Posted on: February 8, 2024 Posted by: admin Comments: 0

THE IMPACT OF ARBITRATION ON ACCESS TO JUSTICE: A CRITICAL EXAMINATION by Prashansa Srivastava

Author – Ms. Prashansa Srivastava, Advocate, LL.M. (2023), UGC-NET (2023) ABSTRACT Arbitration, as an alternative dispute resolution mechanism, plays a crucial role in the modern legal landscape, offering parties a forum for resolving disputes outside traditional court systems. This paper critically examines the impact of arbitration on access to justice, focusing on its benefits, challenges, and future considerations. The analysis encompasses various dimensions, including the historical context of arbitration, the…

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Posted on: February 4, 2024 Posted by: admin Comments: 0

ARTICLE 5 OF UNCITRAL LAW by Sree Bhavan P S

Author: Sree Bhavan P S, Student at Bennett University, Greater Noida ABSTRACT The relevance and ramifications of Article 5 of the United Nations Convention on International Commercial Arbitration (UNCITRAL) are examined in this paper. Article 5 outlines the core idea of party autonomy in arbitration agreements, with a focus on the parties’ autonomy to choose the procedural rules controlling their dispute settlement and the jurisdiction of the arbitral tribunal. This…

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Posted on: February 4, 2024 Posted by: admin Comments: 0

“BOARD OF DAWOODI BOHRA COMMUNITY V. THE STATE OF MAHARASHTRA (2023 SCC ONLINE SC 129)” by Neha Singh & Vanshika

Author: Neha Singh, BA LLB, Symbiosis Law School, Noida Co-Author: Vanshika, BBA LLB, Symbiosis Law School, Noida ABSTRACT The legal dispute between the Dawoodi Bohra community and the State of Maharashtra is examined in this research study, along with its sociological ramifications and legal dynamics. The case is examined for its wider significance and constitutional intricacies, marking a turning point at the convergence of official involvement and religious autonomy. The…

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Posted on: February 3, 2024 Posted by: admin Comments: 0

JOSEPH SHINE VS UNION OF INDIA by Bhaskar Pandey

Author: Bhaskar Pandey, Fairfield Institute of Management and Technology, Delhi Date of Judgement: 27 September 2018 Citation: (2019) 3 SCC 39, AIR 2018 SC 4898 Petitioner: Joseph Shine Respondent: Union of India Judges Name: Chief Justice of India Dipak Misra, D Y Chandrachud, Justice A M Khanwilkar, R F Nariman, and Indu Malhotra. BRIEF OF THE CASE Therefore, in 2017, Joseph Shine initiated a petition on the ground of article…

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Posted on: February 3, 2024 Posted by: admin Comments: 0

NAVIGATING THE IMPACT OF NEW DATA PROTECTION LAWS ON BUSINESS IN INDIA by Sadhika Kapoor & Geethika Yamalapalli

Author: Sadhika Kapoor, Narsee Monjee Institute of Management Studies School of Law, BBA LLB (HONS)., Batch of 2026 Co-Author: Geethika Yamalapalli, Narsee Monjee Institute of Management Studies School of Law, BBA LLB (HONS)., Batch of 2026 ABSTRACT The article explores the multifaceted impact of recent data protection laws on businesses operating in India. With the advent of comprehensive regulatory frameworks, such as the Personal Data Protection Act, businesses are faced…

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Posted on: January 22, 2024 Posted by: admin Comments: 0

THE CONCEPT OF LIABILITY AND COMPENSATION UNDER PUBLIC LIABILITY INSURANCE ACT, 1991 by Akhil Ganatra

Author: Akhil Ganatra, LLM (Corporate and Business Laws) at Gujarat National Law University, Gandhinagar ABSTRACT The Public Liability Insurance Act, 1991, designed to facilitate the efficient and expeditious implementation of the principle of no-fault liability, has revealed significant shortcomings in its compensation structure. Several crucial issues underscore the need for urgent amendments. Firstly, the ambiguity surrounding the term “hazardous substances” creates confusion, with the judiciary asserting that Central Government notice…

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Posted on: January 21, 2024 Posted by: admin Comments: 0

DIGITAL RAPE IN INDIA: UNMASKING THE HIDDEN TRAUMA by Jasmeet Kaur & Khushi Jain

Author: Jasmeet Kaur, Student of BA.LL.B at Asian Law College, Noida Co-Author: Khushi Jain, Student of BA.LL.B at Asian Law College, Noida ABSTRACT In modern era, India has witnessed an alarming rise in heinous offences including target of persons under 18 years of age, man and women in relation to digital rape. Despite the existence of rigid laws, these atrocities and dreadful offences continued unabated. This raises a question on-…

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Posted on: January 19, 2024 Posted by: admin Comments: 0

MINORITY SHARE HOLDERS’ RIGHTS: AN ANALYSIS OF SEBI GUIDELINES AND A COMPARISON BETWEEN COMMONWEALTH COUNTRIES by Dhruv Kalia & Ananyo Roy

Author: Dhruv Kalia, Student at National University of Advanced Legal Studies (NUALS), Kochi Co-Author: Ananyo Roy, Student at National University of Advanced Legal Studies (NUALS), Kochi INTRODUCTION Ajay Tyagi, chairman of the Securities and Exchange Board of India (Sebi), claimed that despite numerous attempts to guarantee the interests of minority shareholders are protected, the market regulator has failed to ensure that independent directors do not act under the control of…

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Posted on: January 14, 2024 Posted by: admin Comments: 0

PRECAUTIONARY APPROACH SCOPE & MEANING ENVIRONMENTAL LAW by Prithvi Singh

Author: Prithvi Singh, 5th Year at Bennett University, Greater Noida INTRODUCTION The Precautionary principle has been taken on in numerous environmental instruments everywhere. That’s what the rule expresses on the off chance that there is a gamble of serious harm to the climate nonappearance of any logical or decisive confirmation isn’t to be given as a justification for the inaction. The Prudent Rule moves the obligation to prove anything on…

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Posted on: December 21, 2023 Posted by: admin Comments: 0

JUDICIAL BIAS: UNRAVELING DISCRIMINATION AGAINST WOMEN IN CONJUGAL RIGHTS PETITIONS by Hrishabh Daga & Aarushi Chauhan

Author: Hrishabh Daga, Student at O. P. Jindal Global Law School, BBA LLB (Hons), Batch of 2021 Co-Author: Aarushi Chauhan, Student at O. P. Jindal Global Law School, B.Com LLB (Hons), Batch of 2021 ABSTRACT Marriage is an act of will which unites the spouses and binds them to their eventual souls until death. The historical understanding of marriage is that of a sacred, sacrosanct union and an indissoluble bond.…

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