. 25, 2020 • Architi Batra
The report of the webinar hosted on 6th September 2020 by the Niti Manthan Centre for Environmental Law, Research and Action. Recording of the same can be accessed at - https://youtu.be/ZBjs3xT5C0o
Broadly speaking: EVOLUTION OF ARBITRATION IN INDIA
Nov. 24, 2020 • Suryasikha Ray
The article gives an overview of how Arbitration works in India. It provides comprehensive knowledge and understanding of the presence and validity of Arbitration in India.
Broadly speaking : Regulation of Professional conduct in Arbitration and Mediation
Nov. 24, 2020 • Suryasikha Ray
The article talks about how Arbitration and Mediation is a new way of resolving disputes and conflicts prevailing between the parties. It gives an overview of how the whole system works. It provides comprehensive knowledge and understanding of the presence and validity of Arbitration and Mediation in India.
The enigma of "Love Jihad" and regulating laws.
Nov. 24, 2020 • Nitish Rai
CASE ANALYSIS: Penguin Books Ltd. v India Book Distributors and Others
Nov. 24, 2020 • Suryasikha Ray
This is a brief comment on the famous case of Penguin Books Ltd. v India Book Distributors and Others. The author has tried to give a brief on the background, issues raised and the judgment that followed along with her own analysis of the case.
Bank raising funds from Private Sector: An Analysis
Nov. 24, 2020 • Suryasikha Ray
As we know, how much a promising banking system is crucial for the economy of the country, This article gives an exploration and analysis of the prevailing system of banking in India.
Prudential Framework for Resolution of Stressed Assets
Nov. 24, 2020 • Suryasikha Ray
The article gives an overview of how the Prudential Framework of Resolution for Stressed Assets works. It provides comprehensive information and understanding of the existence and validity of the resolution mechanism for stressed assets in India.
INSOLVENCY AND BANKRUPTCY CODE, 2016 AND BLANKET SUSPENSION, 2020
Nov. 19, 2020 • Suryasikha Ray
This article mainly sets 5 PILLARS OF THE CODE explaining or pointing application, Insolvency Resolution process, Moratorium, adjudicating authority and liquidation. Also enlighten the basic understanding of the Insolvency and Bankruptcy Code (Amendment) Bill (IBC), 2020.
Broadly speaking: RESTRUCTURING AND TAKEOVERS IN INDIA
Nov. 19, 2020 • Suryasikha Ray
The reader shall be able to understand the concept of takeovers and acquisitions. The text also explains the need for a proper code and the various kinds of takeovers. The following blog contains and promotes the difference between takeover, acquisition and mergers carrying with the legal provisions related to takeovers in India.
Current Cartels in India with reference to the Competition Act, 2002
Nov. 18, 2020 • Madhav Gawri
The Indian Competition Act 2002 (Competition Act) is the legislation regulating anti-competitive conduct in India, and the Competition Commission of India is the statutory authority overseeing the enforcement of the competition law. This article sheds light on the current cartels in India and the impact of CCI and its investigative powers. The investigative functions and the responsibilities of DG are also looked upon.
Attachment of property of the third person in a Recovery Suit
Nov. 16, 2020 • Madhav Gawri
A third person is who comes forward under certain circumstances to protect the person or property of the borrower from the immediate action of the court in the proceedings of a recovery suit as a surety by offering his own properties as security can be made liable for the debt.
Overview: Impact of PIL on the Society in India
Nov. 16, 2020 • Madhav Gawri
ABSTRACT - PIL can be understood as litigation which can be bought by not only the aggrieved party but also by any person in the interest of the public when there is a violation of the rights of the victim. It is the power given to the public through judicial activism.