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Law Firm in Gurgaon, Delhi/NCR > Blogs (Page 23)

MEDIATION AS AN ALTERNATIVE DISPUTE RESOLUTION

Introduction Alternative Dispute Resolution (ADR) is a procedure for settling disputes without litigation. The different types of ADR proceedings are Arbitration, Conciliation, Mediation, and Negotiation. The General perception is that litigation is costly, time-consuming and full of complication. ADR aims to provide the parties with the cheap, speedy and less formalistic remedy to the aggrieved party. It aims at providing a remedy which is most appropriate in the circumstances of the case. Mediation is a process in which the parties to dispute appoint a third independent person as a mediator who facilitates the resolution of a dispute between the parties through his negotiation and...

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Death Penalty: Latest interpretation of Punishment by The Supreme Court of India.

INTRODUCTION We know the Indian Constitution provides citizens of India for with extensive rights and liberties. The ambit of Article 19 and 21 is way wide than one thinks and provides every citizen of India with basic 6 Fundamental Rights. Article 21 of the Indian Constitution deals with the Right to life and personal liberty of a person. It states that “it shall deprive no person of his life and personal liberty except for the procedure established by law”.  Where on one hand the constitution itself ensures the guarantee of the right to life, on the other side we are talking about the death penalty? For the...

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HOW TO FILE A COMPLAINT AGAINST INSURANCE CLAIM REJECTION.

HOW TO FILE A COMPLAINT AGAINST INSURANCE CLAIM REJECTION Before starting with the process of filing a complaint against insurance claim rejection, firstly, we need to understand, what an insurance claim is and how is it useful for people. Insurance claim works as an assurance by the Legislature or the Administrative Authority to protect the insurers from any kind of damages and loss they have suffered. It is a well-stated fact that ‘where there is a right, there is a remedy.’ If a person has availed the benefits of any policy or insurance relating to life, health, motor vehicle, property or any other...

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ADR : USAGE & MODES ADOPTED BY CORPORATIONS

Alternate Dispute Resolution There are three circumstances that prompt the utilization of ADR by organizations. Right off the bat, corporate basic leadership over working together, for which reception of a contrasting option to prosecution might be attractive. Such case-by-case basic leadership may describe a great part of the utilization of ADR. Also, an imperative variety happens when organizations agree ahead of time to use ADR systems to determine a dispute that will emerge later on And third. Corporations use ADR when a Court orders the parties of the dispute to resolve it themselves through the ADR techniques. The rapid spread of ADR...

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A Comprehensive Study on the Myths and Impact brought by the #METOO Movement

OVERVIEW Change is the second name of life. In this continuously changing society, the recent trend of #METOO came with so many impacts and new changes for the women and the companies that employ women. The Prevention of Sexual Harassment Act, 2013 aims to protect the women from the acts of Sexual harassment that takes at the workplace. Because of which the women remain silent and somehow gives motivation to the sexual offenders at large. As we all know, there are always two sides of the same coin.  You cannot judge the whole incident by only hearing the one-sided story by a single...

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Latest on POSH

INTRODUCTION With the changing scenario and new trends, we are witnessing a lot of positive changes in society.  The reason for so many changes in society is the most popular #METOO online campaign. This campaign somehow provided women all around the world a platform to come and speak about their experiences of Sexual harassment. Recently, The Ministry of Women and Child have suggested a few changes. The Home Minister Mr. Rajnath Singh headed the meeting of Group of Ministers (GOM). The agenda of the meeting was to tackle the issues that require amendments in the laws against Sexual Harassment at Workplaces. The meeting...

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Article 12 : The ‘State’

Introduction Our Constitution has provided us with the definition of State under Article 12. It is important to know the definition of State because in the latter parts of our constitution, for instance, Article 36[Directive Principle of State Police], Article 152[functioning and handling of States] and Article 308[services allocated under Union and States], the word State has been used. Therefore, it is important to know what constitutes State. Definition As per Article 12 state includes: Government and Parliament of India: Government means the group of people with the authority to govern a Country or State. Parliament shall consist Lok Sabha and Rajya Sabha. ...

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Gender Equality

Introduction Men and women both play an important role in the creation and development of society. Still, women have to face inequality in many circumstances. They have to prove their worth and have to fight for their rights even after 61 years of India being Independent. Dishonor, insecurity, and helplessness are always around our women. Gender inequality means unequal treatment wholly due to gender.  It arises from the difference in gender roles. The biasness which starts even before birth. The Government has banned pre-natal sex determination. Still even today people take this test and they abort the girl child. Even after a...

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AADHAAR: A COMPREHENSIVE OVERVIEW

OVERVIEW India is a country known for ‘Unity in Diversity’. Likewise, in a country with a population of over 120 Crore, every person holds a unique identity. Hence, to provide every citizen of India with a unique identity, Government of India came with the scheme of issuing AADHAAR number. Therefore, It issues these numbers in the physical form or we can say in the form an AADHAAR card. The Unique Identification Authority of India also known as UIDAI issues the AADHAAR card or AADHAAR number to every individual. Therefore, It is a statutory body under Section 11 of the AADHAAR Act, 2016 which...

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Law : A Total Perspective.

There are many types of laws in India. For e.g. Indian Penal Code, Code of Criminal Procedure, etc. But, firstly we need to understand what exactly law is? What is Law? There is no specific definition of law provided in any act or code but in simple terms, we can define law as any rules and regulations through which society operates. The law ensures the smooth functioning of society. The law also defines the penalties for non-enforcement of those rules and regulations. The Courts in our country do the work of execution of laws. Our country functions according to the system of...

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