Lawful Talks

A Legal Blog by Prerna Foundation

DEVELOPMENTS RELATING TO ADR IN USA

Introduction It is well established now, that the problems which face our civil justice system are not unique in India. But there is much we can learn from what happened elsewhere. In the United States, the ADR movement which was… Continue Reading →

Restorative Justice

INTRODUCTION Restorative justice is a new movement in the fields of victimology and criminology. Acknowledging that crime causes injury to people and communities, it insists that justice repair those injuries and that the parties be permitted to participate in that… Continue Reading →

Common Personal Laws

Personal law applies to a certain class or group of people or a particular person, based on the similar religions, faith, and culture. In India, everyone belongs to different caste, religion and have their own faith and belief. Marriage, divorce,… Continue Reading →

Elections in India

India has a parliamentary system governed under the Constitution of India, which states the decentralization of power among central and state government. The head and supreme commander-in-chief for all defense forces India is the President of India. Election commission is… Continue Reading →

Right To Information Act, 2005

Right to Information Act, 2005 mandates timely response to citizen requests for government information. It is an initiative taken by Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions to provide a – RTI Portal Gateway to the… Continue Reading →

Charge Sheet

A charge sheet is a preparation document of accusation prepared by law-enforcement agencies in India, Pakistan and Bangladesh. It is distinct from FIR. First information report (FIR) is the core document which describes a crime that has been committed. Charge… Continue Reading →

Constitutional Tort

Since governing institution are the governing institution, people gave less emphasis on its liabilities but gradually there were cases in which the state was sued. This led to the formation of Constitutional Tort Law which imposed a liability on the… Continue Reading →

Doctrine of Blue Pencil

The blue pencil doctrine is a legal concept, where a court finds that which portions of a contract is void or unenforceable, and which portions of the contract are enforceable. The Blue Pencil Rule allows the legally-valid, enforceable provisions of… Continue Reading →

Freedom of Religion

India is one of the most diverse nations in terms of religion, it being the birthplace of four major world religions: Jainism, Hinduism, Buddhism and Sikhism.   Freedom of religion in India is a fundamental right guaranteed by Article 25-28… Continue Reading →

#BookRecommendation – Courting Destiny: A Memoir

Courting Destiny: A Memoir by Shanti Bhushan Born in 1925, Shanti Bhushanwas witness to the formative years of the Indian republic. Courting Destiny traces the remarkable story of his life—the family’s origins in the town of Bijnorin the United Provinces,… Continue Reading →

Burden of Proof

The law of evidence is a crucial part of legislature which supplements court’s proceedings. Evidence is the material that establishes a claim or an assertion and enables the court to come to a just decision. The Law of evidence is… Continue Reading →

Media Laws

What Is Media? The term media, which is the plural of medium, refers to the communication channels through which we disseminate news, music, movies, education, promotional messages and other data. It includes physical and online newspapers and magazines, television, radio,… Continue Reading →

Equality before Law

Equality before law is one of the basic principles of liberalism. Thus, law should make sure there is no discrimination among the individuals or group of individuals. Article 7 of the Universal Declaration of Human Rights (UDHR) states: “All are… Continue Reading →

Basic Structure of Constitution

The Constitution of India has stated some basic features that cannot be altered through amendments by Parliament. This is known as BASIC STRUCTURE DOCTRINE. This gives power to Supreme Court to review and repeal the Constitutional amendments and acts enacted… Continue Reading →

Notice under section 138 Negotiable Instrument Act

Introduction Negotiable Instruments are written statements implying payment of money, either on demand or within a time period with the drawer’s/payer’s name on it. In India, Negotiable Instruments Act, 1881 codifies the law governing transactions involving negotiable instruments. There are… Continue Reading →

#BookRecommendation – Nani Palkivala: The Courtroom Genius

Nani Palkivala: The Courtroom Genius by by Soli J. Sorabjee and Arvind P. Datar  Nani Palkhivala – The Courtroom Genius is a first hand account about an individual who was brilliant in the academic, economic, and legal arenas. Nanabhoy A. Palkhivala was born… Continue Reading →

Right To Privacy Under Article 21 of The Constitution Of India

INTRODUCTION The fundamental rights which are embodied in the Part III of the Constitution are nothing but the basic rights and protection given to the all the human beings. Its demand started during the British period only as in British… Continue Reading →

#BookRecommendation – Anonymous Lawyer

Anonymous Lawyer by Jeremy Blachman Written in the form of a blog, Anonymous Lawyer by Jeremy Blachmen is a spectacularly entertaining debut that rips away the bland façade of corporate law and offers a telling glimpse inside a frightening world. This book basically… Continue Reading →

Cello v. Modware

Design Infringement and Passing Off Passing off was once considered to be a common law remedy available only to trademarks. But, an inclusion of the scope of passing off to designs leads to various interesting debates and questions in the… Continue Reading →

#BookRecommendation – Tomorrow’s Lawyers: An Introduction to Your Future

Tomorrow’s Lawyers: An Introduction to Your Future by by Richard Susskind     Tomorrow’s Lawyers predicts that we are at the beginning of a period of fundamental transformation in law: a time in which we will see greater change than we… Continue Reading →

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.

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 →

#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 →

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 →

Alternate Dispute Resolution in IPR Disputes

With growing trade and the inventive process taking place at a global scale demand for hastier resolution of disputes is required in the field of IPR. Issues ranging from ownership to jurisdiction arise frequently. The use of ADR for speedier… Continue Reading →

Failing Single Approach Firms and the Rise of Advanced Hybrid Firms

How India’s Online Conflict Management and ADR Markets are Evolving to Meet the Needs of a Modernising World ?

#BookRecommendation – Loophole Games

Loophole Games by Smarak Swain   This book reveals loopholes available within ambit of law, used by corporate in legal ways to avoid paying taxes. All abusive tax avoidance structures have been brought together here in a single book. There… Continue Reading →

Farm Debt Mediation

Farm Debt Mediation enables the Farmers to mediate their disputes with creditors, and the mediation process provides the farmers an
opportunity to explain what is or has wedged on their capacity to repay debts and to seek mediation facilities for an outcome which
enables and empowers farmers to face the creditor for a structured negotiated deal and to avoid the risk of legal proceedings.

Racism – A cause enough for divorce

This is not bias, this is racism. There is a whiteness travelling from the US to shopping malls in other countries. The High Court’s Certiorari.. A man must be cautious as to how he addresses his wife. As a recent… Continue Reading →

Debt Mediation

DEBT MEDIATION is a Mediation between Creditors and Debtors , and the same can be much effective if we creating a pool of DEBT MEDIATORS, and by expediting with global standards, process and programmes, in consultation with national rules and regulations in the backdrop of general mediation practices.

Dynamic Conflict Management: If You Are Not Keeping up with Technology, Then Your Practice May be Going a Little Flat.

Over the last 10 years, there has been major movement in the field of conflict management.  Science has shown us that there are key differences between disputes and conflicts, and that each of these phenomenon must be treated differently.  As… Continue Reading →

“DRONE” IS IT LEGAL?

Drones are more formally known as unmanned aerial vehicles (UAVs) or unmanned aircraft systems (UASes). Essentially, a drone is a flying robot. The aircrafts may be remotely controlled or can fly autonomously through software-controlled flight plans in their embedded systems working in conjunction with onboard sensors and GPS.

Active Listening in #Mediation

The object of active listening in conflict resolution is to acquire and demonstrate understanding of the other, which will serve as a basis for reaching joint decisions and resulting in resolving a conflict. In order to succeed in this, active… Continue Reading →

Evolution Of Mediation In India

The first elaborate training for mediators was conducted in Ahmedabad in the year 2000 by American trainers sent by Institute for the Study and Development of Legal Systems (ISDLS). It was followed by a few repeated advance training workshops conducted… Continue Reading →

Licensing of Patents in India

INTRODUCTION In the latter part of the 19th century new inventions in the field of art, process, method or manner of manufacture, machinery, apparatuses and other substances, produced by manufacturers were on the increase and the inventors became very much… Continue Reading →

Mortgagor, Mortgagee and Mortgage: Rights and Liabilities

A mortgagor is an individual or a business entity providing a mortgage or security lien to real estate in exchange for the lender providing funds to the mortgagor. A mortgagee is a lender who provides money to the owner of… Continue Reading →

Injunctions

INTRODUCTION Every court is constituted in order to deliver and administer justice among the parties and therefore, must be deemed to possess all such powers as may be necessary to do full and complete justice to the parties before it…. Continue Reading →

Environmental Protection

Like every other developing countries, India has environmental problems which are not confined to side effects of industrialization but reflects the inadequacy of resources to provide the infrastructural facilities to prevent industrial pollution. Although various legislation dealt with several environment… Continue Reading →

Media and Entertainment Law in India

“One of the objects of a newspaper is to understand the popular feeling and give expression to it, another is to arouse among the people certain desirable sentiments, and the third is the fearlessness to expose popular defects.” – Mahatma… Continue Reading →

Acid Attacks Law & Punishment In India

INTRODUCTION In Indian society, the women are given status of Devi the Goddess and in order to protect them from violence and being victim of offences the Indian Parliament is trying its best to enact different laws and from time… Continue Reading →

Gujarat High Court: Convert’s Don’t Lose Right To Inherit Property Under Hindu Succession Act, 1956

INTRODUCTION Happily, the modern Hindu Law of succession is much simpler law than the old Hindu Law. The Hindu Succession Act, 1956 kays down a uniform law of succession for all the Hindus. Old Hindu law and customary law of… Continue Reading →

Understanding Mandatory Mediation under the Commercial Courts Ordinance

The Commercial Courts Commercial Division and Commercial Appellate Division of High Court (Amendment) Ordinance of 2018, dated May 03, 2018, has inserted section 12A to the Commercial Courts Act, 2015, contemplating pre-institution mediation and settlement, before the filing of any… Continue Reading →

Water (Prevention And Control Of Pollution) Act, 1974

Our water resources get contaminated by industrial, agricultural and domestic wastewater everyday. The wastewater poses as a serious health hazard when it reaches wetlands, rivers, lakes and the sea. The Indian Government introduced the Water Act in 1974 (with certain… Continue Reading →

White Industries v/s Republic Of India

Investment Arbitration in India is undergoing a sea of change as the bilateral treaties entered into have broad ambiguous provisions which enable the foreign national to bend and mould the provisions according to their whims and fancy. If the government… Continue Reading →

Sedition – A Draconian Law

In India, you can be charged with sedition for liking a Facebook post, criticising a yoga guru, cheering a rival cricket team, drawing cartoons, asking a provocative question in a university exam, or not standing up in a cinema when the national anthem is being played. Introduction… Continue Reading →

Writs – Provisions in Indian Constitution

Injustice anywhere is a threat to  Justice everywhere                           -Martin Luther  King Jr We might have a thought of how our Fundamental Rights are protected and what the… Continue Reading →

Special Status to Jammu & Kashmir

Permanence of special autonomy On August 15, 1947, when India and Pakistan became independent states, the kingdom of Jammu and Kashmir did not cede to either dominion. Instead, its maharaja proposed a “Standstill Agreement” with both countries. In 1946, when… Continue Reading →

Trademarks – Infringement & Passing Off

With globalization,more and more organizations are associating themselves with various external identifications, like names, tags, symbols, etc. It is seen that the company’s reputation or its ‘image’ rests in such external manifestation. In a world ofextreme competition, it is not… Continue Reading →

#BookRecommendation: #SportsLaw in India

Sports Law in India: Policy, Regulation and Commercialisation (SAGE Law) by Lovely Dasgupta and Shameek Sen   Sports is probably one of the greatest instruments of social cohesion in today’s conflict-stricken world. It has grown from being just an activity for leisure to… Continue Reading →

#Infographics – #Negotiation Techniques

Negotiation is the process where interested parties resolve disputes, agree upon courses of action, bargain for individual or collective advantage, and / or attempt to craft outcomes which serves their mutual interests. In negotiation the disputing party resolve their differences… Continue Reading →

Muslim Man Seeks SC’s Help To Stay With His Hindu Wife

Md Ibrahim aka Aryan Arya, converted to Hinduism to marry a 23-year-old Jain girl from Raipur. He has  now sought help from the Supreme Court alleging that a Hindu Right-wing group and the girl’s parents have forcibly separated them. Ibrahim… Continue Reading →

#BookRecommendation – 48 Laws of Power

48 Laws of Power by Robert Green Although, the name suggests it to be a book for a lawyer; it isn’t. The book is the best text for personality development. Written by Robert Green the book states 48 laws of power,… Continue Reading →

Different Types of Negotiable Instruments

NEGOTIABLE INSTRUMENTS The word “negotiable” means “Transferable by delivery” and the word “instrument” means “a written document by which a right is created in favour of some person. Thus, the term “negotiable instruments” means “a written document transferable by delivery.”… Continue Reading →

Marital Rape – A curse to femininity

The NGO’s Plea.. The Delhi High Court, while hearing pleas seeking to make marital rape an offence, observed that marriage does not mean that a woman is always consenting for physical relations with her husband, PTI reported. The court in its… Continue Reading →

Essentials Of A Valid Marriage In Hindu Law

INTRODUCTION According to the general definition, Marriage is a state of being united to a person of the opposite sex as husband or a wife in a consensual and contractual relationship recognized by law. When it comes to Hindu Law,… Continue Reading →

Drunk Driving – A way closer to Osiris..

The Death Running Onroad… The National Crime Records Bureau’s report on Accidental Deaths and Suicides in India 2015 has been oft quoted by critics. The report suggests that about 1.5 per cent of all the total 4.64 lakh road accidents… Continue Reading →

Misuse Of Section 498A Of Indian Penal Code, 1860

INTRODUCTION To start with first we have to look that what this word marriage means. ‘Marriage is the voluntary union for life of one man and one woman to the exclusion of all others.’ It is a social institution where… Continue Reading →

Appeal, Revision and Review

Reverence of life is the highest court of appeal — Albert Schweitzer Article 21 of the Constitution states that, “no person shall be deprived of his life or personal liberty except according to procedure established by law.” Thus every person… Continue Reading →

One’s Vulgarity Is Another Man’s Lyrics

In March 2018, a Malayalam magazine sparked a nationwide debate. It showed a model breast feeding, on its cover page. The intention behind it was to normalize “breast feeding” in our society. The motto was to accept and respect this… Continue Reading →

A Woman’s Right To Choice – To Love.. To Reject..

My Body.. My Soul.. My Choice.. A woman has a right to live, love and reject. No one can compel a woman to love him & she has an absolute right to reject. They have their own space like man,… Continue Reading →

Legality of Derivative Transactions

Introduction It can be understood from the word ‘derivative’ itself, that it carries no value of its own, rather any attributed value is ‘derived’ from that of an underlying asset “It is a contract for the exchange of cash or… Continue Reading →

Sustainable Development

We humans have infinite wants and an unlimited need for energy to support economic growth and satisfy our wants, whereas the resources needed to fulfill our wants and produce energy are finite or limited. To keep up with the growing… Continue Reading →

Calcutta High Court Issues Guidelines For Rape And Murder Of Minor Cases

INTRODUCTION In today’s world, we are facing a big crisis in the form of crime. Crime is increasing day by day and at a greater level. It is necessary to emphasize here that crime rate against women is very high…. Continue Reading →

Adultery In India

INTRODUCTION: In Indian society, marriage is considered as very important social institutions and the State should punish those who violate the sanctity of marriage. The chapter XX in Indian Penal Code, 1860 deals with the offences relating to marriage. This… Continue Reading →

Artificial Intelligence and its Future Impact on Legal Profession

For more than 30 years now changes and innovation in technology have impacted the practice of law. While on one hand,lawyers have been able to deliver services at faster and cheaper rates on the other the pre-recession employment opportunities have… Continue Reading →

#Infographic – Indicators of Effective #Mediation

Mediation is often assessed in terms of single factor only whether involved parties reached settlement or not, irrespective of the way in which it was steered or the quality of the outcome. While effectiveness of outcome is obviously important, there… Continue Reading →

Private Company v/s Public Company

The word ‘company’ is derived from the Latin word (Com=with or together; panis =bread), and it originally referred to an association of persons who took their meals together. In the leisurely past, merchants took advantage of festive gatherings, to discuss… Continue Reading →

The United Nations Commission on International Trade Law

The Government of India felt that its economic reforms might remain incomplete if corresponding changes were not brought in laws relating to settlement of disputes, especially through arbitration and conciliation. Thus need to reform arbitration law become necessary. The United… Continue Reading →

The Probation of Offenders

The word probation is derived from the Latin Word “Probare”. In legal parlance probation means the release of an offender from prison, subject to a period of good behaviour. According to Black’s Law Dictionary probation is “a court imposed criminal… Continue Reading →

Steps To File RTI in India

Throughout the world, the right to information is seen by many as the key to strengthening participatory democracy and ensuring more people-centered development. Nearly 70 countries around the world have now adopted comprehensive Freedom of Information Acts to facilitate access… Continue Reading →

Development Relating to ADR in India

In countries like US, UK, Canada, Australia and New Zealand, all have opted for rigorous case management of civil litigation and that all consider that ADR has a role to play. It is true that the US has gone much further than others, while Australia and Canada are following fast.

#Infograpghic – Benefits of #Mediation

Mediation is a dynamic, structured, interactive process where a neutral third party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation… Continue Reading →

Indian Council of Arbitration

The rules of Indian Council of Arbitration will apply where the parties decide that – Either a dispute has arisen, or A dispute is likely to arise and such a dispute, either contractual or not, will be settled under the… Continue Reading →

Cyber Bullying

DEFINITION: – The term ”cyber bullying”  is  the combination of two words “ cyber” and “bullying”. The meaning of the cyber is given in the dictionary as “ relating to or characteristic of the culture of computers, information technology, and… Continue Reading →

  Live In Relationships In India

India being a conservative in nature, consider marriage as sacred. Till the end of 20th century live in relation was illegal in India. Though it has been legal from the beginning of 21st cent but the Indian society still cannot… Continue Reading →

#Copyright #Law In India – Introduction

The law of copyright in India is governed by the Indian Copyright Act 1957 (as amended).  The word “copyright” has  to be understood properly before we go deep into the subject. Copyright  is basically is a Right given to the Creator of… Continue Reading →

Kailash Kher alleges Gorakhpur Maholisar theme song is a copy of his Adiyogi

“People should be informed and aware about how bad it is to copy someone else’s original creation, one should follow rules and take permission”- Kailash Kher Kailash Kher is an Indian pop-rock and Bollywood playback singer with a music style influenced… Continue Reading →

Air ( Prevention And Control Of Pollution ) Act, 1981

Passed by the Indian Government in 1981, Air ( Prevention and Control of Pollution ) Act was created to take appropriate measures for the conservation of clean and high quality air and to control the level of air pollution …. Continue Reading →

Counterfeit Laws In India

Counterfeit laws in India covers: copyright and related rights (i.e. the rights of a performer, producer of sound recording & broadcasting organisation); trademarks including service marks; geographical indications; industrial designs; patents ; layout designs of integrated circuits; and undisclosed information… Continue Reading →

Indian Constitution and Challenges In Law

Introduction : The Constitution of India was adopted on 26th November 1949 and formally implemented from 26 January 1950. It’s been 66 years and is still serving India better than ever now. Constitution of India comprises of 448 articles in… Continue Reading →

Arbitration vs. Litigation

People no longer recognize themselves as belonging to one particular country nowadays as the notions of traditional nationalism is dwindling day by day. ‘Global Citizens’, ‘Global Communities’…these are some of the terms people like to attribute themselves to. With the… Continue Reading →

Arbitration and Conciliation (Amendment) Act, 2015: Why is there a need for such an amendment?

India has long been seen as the dark sheep in the field of Arbitration, both international and domestic. Even with the coming of the Arbitration and Conciliation Act, 1996, no significant improvement was seen at the dismal rate at which… Continue Reading →

Equal Remmuneration

In today’s globalised liberalised scenario, women form an integral part of the Indian workforce. In such an environment, the quality of women’s employment is very important and depends upon several factors. The foremost being equals access to education and other… Continue Reading →

Ten Questions Not To Ask In Cross-Examination In #InternationalArbitration

No one can deny the increasing importance of international arbitration in today’s connected business world. Because arbitration awards are much easier to enforce abroad than domestic court judgments are, and due to the perceived neutrality of international arbitration compared to… Continue Reading →

#BookRecommendation – How to Argue & Win Every Time: At Home, At Work, In Court, Everywhere, Everyday

How to Argue & Win Every Time: At Home, At Work, In Court, Everywhere, Everyday by Gerry Spence   Gerry Spence, one of the noted trial lawyer of America, penned down this commendable book. In his book, Spence states that… Continue Reading →

Wrongful Confinement Vs Wrongful Restraint

In any country, in any law holding a person against his/her will is not only a crime but is also morally wrong. In India, Wrongful Confinement and Wrongful Restraint are two crimes which are against the Human Body and these… Continue Reading →

Grounds Of Divorce In India

In India, over the years ,  divorce rate has been increasing. But still India is one of the country with lowest rate of divorce in the world. India has  different  laws for matters relating to marriage, succession , inheritance etc,… Continue Reading →

#CaseComment – White Industries Vs. Republic Of India

Investment Arbitration in India is undergoing a sea of change as the bilateral treaties entered into have broad ambiguous provisions which enable the foreign national to bend and mould the provisions according to their whims and fancy. If the government… Continue Reading →

How To Get A Surviving Member Certificate?

 Surviving Member Certificate What IsSurviving Member Certificate? Difference Between Surviving Member Certificate AndA Succession Certificate WhoTo Approach ForA Surviving Member Certificate? Procedure For Surviving Member Certificate In Person Required Information ForSuch Certificate Required Documents For Surviving Member Certificate

Consumer Protection

Consumer means: One who buys goods for a consideration for personal use One who uses such goods with permission of buyers of goods One who obtains goods on hire purchase or lease One who hires or avails of any services… Continue Reading →

#BookRecommendation – How to Argue & Win Every Time: At Home, At Work, In Court, Everywhere, Everyday

How to Argue & Win Every Time: At Home, At Work, In Court, Everywhere, Everyday by Gerry Spence About Book: Gerry Spence, one of the noted trial lawyer of America, penned down this commendable book. In his book, Spence states that… Continue Reading →

#KathuaRapeCase: SC Issues Notice to J&K Lawyers and Bar Association

The Supreme Court has taken suo motu cognizance of contentious Kathua rape and murder case. In the heinous crime an 8 eight year old girl was brutally raped and murdered in the District of Kathua in Jammu and Kashmir. The intensity of… Continue Reading →

Essential Legal Words for Drafting – Part 3

Preclude – prevent from happening; make impossible. Prejudiced – harm or injury that results or may result from some action or judgement. Prima facie – on the face of it. Promulgation – to make known by open declaration; publish; proclaim… Continue Reading →

#BookRecommendation – Alternative Dispute Resolution: The Indian Perspective

Alternative Dispute Resolution: The Indian Perspective by Shashank Garg   Alternative Dispute Resolution (ADR) is a mechanism to resolve disputes outside the courtroom through mediation, arbitration, negotiation and conciliation. With the rapidly changing business and commerce landscape, the demand for… Continue Reading →

Substantive Law Vs. Procedural Law

Laws in are essential to maintain peace and order in any society. There are some laws which define the rights and liabilities of the parties and some others which tell how the proceedings should be carried on by the functionaries…. Continue Reading →

Essential Legal Words for Drafting – Part 2

Erect –rigidly upright or straight. Erudite – learned. Estoppel – the principle which precludes a person from asserting something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination…. Continue Reading →

Part 2: Becoming a #Mediator

Part 2: Becoming a Mediator Understanding road map to become a Mediator. What is mediation? Mediation is a technique of facilitating dialogue or discussion between disputing parties with a neutral third party i.e. a mediator, for bringing a mutual resolution… Continue Reading →

Patent- A Property: India Vs USA

A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented… Continue Reading →

Part 1 – Becoming a #Mediator

Part 1: Becoming a Mediator Understanding road map to become a Mediator. What is mediation? Mediation is a technique of facilitating dialogue or discussion between disputing parties with a neutral third party i.e. a mediator, for bringing a mutual resolution… Continue Reading →

Fundamental Duties

Fundamental duties were added to our constitution by the 42nd constitutional amendment, 1976 on the recommendation of the Swaran Singh Committee. Initially, there were only ten duties but due to the passage of time it was felt that parents have… Continue Reading →

Husband Cannot Divorce His Wife Who Is Terminally Ill For Consideration: Supreme Court

Anuradha Samir Vennangot v. Mohandas Samir Vennangot Facts The petitioner wife got married with the respondent husband in April 2013. The petitioner was a divorcee wife while the respondent was a bachelor. In 2013, some misunderstanding developed between them and… Continue Reading →

Part 1 – Essential Legal Words for Drafting

Accentuating – More noticeable. Accustomed – Customary; usual. Ad hoc – created or done for a particular purpose as necessary. Advent – arrival of a notable person or thing. Aequitas – Equity i.e. fair or just according to natural law…. Continue Reading →

#BookRecommendation – Law as a Career

Law as a Career by Tanuj Kalia About the Book: Are you a school student thinking of pursuing law as a career? Are you a law student wondering how to succeed in the legal world? If yes, this book is for… Continue Reading →

Ex – Wife Is Not A Relative Of The Husband Under Section 498 – A: Gujarat High Court

HoneyBen Ashok Bhai Patel vs. State of Gujarat Facts Rakeshkumar Bhavsar got married with respondent No. 2 in 1995 and had two children with her. He died in 2001 and 9 years after that, respondent no. 2 got married to… Continue Reading →

Rights Of Citizen

The Constitution seeks to secure to the people “the liberty of thought, expression, belief, faith and worship, equality of status, equality of opportunity and fraternity assuring the dignity of the individual”. The Nehru Committee recommended the inclusion of fundamental rights… Continue Reading →

Confidentiality In International Arbitration

One of the main reasons why arbitration is preferred over litigation is because of the confidentiality of proceedings and the award. It maintains the autonomy of the parties and prevents them from unwanted publicity. However, many international rules and national… Continue Reading →

Summon Cases Vs. Warrant Cases

In Criminal Procedure Code (CrPC) 1973, criminal cases are divided into summon cases and warrant cases. This categorisation of criminal cases has been done intentionally because the procedure of trial in the two cases is different as the seriousness of… Continue Reading →

London Court Of International Arbitration

The London Court of International Arbitration (LCIA) is one of the world’s leading international institutions for commercial dispute resolution. The LCIA provides efficient, flexible and impartial administration of arbitration and other ADR proceedings, regardless of location, and under any system… Continue Reading →

Third Party Funding In International Arbitration

Arbitration has always been promoted as one of the alternative mechanisms of dispute resolution providing parties with many advantages over litigation. At the same time, it is now commonly accepted that lower costs are no longer one of such advantages… Continue Reading →

Active Listening in Mediation

The object of active listening in conflict resolution is to acquire and demonstrate understanding of the other, which will serve as a basis for reaching joint decisions and resulting in resolving a conflict. In order to succeed in this, active… Continue Reading →

Is Alternative Dispute Resolution The Only Way ?

Alternate Dispute Resolution (ADR) is a term that is used for describing a wide array of practices, the purpose of which is to manage recent issues of legal importance at a quicker and economic way than a time-consuming and expensive… Continue Reading →

Advancement of Arbitration in India

The existence of an organised society presupposes the existence of law. Human being is a state of nature that was governed by the law of nature based on reason. All human problems and disputes were then determined by moral laws…. Continue Reading →

Euthanasia And The Concept Of Living Wills

Euthanasia is the painless killing of oneself, voluntarily, due to suffering of terminal illness or like diseases. It is of two kinds: active and passive euthanasia. While active euthanasia allows a person to voluntarily kill himself through the directed use… Continue Reading →

Legislations Recommending Arbitration As A Dispute Resolution Mechanism

Arbitration has proven to be cost and time effective in settling legal disputes. It complies to all the principles of justice and also releases a humongous workload from the “over-burdened” Justice administration system of India. The below discussed are the… Continue Reading →

Why did Indian Government cancel 58 Bilateral Investment Treaties?

Bilateral Investment Treaties (BITs) provide for the promotion and protection of investments by one country’s investors in the other. Such a promotion of investment is obviously reciprocal in nature. Although these agreements take place between different governments, the ultimate beneficiaries… Continue Reading →

E-Contracts in India

A contract, in layman’s language, is a lawful agreement between two or more people, to do or to refrain from doing something and in return avail a benefit, called the ‘consideration’, which is normally in the form of money. Due… Continue Reading →

Is Alternate Dispute Resolution The Only Way ?

Alternate Dispute Resolution (ADR) is a term that is used for describing a wide array of practices, the purpose of which is to manage recent issues of legal importance at a quicker and economic way than a time-consuming and expensive… Continue Reading →

Lack of Awareness in Arbitration: The Indian Scenario

Arbitration is a form of ‘alternative dispute resolution’ that has been widely promoted by all the three organs of the State for speedy and efficient delivery of justice and yet, only a few know of its advantage over the traditional… Continue Reading →

ADR Movement in USA

In today’s modern world, most of the population knows the problems which face our civil justice system are not unique to India but there is little knowledge about what is happening in the rest of the world. In the United… Continue Reading →

Judicial Activism vs. Judicial Review

Introduction Judicial Review refers to the power of the judiciary to review and determine the validity of a law or an order while Judicial Activism refers to the use of judicial power to articulate and enforce what is beneficial for… Continue Reading →

Bail

Introduction Bail is the release of a person from prison who is awaiting trial or an appeal by depositing any form of security to ensure his submission at the required time to legal authority. The monetary value of the security,… Continue Reading →

Was it just a storm in a tea cup? IT’S COMPLICATED

What began as faint murmuring in court corridors has turned into a loud clamor in the national media. An institution which has long prided itself on its reputation for secrecy and delicacy, while demanding accountability and transparency from other branches… Continue Reading →

Kesavananda Bharati vs. State of Kerala

Introduction The case of Kesavananda Bharati v. State of Kerala is perhaps the most well-known constitutional decision of the Supreme Court of India. While ruling that there is no implied limitation on the powers of Parliament to amend the Constitution,… Continue Reading →

Dealing with Emotions during Mediation – Neurology and Practical Tips

Who could imagine heightened emotions go together with conflict? Mediators, attorneys, and other legal practitioners get the closest look at this pairing during most of their work. Surprisingly, the topic is often only given a cursory treatment during training; with… Continue Reading →

Case Comment: Maneka Gandhi vs Union of India

Introduction The case of Maneka Gandhi vs Union of India is considered as a landmark judgement due to its significant role towards the transformation of the judicial view on Article 21 of the Constitution of India that further let to… Continue Reading →

Will: The Testament of Property

A will or a testament is a legal declaration made by the owner (testator) in which he names one or more than one person to manage his/her estate. Will preparation is a very simple process because there is no fixed… Continue Reading →

Right to Education

Introduction Education is one of the basic elements for the success of democratic system of any Government. An educated citizen may choose better representatives to form the Government. Education provides human dignity to a person, to develop himself as well… Continue Reading →

Prenuptial Agreements and the Indian Scenario

A marriage is a match made in heaven, it is said. This can’t be more apparent when seen through the lens of an ‘Indian Wedding’ photographer who captures the years old tradition that goes into the making of such a… Continue Reading →

Potential Impasse in Mediation – Myth or Mislabeled? The Perspective Approach

Impasse during mediation is an expectation, if one considers the number of times mediations fail to result in durable agreements between parties. Confidentiality precludes exacting answers, but the track record for reaching successful outcomes hovers around 65 – 70 percent… Continue Reading →

Case Comment: State of Madhya Pradesh vs Madan Lal

Dilution or outright waiver of punishment if a rapist offers to marry his victim is an extra-legal step, one that is not written into law anywhere. But it continues to be entertained because the internalization of stigmatization is wide-spread, and… Continue Reading →

Mediation based on Type and Style – Ultimate Flexibility for Professional Results

When asked to speak on types or styles of mediation, my first thought is always “flexible.” In training to become a mediator, the main types of mediation taught are Facilitative, Evaluative, Narrative, and Transformative. Most schools (and practitioners) have one… Continue Reading →

Human Rights And Gender Equaltiy: A Concept Or A Goal

Every human being is considered as a rational being pursuing certain amount of intellectuality. He has to survive through the society by performing certain duties he is supposed to perform. But the duties alone are not what he gets. He… Continue Reading →

Difference Between Hearings and Trials

While speaking in the law jargon, a trial and a hearing have very different meanings. A hearing is a procedure before a court or any higher authority whereas a trial happens when the opposite parties come together to present all… Continue Reading →

Should Mediation Exist as an Option for Criminal Law Cases?

Mediation should be the primary approach in civil or non-criminal cases. This seems to be an emerging theme globally, and not just in India, as potential litigants become more educated about the benefits of “mediation first” and seek out competent… Continue Reading →

7 Landmark Court Cases That Changed The Laws In India

Indian legal system is often under great scrutiny by media and public, in general. The judges and courts are often blamed for things like wrong, biased judgements and verdicts, corruptions etc. The legal system in any country has many loopholes,… Continue Reading →

Forgiveness, Restorative Justice, and Mediation – A New Pathway?

When researching forgiveness, my first trip was to Amazon, to see if contemporary authors hold validating positions on the subject. Even though there are over 2,100 books available on the subject on Amazon, few approached forgiveness as anything other than… Continue Reading →

The Infamous 2G Spectrum

Introduction The 2G Spectrum Scandal, one of the biggest financial scams of the contemporary era, involved the alleged corrupt sale of telecommunications bandwidth to selected organisations at prices that understated the real market value of the asset in 2008. The… Continue Reading →

Case Comment: I.C. Golak Nath And Ors. vs State of Punjab And Anr. on 27 February 1967

Introduction Golak Nath vs State of Punjab, or simply the Golak Nath case, was a 1967 Indian Supreme Court landmark case, in which the Court ruled that Parliament could not curtail or limit any of the Fundamental Rights in the… Continue Reading →

Seeking the “Holy Grail of Justice” Through Mediation

Expanding the scope and impact of mediation by embracing the concept of “Appropriate Dispute Resolution” is essential to the ‘Holy Grail of Justice,’ which is universal support for a neutral-led intake and first step program for all conflict short of capital crimes. With… Continue Reading →

Judicial Process vs Arbitration vs Mediation

Alternative dispute resolution (ADR; known in some countries, such as India,as external dispute resolution) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective… Continue Reading →

“ADR” Gets a New Outlook in India

In India, the term ADR stands for “Appropriate Dispute Resolution” and it shifts participant awareness towards a form of forward – looking justice and conflict management as a preferable choice over litigation. Is this truly tenable? Is it truly the… Continue Reading →

5 #SupremeCourt #Judgments on Indian #EvidenceAct, 1872

The Indian Evidence Act, originally passed in India by the Imperial Legislative Council in 1872, during the British Raj, contains a set of rules and allied issues governing admissibility of evidence in the Indian courts of law. The enactment and… Continue Reading →

Mediation and Arbitration: What You Need To Know

Many court cases (especially civil cases) are handled out of court with both parties coming to an agreement and settling on a sum to stop the litigation. Mediation puts you in control of the results. LegalYou can help you opt… Continue Reading →

Mediation – The Path to Successful Dispute Resolution

“My joy was boundless. I had learnt the true practice of law. I had learnt to find out the better side of human nature and to enter men’s heart. I realised that the true function of a lawyer was to unite the… Continue Reading →

The US Judiciary System v/s The Indian Judicial System

“Peace without justice is tyranny!” It is a truth widely accepted in India that if one gets embroiled into a legal situation, it would take one decades to come out of it. This was one of the worst fears of… Continue Reading →

5 Basic Rights The Law Guarantees Every Indian Consumer

“Consumer can be king only if he protects his rights as though it is his kingdom!” A fiercely competitive market comes with its own benefits – of having a choice and getting only the best, but also has its own… Continue Reading →

Exploring Mediation

Is going to court the best way out for any legal matter? Or, is there a better alternative? And how will the legal industry look like in the next 5 years? Let’s find out in this special feature where Prerna… Continue Reading →

A Court Case that would have been ‘Better Served’ by Mediation

An anecdote, typical of today’s norm in a random conflict scenario: A potential client contacted me for assistance in a matter she needed to respond to in a small claims court. I told her I was not an attorney. She… Continue Reading →

Conciliation Vs. Mediation

Conciliation and mediation share a common framework, with two main differences. First, conciliation has a component of interpretation and clarification from the conciliator, focused on lowering tensions, improving communication between the parties, and expanding the potential for positive outcomes that… Continue Reading →

Mediation – A primary mode of Dispute Resolution

    Mediation is a party – centric and structured negotiation process where a neutral third party assists the parties in amicably resolving their dispute by using specialized communication and negotiation techniques. Mediation is also voluntary. The parties preserve the… Continue Reading →

What if Conflicts were not Bad?

Very interesting TedxTalk on Conflict. It deals with the question: What if Conflicts were not Bad? It talks about mediation without labeling it. The important shift from trying to manage people with the conflict to ensuring there is a process… Continue Reading →

Why going to Panchayats may be better than going to Courts

We all know that there is a stark divide in India – in the way in which cities work, and the way in which rural areas run. On one hand is the ‘urbanized’ culture spread across various cities and metros… Continue Reading →

Saam Daam Dand Bhed Seemingly Nullified

When it was observed that corporates preferred alternative methods to dispute resolution, there has been a new addition to the Companies Act of 2013 namely, mediation and conciliation. For the purpose of conciliation and mediation, individual states have their own… Continue Reading →

Mirror Mirror On The Wall Mediation’s the Fairest Of All

The process of dispute resolution via mediation typically involves the parties to the dispute, their respective attorneys and a neutral mediator. This process is involuntary and may even be non binding on the parties. In that, the result could be… Continue Reading →

The MCIA Rules

Due In part to the inundation of the judiciary in the past due to the overwhelming number of cases between two corporate entities, over varied reasons, the formation of a dispute resolution mechanism was undertaken by the Government of India…. Continue Reading →

Ensure Both Sports and Justice Prevail Through Mediation

Sports as an industry though progressed in the 20th century, it has been seen as a medium of a country’s measure or yardstick of prowess. Although not as emotion draining as military operations and espionage may prove to be. It… Continue Reading →

Corporate Cat Fights Resolved Via Mediation Cost Effectively

When it comes to board room brawls or in the case of two competitors being in tussle over any issue regarding their respective companies, it can be observed that tempers are usually flared and the corporate entities do not mind… Continue Reading →

Culture – A Weapon For Peace Not War

It is said that the world is shrinking. Although not physically, different countries being endowed with different resources have to trade with their counterparts from across their immediate border to also a country across the seas. In such a scenario… Continue Reading →

Scope of ADR in Dispute Relating to Intellectual Property

In an increasingly intangible world, where there are more websites than shops and brick and mortar establishments as well as more and more corporate entities preferring to deal online rather than offline, it has become quite imperative that they are… Continue Reading →

No Love Lost When Problems Are Mediated

Wherever there are two or more parties involved with a common interest, there is always a potential for a situation where a dispute may arise. Whether it is a business relationship or something as amicable as friendship or even love…. Continue Reading →

Role of Lawyers in Negotiation

Negotiation is part of life: We do it all day, every day. Negotiation is a method by which people settle differences. It is a process by which compromise or agreement is reached while avoiding argument and dispute. In any disagreement, individuals… Continue Reading →

The Different Hats of a Mediator

The mediator is not a judge and does not render decision or impose a solution on any party. Rather, the mediator helps those involved in the dispute talk to each other, allowing them to resolve the dispute amongst themselves. The… Continue Reading →

Mediation: Need of the Hour

Mediation is a process of third-party involvement in a dispute. A mediator cannot impose an outcome but rather assists the disputing parties in reaching their own agreement. Mediation can be used in a wide range of disputes, including labor disputes,… Continue Reading →

The Art of Negotiation

Negotiation is a dialogue between two or more parties, with the intent of coming to a mutually agreed solution, because each party has something the other wants. Successful negotiation is an art form that comes naturally to some, but must… Continue Reading →

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