A Legal Blog by Prerna Foundation

Month May 2019

What we can learn from the Italy style of first ADR then litigation style of hearing cases?

The 2018 amendment to the Commercial Courts Act 2015 brought in a new era of pre-institution mediation in India in resemblance of the opt out mechanism of mediation and ADR present in Italy and such other EU countries. The Indian model can develop a lot from learning from this already tried out legislations and their considerable success rate, along with helping the courts of law in their litigations and pendency of cases, thereby observing proper disposal of right to access of justice of an individual.

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 →

NEW YORK CONVENTION, 1958

Introduction In general, there is a clear policy preference for the enforcement of arbitral awards in the United States and this pro-enforcement preference extends to awards made under the United Nations Conference on the International Commercial Arbitration Convention on the… Continue Reading →

Special Economic Zones

Introduction Special Economic Zones (SEZ) are a specially delineated duty and tax free enclave and shall be deemed to be foreign territory for the purpose of trade operations and duties and traffic. Any person who, intends to set up a… Continue Reading →

Who is “Owner” under Motor Vehicles Act

INTRODUCTION In general legal terms, ownership of property may be private, collective, or common, and the property may be of objects, land or real estate, or intellectual property. Determining ownership in law involves determining who has certain rights and duties… Continue Reading →

#BookRecommendation – Making Your Case: The Art of Persuading Judges

Making Your Case: The Art of Persuading Judges by Antonin Scalia and Bryan A. Garner   In their professional lives courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two of the… Continue Reading →

Is it illegal to make Beer / Wine at home for Personal Consumption in India ?

INTRODUCTION Alcohol laws in India are a strange piece of legislation. Apart from every other legislation, the laws governing liquor consumption in India lacks uniformity. We all know that alcohol is the most commonly used intoxicant among the people of… Continue Reading →

Torts in Cyber World

With the progression of technology, we find ourselves interacting with each other in “new worlds”. The Cyber world or Cyberspace, a popular culture from the science fiction that depicted a global technological environment, is far from fiction in today’s reality…. Continue Reading →

Breach Of Contract Notice

INTRODUCTION When any party to a contract, whether oral or written, fails to perform any of the contract’s terms, they may be found in breach of contract. While there are many ways to breach a contract, common failures include failure… Continue Reading →

GST vis – à – vis Cooperative Federalism

India is the largest democracy in the world with the world’s lengthiest constitution. The constitution is the supreme law of the land and there are few basic structures of the constitution which cannot be amended by the Parliament and federalism… Continue Reading →

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