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Law Firm in Gurgaon, Delhi/NCR > Blogs (Page 13)

GENERAL EXCEPTIONS UNDER INDIAN PENAL CODE, 1860

INTRODUCTION The Indian Penal Code, 1860 defines the various crimes for which the person could be prosecuted.  These are known as General Exceptions which are mentioned in Part IV of the Act from section 76 to 106. Section 96 to 106 deals with the concept of Private Defense. The person will not be liable for the acts done in private defence. The code also prescribes some exceptions for which a person cannot be punished and prosecuted. If an act falls within these exceptions then the person will be acquitted and will not be charged. The objective of this part of the...

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JUSTICE DELAYED IS JUSTICE DENIED

The Judiciary which is the third organ of the government plays an important role in the administration of justice. Although, there is an interconnection between the three organs, their roles and responsibilities are different. The judiciary does not only solve the disputes but also protects the rights and liberties of individuals. The heart and soul of the Indian Constitution i.e. Article 21 include the right to a speedy trial. There are many under-trial prisoners, waiting for their dates to arrive so that their legal action can be started. The justice delayed is the same as that of justice denied. Serving Justice late or...

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TORT AND ITS PRINCIPLES

The word tort is derived from the Latin medieval word “tortum” which means to “to twist”. Tort is a civil wrong. It is effectuated from the breach of duty. As per section 2(m) of the Limitation Act, 1963, tort as being a civil wrong which is not just exclusively a breach of contract or a breach of trust. The essential ingredients of tort are: Wrongful act or omission Firstly, the most essential element of the tort is there should be a wrongful act or omission. Moreover, the active commission or the silent omission has resulted in a breach of duty which was...

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JUDICIAL ACTIVISM

Judicial Activism Judicial Activism refers where the judges take decisions on the basis of their political or personal views. Here, the judges do not act according to the traditional precedents and also the existing laws. It is antonymous to judicial restraint. It is a dynamic process of the outlook of judicial proceedings. This is basically because of the changing social scenarios. In other words, judicial activism means to elucidate the existing laws so that the current requirement of exercising the powers of executive and legislative. They should not be over exercising or under exercising their powers and should be in control. According...

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EUTHANASIA

Euthnasia Fundamental Rights are necessary for leading a dignified and fulfilling life. Probably the most important Fundamental Right in the Indian Constitution is the Right to Life under Article 21. It provides for the protection of life and personal liberty. It states: no person shall be deprived of his life and personal liberty except according to procedure established by law. However, the question to end one’s life needs to be answered. Under Article 21 many rights are covered such as the right to legal aid, right to clean environment etc.  An important question raised in many cases is whether ‘right to...

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Efficiency and Cost vs. Procedural Fairness and Substantive Quality in International Commercial Arbitration

What is Arbitration? Arbitration is the method of concluding the dispute between parties that is decided by the third neutral party. That neutral party is known as an arbitrator or panel of arbitrators. A matter of arbitration is decided keeping in mind the principles of natural justice and the laws related to arbitration. It is one of the most successful ways of resolving the dispute between parties. The International Commercial Arbitration is one of the ways of arbitration in which parties from two different countries are involved. The arbitration proceedings can be conducted at a common institution (institutional arbitration) or through...

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Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Introduction The root of sexual harassment goes deep down into the patriarchy of our society. According to this perception, it can be seen that men are superior to women. Also, the same perception makes some forms of sexual violence against women is acceptable. One of these forms is workplace sexual harassment. It is one of the gross violations of women’s right to equality and dignity. Men often believe it to be as ‘harmless flirting’ or ‘natural’ male behavior. However, when seen from the other side, one cannot expect what imprints it leaves on a women’s heart. The acts of sexual...

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INSTITUTIONAL ARBITRATION IN INDIA: UPCOMING NEED OF THE HOUR

Arbitration is the new way of resolving disputes as the burden on the Court is increasing. With the changing times, there have been advancements in settling the case with the help of arbitration. There are two ways to conduct the process of arbitration: Ad-hoc Arbitration The parties to arbitration decide the procedure to be followed in ad-hoc arbitration beforehand. Else wise, by the arbitral tribunal once the process of arbitration has begun. All matters like a number of arbitrators, place, and date of proceedings etc, will be looked into by the parties. It is the responsibility of the appointed arbitrator(s) to...

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INTERNATIONAL COMMERCIAL ARBITRATION

Introduction Arbitration, Negotiation, Conciliation, and Mediation are the upcoming ways of Alternate Dispute Resolution of resolving a matter as the Courts are overloaded with the cases. Arbitration is the way of deciding the dispute between parties with the help of an arbitrator which is neutral to both parties. Either by the Court or by the parties themselves can appoint the arbitrator. Moreover, International Commercial Arbitration (ICA) is the preferred option to solve the disputes between two parties who belong to different countries. The increase in international trade has led to an increase in cross-border commercial disputes, thus increasing the need for a mechanism...

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New Wheel of Arbitration

Introduction With the increasing number of cases, there have to be different ways to litigate any lawsuit. Arbitration is one such a way of Alternate Dispute Resolution. Other forms of Alternate Dispute Resolution are Negotiation, Conciliation, and Mediation. In simple terms, Arbitration is the way of deciding the dispute between parties with the help of an arbitrator which is neutral to both the parties. Either by the Court or by the parties themselves can appoint arbitrators. Moreover, The methods of Alternative Dispute Resolution (ADR) are more advantageous than the judicial system. This is because it helps in saving time and cost, quick...

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