A Legal Blog by Prerna Foundation

Tag Indian Judicial System

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 →

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 →

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 →

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 →

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 →

JUDICIAL APPOINTMENT AND NEPOTISM

INTRODUCTION Constitution of any country basically gives the details regarding the fundamental or basic or apex organs of government and administration which describes the structure, composition powers, functions and duties and other relevant information. 1 In a similar way, the… Continue Reading →

Whether ad hoc judges are entitled to retiral benefits ?

Ad hoc literally means “for this” in Latin, and in English this almost always means “for this specific purpose”. Issues that come up in the course of a project often require immediate, ad hoc solutions. An ad hoc investigating committee… Continue Reading →

Advancement of Arbitration in India

The existence of an organised society presupposes the existence of law. Human being is a state of nature that was governed by the law of nature based on reason. All human problems and disputes were then determined by moral laws…. Continue Reading →

Judicial Activism vs. Judicial Review

Introduction Judicial Review refers to the power of the judiciary to review and determine the validity of a law or an order while Judicial Activism refers to the use of judicial power to articulate and enforce what is beneficial for… Continue Reading →

Judicial Process vs Arbitration vs Mediation

Alternative dispute resolution (ADR; known in some countries, such as India,as external dispute resolution) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective… Continue Reading →

Mediation – The Path to Successful Dispute Resolution

“My joy was boundless. I had learnt the true practice of law. I had learnt to find out the better side of human nature and to enter men’s heart. I realised that the true function of a lawyer was to unite the… Continue Reading →

The US Judiciary System v/s The Indian Judicial System

“Peace without justice is tyranny!” It is a truth widely accepted in India that if one gets embroiled into a legal situation, it would take one decades to come out of it. This was one of the worst fears of… Continue Reading →

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