A Legal Blog by Prerna Foundation

Month December 2020

Alternative Dispute Resolution : A comparative study

HISTORY AND INTRODUCTION ADR which stands for Alternative Dispute Resolution was first originated in the USA as a drive to find an alternative to the traditional legal system. In developing countries like India where most people believe in resolving the… Continue Reading →

ONLINE DISPUTE RESOLUTION (ODR): AN EMERGING TREND IN DISPUTE RESOLUTION MECHANISM.

Online dispute resolution as the name suggests is a method of dispute resolution which uses technology to settle dispute between the parties. It is a fusion of Alternative Dispute Resolution methods and Information and communication technology.The advent of the information… Continue Reading →

Ethics and Law in cyberspace

Mrs. Shobha Kumar, a quintessential middle class Indian lady had uploaded some of her personal health details and medical test reports on an internet medical website for assistance in her health matter. The matter has been attended by the website,… Continue Reading →

ADR and Cybersecurity

Today, as we speak about ADR (Alternate Dispute Resolution), which refers to the set of methods that help parties settle their conflicts outside the court, we see the changed patterns of operation of such processes. Due to the COVID 19… Continue Reading →

Counterfeit Currency

Coins have been in use since time immemorial and are the currency type that is most used. The Indian coin is specified as the metal stamped in section 230 and issued by the Government of India to be used as… Continue Reading →

Online Dating

Is online dating dangerous? Should rules and policies be made stricter by dating sites? Abstract In this paper, we examine the behaviors and experiences of people who use online dating and how they may or may not address risk in… Continue Reading →

Contempt of Court

Introduction  Anything that inhibits or impairs the right to limit judicial proceedings would inevitably have the effect of hindering the administration of the law and of interfering with the proper conduct of the judiciary. It obviously amounts to contempt of… Continue Reading →

White Collar Crimes in India

What is white-collar crime?  White-collar crime or corporate crime refers to financially motivated, non-violent crime committed by businesses and government professionals. It was first defined by the sociologist Edwin Sutherland in 1939 as a “crime committed by a person of… Continue Reading →

Constitutional Tort

The theory was “The King can do no wrong” under English Common Law, and thus the King was not responsible for the wrongs of his servants. But the status of the old Common Law theory was altered in England by… Continue Reading →

Reasons why startups should choose mediation over litigation

The significance of mediation over litigation has been emphasized in various situations. The perks of mediation and other mechanisms of ADR makes way for private and flexible settlement of disputes. The sudden halt of the judicial system during this pandemic… Continue Reading →

Equality Before Law

Equality before law is one of the basic principles of liberalism. Thus, law should make sure there is no discrimination among the individuals or group of individuals. Article 7 of the Universal Declaration of Human Rights (UDHR) states: “All are… Continue Reading →

Charge Sheet

A charge sheet is a final report to prove the allegation of a crime in a criminal court of law prepared by the investigation or law enforcement agencies. The report is effectively submitted by the police officer to prove that… Continue Reading →

Elections in India

India has a parliamentary system governed under the Constitution of India, which states the decentralization of power among central and state government. The head and supreme commander-in-chief for all defence forces India is the President of India. Election commission is… Continue Reading →

Freedom of religion

India, most widely known as the land of spiritual beliefs, intellectual thought, and culture, has also been the birthplace of a number of religions, some of which also remain in this period. ‘Religion’ is a question of preference, interpretation and… Continue Reading →

Emergency Provisions of the Constitution

Emergency provisions are contained in Part Eighteen of the Constitution of India. The president of India has the power to impose emergency rule in any or all the Indian states if the security of part or all of India is… Continue Reading →

A Study of Brutality Against Women

Prophet Muhammad once said “Only an honorable man treats women with honor and integrity and only a vile and dishonorable man humiliates and degrades women.” Women have come a long way from being treated as trade to now holding a… Continue Reading →

Dying Declaration

A dying declaration is a statement made by a declarant, who is unavailable to testify in court (typically because of the declarant’s death/illness), who made the statement under a belief of certain or impending death. The statement must also relate… Continue Reading →

Artificial Intelligence in Justice

In the rising worldwide – interest[i] in the capacities of groundbreaking innovations, for example, man-made reasoning (AI), and the Indian legal executive guided its coming a year ago. During his discourse[ii]on the National Constitution Day (November 26), the Chief Justice… Continue Reading →

MAHR v. DOWRY

What is Mahr?  In Islam, a Mahr is a mandatory required amount of money or possessions, paid by the groom to the bride at the time of the marriage, for her exclusive use. It is also known as dower. The… Continue Reading →

Digital Transformation Trends in the Legal Sector to look out for in 2021

Legal sector in India is at the brink of a ‘digital revolution’! The 19th century was marked to be famous for the industrial revolution. Similarly, the 21st century is often called the era of digital revolution. This is especially considering… Continue Reading →

NEUTRAL EVALUATION AS A MODE OF ALTERNATIVE DISPUTE RESOLUTION

Introduction Alternative Dispute Resolution (ADR) is a frequently opted mechanism in today’s world for the settlement of disputes. It involves various sources through which parties can resolve their disputes without the intervention of courts. There are 4 main sources of… Continue Reading →

Technology, Ethics and Access to Justice

INTRODUCTION During a period of U.S. spending cuts, famously known as the “sequester[1],” court frameworks all over the country are confronting monetary shortfalls[2]. Small cases courts are no exception[3]. Among the most noticeably awful hit states is California, which is… Continue Reading →

The Procedure for Arbitration Proceedings

Introduction Recently, the influence of arbitration has been so massive that it has almost taken over the popular intervention of the judiciary. The pandemic has thrown light on alternative mechanisms of dispute resolution. Yet arbitration is still an alien concept… Continue Reading →

© 2021 Lawful Talks — Powered by WordPress

Theme by Anders NorenUp ↑