Lawful Talks

A Legal Blog by Prerna Foundation

Month

January 2018

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 →

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