The prolong history and the continued existence of Piracy over the years have given rise to various treaties, and conventions such as UNCLOS[1]that equip and entitles nation states to implement anti-piracy measures in order to promote maritime trade.[2]The Anderson case[3], the Caroline[4], the Franconia[
The COVID-19 pandemic has wreaked havoc on many businesses throughout the globe, including international commercial arbitration.[1]In response to the pandemic's effect, the United Nations Commission on International Trade Law (UNCITRAL) held two round-table meetings in 2020 during its fifty-third session[2]that focused on the use
INTRODUCTION Labour rights and labour laws have always been a source of contention in every society. The worldwide economic slump induced by the Covid-19 pandemic has resulted in widespread deployment of children being driven into child labour.[1] There is an estimate of 152 million children under the age of
(2019(3)RCR(Civil)780) Facts: The appellant company is engaged in imparting education since 2006 operating three different schools and has registered with the Registrar of Companies, Chandigarh on 21.07.2009 filed for an application of trademark with the Trademark Authorities on 16.02.2016. The respondent company
Introduction Law as a branch of social science is not definite in nature and tends to alter according to the needs and aspirations of the society[1]. Social conditions create law and law changes in response to social forces. Justice Holmes in 1917 observed that “Law is not a brooding
The doctrine of pith and substance is one of the five doctrines of constitutional interpretation evolved in the light of understanding and interpreting the federal distribution of powers in India. The doctrine of pith and substance is a doctrine, which tries to resolve the issue wherein a legislature, while legislating
Res gestae literally means ‘things done’ or liberally speaking, the facts of the transaction, explanatory of an act or showing a motive for acting. Res gestae may be defined as “matter incidental to the main fact and explanatory of it, including acts and words which are so closely connected with
There are certain matters which a witness cannot either be compelled to disclose or even if the witness is willing to disclose, he will not be permitted to do so. Such matters are known as ‘privileged communications. The production of certain communications and documents is either privileged from disclosure or
Dying declaration is the statement of a declarant before his or her death about the cause of their death which might be used to implicate a guilty party. It derives its origin to the legal maxim “nemo moriturus praesumitir mentire” which means that “man would not meet his creator with
TIP Identification’ is the proof in a legal proceeding that a person, document, or other thing is that which is alleged to be. Identification is the evidence of identity. Phipson states that “it is often important to establish the identity of a person who a witness testifies that he saw
The principle of estoppel implies that a man shall not say one thing at one time and later say a different thing. Estoppel is based on the principle of equity. When one person has induced another person by his act, omission or declaration to believe something to be true and
Preventive detention is physical detention of a person which is of preventive nature i.e., with a view to prevent him from doing an act which is undesirable and poses a threat. Threats posed may be to the defense and foreign affairs, security of India or security of State, Public
In India, the requirement for precise laws to fulfill the growing needs of a progressive Welfare State demanded a significant amount of delegated legislation. The delegation has several forms and has many distinct scopes in different statutes. Only a few statutes clearly state that rules must be published in the
Indian Evidence Act
The term ‘Confession’ has nowhere been defined under the Indian Evidence Act, 1872. To give a simplest definition, a confession is a statement made by an accused of a crime admitting his guilt. A confession given to a police officer under any circumstances is completely excluded from the purview of
Abstract With the coming of varied disputes arising out of specialization of economic relations and an enormous load of cases that are piled up, it becomes hectic for the court to adjudicate upon effectively, and there arises the need for the establishment of tribunals. The Central Govt. established the National
Case Analysis
Serina Mondal alias Piyada v. State of West Bengal and Ors. * Citation: 2018 SCC OnLine Cal 4238 * Writ Petition No.: 4517 (w) of 2018 * Decided on: June 25, 2018 * Decided before: Rajasekhar Mantha, J., High Court of Calcutta FACTS OF THE CASE * This case is a Writ Petition filed before
The structure of India’s social and economic condition is not a result of recent times but has its roots stepped in history from the times India was under colonial rule which lasted for almost two centuries before it attained its independence on 15 August 1947. Under the colonial rule,
Case Analysis
Tekan Alias Tekram v. State of Madhya Pradesh, CITATION: (2016) SCC OnLine 131 FACTS: In the present appeal, the appellant was aggrieved by the Judgement and Order passed by the High Court of Chhattisgarh who reaffirmed the judgement passed by the Trial Court where the accused was convicted under Sec.
Section 299 and 300 of the Indian Penal Code define culpable homicide and murder respectively, which are two types of homicide. The term ‘homicide’ has been derived from Latin terms homi(human) and cido (cut) which together literally means the killing of a human being by another human being. Section
India is a democratic nation. The preamble to our Constitution itself declares to constitute India into a Sovereign, Socialist, Secular, Democratic, and Republic country. The term ‘democratic’ indicates that the Constitution has established a form of government, which acquires its authority from the will of the people through the practice
Surrogacy comes from the Latin word surrogatus, which signifies "to substitute." In simple words, it refers to a person designated to act in the absence of another. It is a process in which a woman agrees to become pregnant and have a child for the purpose of transferring
Case Analysis
RAMESH KUMARI (Appellant) v. STATE (N.C.T OF DELHI) AND OTHERS (Respondent) Citation - ((2006) 2 SCC 677) FACTS The appellant in this present appeal challenges before the Supreme Court the order dated 24.01.2002, passed by the division bench of the Delhi High Court. The main issue
The term ‘Jurisprudence’ has a large number of varied definitions as every jurist has his own notion of the subject matter and it depends upon one’s ideology and the nature of society to which one belongs to. It is difficult to assign a uniform and universal definition to the
The Consumer Protection Act, 2019 finds its relevance from the Government of India enacting the first Consumer Protection Act in 1986 with the emerging concern to safeguard the interests of the consumer and redress their complaints and disputes. In light of consumers consuming varied commodities & services with the emergence