Mis-Interpretation by Sub-ordinate Judiciary

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Sub-ordinate Judiciary

We are all humans and nobody can do away with mistakes. The same also happens with the judiciary either higher or lower. Everybody person has his own understanding of law but again we are bound to follow the interpretation of higher judiciary. Surely, interpretations of higher judiciary, most specifically the Supreme Court, are well founded… Read more »

Communal Violence Bill : A Critique

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Communal Violence Bill

The Communal Violence Bill 2005 has been mired in controversy since its inception. The very opening line of the draft sparks a debate. It states; “a bill to empower the state and central governments…”The question here that arises is: ‘aren’t there already enough statues, ordinances, rules, laws conferring power in the hands of the governments… Read more »

Minority and Partnership

Posted On & filed under Corporate & Commercial Law, Legal Articles.

Partnership

A partnership firm is a creation of a contract between persons called “partners” and each partner can represent the other partners and the firm as their agent. There is “mutual agency” between partners in the sense that each partner is both a principal and an agent at the same time. A partner has rights and… Read more »

Extent of Indemnity in Insurance Claims

Posted On & filed under Banking & Insurance Law, Legal Articles.

Indemnity in Insurance Claims

This article tells about how much indemnity could be given in an insurance claim ? and what is the basic difference between law relating to indemnity and to insurance in india? Introduction———- Indemnity in insurance compensates the beneficiaries of the policies for their actual economic losses, up to the limiting amount of the insurance policy…. Read more »

Benchmarking Clause in Most Favoured Customer and Anti Trust Law Perspective

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Benchmarking Clause

Most Favoured Customer (“MFC”) and Benchmarking clauses are the most important and critical clauses in any service agreement and the outsourcing contracts. The drafting and negation of these clauses are most onerous task requiring dexterity and expertise. MFC clause has virtually similar meaning to the Most Favoured Nation (MFN) treatment under the GATT Agreement and… Read more »

Right to Health

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Right to Health

Definition of health: – The widely acceptable definition of health is that given by the WHO in the preamble of its constitution, according to World Health Organization, “Health is a state of complete physical, mental and social wellbeing and not merely the absence of disease[1].” In recent years, this statement has been amplified to include… Read more »

Compellability and Compatibility of witness

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Witnesses and document are the chief sources of evidence.  A witness is a person who gives testimony or evidence before any court.  As a matter of fact every person is competent to give evidence but in certain circumstances he may not be compelled to give evidence. A witness have a privillege i.e. a right to… Read more »

“Arrest” and its scope in contemporary Indian criminal justice system

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Arrest

The emerging trends in the criminal justice system emphasize the need to speedy trail. Since our Constitution envisaged the spirit of fundamental rights to its citizens the Right of life and personal liberty Article 21 of the Indian constitution read as “No person shall be deprived of his life or personal except according to procedure… Read more »

Can examine lapses in CVC’s appointment: Supreme court

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The Supreme Court Monday said it was not barred from examining the validity of a statutory appointment, including that of the Central Vigilance Commissioner (CVC), by the highest constitutional authority if the selection and appointment procedure was vitiated. “Some constitutional authority is entrusted with the powers to make statutory appointments. We must have faith in… Read more »