Legal Articles Federalism March 13, 2012 / March 16, 2016 by Legal India Admin | Leave a Comment By Shalin Chaudhary and Pratyush Raj INTRODUCTION: Federalism is a national political system in which two levels of government, the central government and the regional/state government control the same territory and citizens. It is a philosophy or ideology of political organisation which involves a combination of the principles of centralisation, non-centralisation and power sharing. Federal […] Read more » Distribution of powers Dual Government Features of Federalism Federalism Interpretation by Judiciary No Unilateral Change Reasons for Federalism Written Constitution
Legal Articles Conservation of Biodiversity in the Indian Context March 12, 2012 / March 16, 2016 by Ritu Dhingra | Leave a Comment Ritu Dhingra Biological diversity – or biodiversity – is a term we use to describe the variety of life on Earth. It refers to the wide variety of ecosystems and living organisms: animals, plants, their habitats and their genes, it is degree of variation within a given ecosystem, biome or entire planet. Biodiversity is the […] Read more » biodiversity in the Indian Context Conservation of Biodiversity Conservation of Biodiversity in indian context loss of biodiversity
Legal Articles Theories of Adjudication March 9, 2012 / March 16, 2016 by Raabia Abuzer Shams | Leave a Comment Raabia Abuzer Shams Introduction ‘Adjudication’ means the legal process of resolving a dispute. The formal giving or pronouncing of a judgment or decree in a court proceeding; also the judgment or decision given. It includes the entry of a decree by a court in respect to the parties in a case. It implies a hearing […] Read more » Adjudication Anglo-American tradition of Stare Decisis Associate Justice Criticism of Dworkin’s Naturalism Dworkin’s Theory of Adjudication Supreme Court The Chain Novel Analogy Theories of Adjudication
Legal Articles Determination of “Injury” in cases of Anti- Dumping and Countervailing Duties March 9, 2012 / March 16, 2016 by Arpita Mishra | Leave a Comment Introduction : Arpita Mishra Anti-Dumping law was introduced by Canada in the year 1903. Soon thereafter New Zealand, Australia, United Kingdom and USA came up with legislations which empowered them to take anti- dumping measures. Three of these did countries made some form of injury a prerequisite for imposition of duties as well. The New […] Read more » 1967 Anti-Dumping Code American anti- dumping Act of 1921 Anti- Dumping and Countervailing Duties anti- dumping measures Determination of “Injury” in cases High Fructose Corn Syrup (HFCS) Korea Trade Commission Material retardation in the establishment of the domestic industry Present material injury to the domestic industry Threat of material injury to the domestic industry
Legal Articles Eco-feminism – women and conservation of nature March 9, 2012 / March 16, 2016 by Ritu Dhingra | Leave a Comment Ritu Dhingra Today is women’s day and I am writing this article to salute all those women who have been conserving nature by nature. I mean to say that by birth women are great conservators of nature and environment. Throughout many cultures, women have historically held the role of primary food, fuel and water gatherer […] Read more » agriculture animal husbandry Chipko Movement deforestation desertification devaluation of women Eco-feminism Feminist poststructuralists Green Belt Movement Liberal feminist National Toxics Campaign Not in Anybody’s Backyard (NIABY) Not On Planet Earth (NOPE) ozone layer water pollution women and conservation of nature
Legal Articles UTOPIA – A reality or a myth March 9, 2012 / March 16, 2016 by Shivam Goel | 1 Comment on UTOPIA – A reality or a myth Shivam Goel “Looking at the world in a grain of sand and heaven in a wild flower, Holding infinity in palm of your hand and eternity in an hour. Everything that ever came to reality was once just an imagination.” — (The Dangerous Knowledge, a documentary film) What is utopia? Well, in common parlance ‘a […] Read more » A reality or a myth casteism communalism Criminalisation of politics egalitarian society Female criminality and victimity globalisation Human Development Index Illiteracy Liberalisation linguism poverty privatisation regionalism un-employment UTOPIA What is utopia? WHO(World Health Organisation
Legal Articles Misuse of judicial provisions in India March 5, 2012 / March 9, 2012 by Trisha Saxena | Leave a Comment -Trisha Saxena “There are times when even justice brings harm with it” -Sophocles in Electra. INTRODUCTION:- John Rawls claims that “Justice is the first virtue of social institutions, as truth is of systems of thought.”The preamble of our constitution promises to secure to all its citizens JUSTICE: social ,economic and political. Social justice refers to […] Read more » Access to justice and fair treatment ARTICLE 352 Assistance Compensation Criticism by Indian judiciary Criticism by Social groups Criticism outside India Demands for Amending the law Duplication of existing laws Gender Bias Human Rights violations Justice J.D. Kapoor (Delhi High Court) Misuse of matrimonial laws Misuse of provisions of IPC Presumption of guilt Recent defamation Times Now case Restitution Section 498 Vague definitions of Dowry and Stridhan
Legal Articles Right to Live with Human Dignity of Advocate March 5, 2012 / March 9, 2012 by E.S. Jagadeeshwar | Leave a Comment E.S. Jagadeeshwar Advocates are depriving of their Right to Live with Human Dignity It is very popular among the people as Legal Profession is a noble profession but should not be a commercial one. No doubt an Advocate should be humane, should understand the grievances of the parties. The present scenerio is prices of essential […] Read more » Art of cross examination Civil Laws Criminal Laws Dist. level High Court Indian Evidence Act Right to Live with Human Dignity of Advocate Stamps Act Subordinate Court level or Suits Valuation Act Supreme Court eminent Advocates
Legal Articles Mismanagement of Company Affairs March 1, 2012 / March 16, 2016 by Junaid Ahmed | Leave a Comment Junaid Ahmed Section 398 of the companies Act, 1956 is designed to primarily protect a company from being mismanaged and usurped by few at the helm to the detriment of the company’s interest and public interest. Sec.398 of the companies Act, 1956 mandates a person holding 10% of the equity shares to file an application […] Read more » A glimpse at section 235 of companies act Company Affairs High court of Andhra Pradesh Madras High Court Mismanagement of Company Affairs Power of the Tribunal Section 235(2) (a) Section 397/398 Section 398 of the companies Act 1956 Section 399 Sri Ramdas Motor Transport Ltd case
Legal Articles A sense of justice February 29, 2012 / March 16, 2016 by Shivam Goel | Leave a Comment Shivam goel If law is the means then justice is the end. Much less to say that it’s the ends that defines the means. What is natural justice in a common parlance is the question that is to answer what in fact is the term ‘a sense of justice’ means. Natural justice in best of […] Read more » A sense of justice Bangalore Water Supply case common sense justice Gross negligence is equal to Fraud JUSTICE KRISHNA IYER natural justice Natural Justice and Latin legal maxims rule against biasness