Blogs
A comparative study on Ad-hoc and institutional arbitration
July 10, 2020 • Apurva Bhutani
Are there any hindrances to the traditional litigation procedures created by this relatively new dimension of law ? Who would regulate arbitral institutions in India and what would be it’s composition, modus operandi etc. We tend to explore in this article.
India’s Digital Strike: Preventing a Cyber warfare?
July 10, 2020 • Apurva Bhutani
On 29th June, 2020 the Indian Government passed an interim order banning 59 china linked apps. This is the latest standoff between two superpowers and has affected more than 540 million active Indian internet users and several chinese investors in Indian startups. This is an unprecedented step taken by India and has created a global influence in banning such china linked apps. This article is an attempt to analyze the significance and impact of such a ban.
DESPOTISM OF THE CHINESE STATE AND THE NONCHALANCE OF COMMUNIST SYCOPHANTS
July 10, 2020 • Apurva Bhutani
There is no going around or unseeing the fact that China remains the worst modern-day violator of human rights and that it has absolutely disregarded the nature of liberty for its citizens. China has turned its state affairs into such a kafka-esque scenario that even political commentators feel apprehensive of steeping into its muddy waters, thanks to the innumerable instances of oppression that China has on its hands.
RULE OF STRICT LIABILITY: AN OVERVIEW
July 10, 2020 • Apurva Bhutani
Strict liability is a legal doctrine that holds a party responsible for their actions or products, without the plaintiff having to prove negligence or fault. When someone partakes in ultra hazardous activities such as keeping wild animals, using explosives, or making defective products, then they may be held liable if someone else is injured.
Review: The Ong Ming Johnson V. Attorney General Judgment (Singaporean Court) Which Deferred From Navtej Singh Judgment (Indian Court) (Section 377)
July 9, 2020 • Architi Batra
The Article reviews the Ong Ming Johnson v. Attorney General judgment of the Singaporean Court which deferred from the Navtej Singh judgment of the Indian Court, regarding Section 377.
Menstruation: Discrimination Of Women And Person With Disabilities
July 9, 2020 • Architi Batra
Excerpts from the discussion on the topic 'Menstruation & Disability' by the “ Sexual Offences against Person with Disabilities” research team at Niti Manthan.
COVID-19: Impact On persons With Disability
July 9, 2020 • Architi Batra
Excerpts from discussion on 'Present Scenario of COVID-19 and its impact on persons with disability’ by the 'Sexual Offences With Persons with Disability' at Niti Manthan.
Broadly speaking: Community Interests Vs. Individuality
July 9, 2020 • Architi Batra
This article discusses the Relevance of Duties and Rights in the contemporary world in context of Community Interests and Individuality with their importance and views of different leaders on it, not only in India but in different nations and their effectiveness also seen in the history also.
An Appraisal Of 10 Years Of Competition Law Enforcement
July 9, 2020 • Architi Batra
The article discusses the the working of competition commission of India and the enforcement measures used by it.
Overview: War Crimes- Violations Of International Humanitarian Law
July 9, 2020 • Architi Batra
The article discusses the topic of war crimes in international law and the major conventions and statues that were formed in the wake of such crimes.
Brief Overview : The Power To Try Crimes Committed Beyond The Territory Of India
July 9, 2020 • Architi Batra
Brief overview: What if one commits a crime outside India? And the power granted to try such cases.
Maintenance In Cases Of Desertion By Wife
July 9, 2020 • Architi Batra
Maintenance is given by one spouse to another upon their separation or matrimonial dispute. It is given so as to maintain a sustainable life and can be given either permanently or temporary. Desertion is also a ground of divorce and it may indicate breaking down of matrimonial ties. Maintenance in the case of desertion by wife may be awarded considering the facts and circumstances along with the reasonableness of the act. Different situations, judicial pronouncements and legal aspects are discussed under this article.
Does "Work from Home" Add a New Dimension to Labor Laws: An Analysis
July 7, 2020 • Snehal Asthana
The proportion of employees working at home or utilizing flexible working arrangements has been increasing along with the advancements in information and communications technology (ICT). Companies are taking a relook at employee benefits and employer liabilities as a majority of their staff work from home amid the lockdown.
Product By Process Claims
July 4, 2020 • Architi Batra
Product-by-process claims developed in response to the need to enable an applicant to claim an otherwise patentable product that resists definition by other than the process by which it is made. Initially, product-by-process claims were only permissible where the invention could not otherwise be adequately defined. Gradually, product-by-process claims became allowable even when the product could be defined with the help of its enhanced features given to it by the process used to create it.
S 144 (Crpc) Imposition And Its Related Implications In The Light Of Covid-19
July 4, 2020 • Architi Batra
The article takes a look at the implications of the imposition of Section 144 CrPC in India amidst the Coronavirus pandemic.
Instant Justice Or Real Justice?
July 4, 2020 • Architi Batra
Our Indian judiciary is one of the finest judiciaries in the world. Indian judiciary provides everyone right to present his part in the court of law. In this article, we are dealing with the Hyderabad case where the suspects were encountered, & didn't get a chance to present their part in the court of law.
Broadly speaking: CONCEPT OF PROPERTY UNDER TRANSFER OF PROPERTY ACT, 1882
July 3, 2020 • Apurva Bhutani
The word property means a thing over which one has the ownership rights. It can be owned by an individual or group of individuals. It is the exclusive right of a person or persons over a thing. Property has various economic, social and legal implications arising from it. The term property is a vast concept which is governed by different laws.
Overview: SUSTAINABLE OCEANS
July 1, 2020 • Samiksha Gupta
Oceans covers two-thirds of the planet and are vital for human well-being. They provide invaluable ecosystem services, contribute to global food security, and offer immense opportunities for economic growth, employment and development. However, our oceans are under immense pressure from a wide range of human activities, and the environmental basis of many of these economic opportunities is threatened. This pressure will increase unless governments take bold action to ensure a sustainable use of the oceans, and the protection of its natural resources.
Webinar Report: Postulating Policy and a Systematic Model for Climate Change Laws in India
July 1, 2020 • Architi Batra
The report of the webinar hosted on 15th June 2020 by the Climate Change Laws Research team at Niti Manthan. Recording of the same can be accessed at - https://youtu.be/zhbGoE-NvlA
Compassionate Appointment in Service Laws: Overview
July 1, 2020 • Samiksha Gupta
Death is the harsh truth of life. When an individual dies, his family may find themselves in high and dry situation, more so when the deceased was the sole earner of his family. A dead man does not always leave behind property but sometimes he may leave behind poverty.