Individual’s Right to Marriage vis-a-vis Power of State to Regulate Personal Affairs

Nirati Gupta, Asst. Prof., Law Centre – I, Faculty of Law, University of Delhi Marriage has been defined as a formal union of a man and a woman as husband and wife1. It is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is considered a holy union by most religions, as well as the primary social institution. Some also consider it a civil...

Cannot contest elections for legislative bodies from jail: Supreme Court

Reported by Eira Mishra The Supreme Court had held that a person in jail or police custody cannot contest elections to legislative bodies, bringing an end to an era of under trial politicians fighting polls from behind bars. The apex court has claimed that only “electors” are competent to contest elections. This would imply that a person behind bars, being incompetent to cast his vote is also ineligible...

HC upholds Right to Education norm not to fail child in exam

Reported by Eira Mishra HC upholds RTE’s norm not to fail child in exam: Bombay High Court dismissed a Public Interest Litigation filed before to challenge a provision of the Right of Children to Free and Compulsory Education (RTE) Act which prohibits failure or expulsion of a child before completion of elementary education i.e. standard eight. The High Court observed, “A child suffers an...

Arbitration Agreements under Arbitration and Conciliation Act 1996

Author: Prerna Khatri, Research Associate “For an arbitrator goes by the equity of a case, a judge by the law, and arbitration was invented with the express purpose of securing full power for equity.” – Aristotle In layman’s terms, arbitration can be understood as an alternative means of resolving a dispute between conflicting parties. It is the submission of a dispute to an unbiased...

Environment vs. Development: Striking the Perfect balance

Author: Akshay Shandilya, Research Associate “The means by which we live have outdistanced the ends for which we live. Our scientific power has outrun our spiritual power. We have guided missiles and misguided men1.” Deliberations over degrading environment have the capacity of attracting masses. Be it a television program or a public debate, one can see everyone around him/her bickering as to...

Discharge of Contract under Indian Contract Act

Author: Sourish Saha, Research Associate A contract is discharged when the agreement is terminated. The most desirable case is when a contract terminates because it has been completely performed with all its terms carried out. A contract may be terminated for other reasons, such as a party’s breach or default. The various modes by which a contract can be discharged are by performance, by impossibility,...

Reservation in Promotion of Scheduled Caste/Scheduled Tribe in Administrative Services

Author: Prashant Mishra, New Law College, Bharati Vidyapeeth Deemed University, Pune India is developing into a prosperous industrialized nation yet it lacks proper governance. It has tremendous amount of skilled and unskilled manpower, all kinds of raw materials, an appropriate legal system, a huge market and is a heaven for consumers. Only the government should concentrate on the real basic issues...

Essential Elements of an Arbitration Agreement

Author: Vedang Mishra, Research Associate Arbitration provides for an alternative forum to the time consuming and expensive court proceedings and ensures speedy disposal of cases without the court’s intervention. In India, the provisions of the Arbitration & Conciliation Act, 1996, govern arbitration. As per section 7 of the said Act ‘Arbitration Agreement’ is an agreement by the parties...

India bans testing of cosmetics on animals

LW Legal Update Network India became the first South Asian country to ban testing of cosmetics on animals. Decision was taken at a Cosmetics Sectional Committee meeting of the Bureau of Indian Standards (BIS). Committee was chaired by the Drugs Controller General of India and was in line with the European Union’s stand. Committee on July 28, 2013 (Friday) approved the removal of any mention of...

Justice Palanisamy Sathasivam appointed as 40th CJI

In exercise of the powers conferred under clause 2 of Article 1241of Indian Constitution, President Pranab Mukherjee on June 29, 2013 (Saturday) appointed Justice Palanisamy Sathasivam as 40th Chief Justice of India. Appointment will be effective from July 19, 2013 as Justice Altamas Kabir the present CJI will be retiring on July 18, 2013. Justice Palanisamy Sathasivam belonged to an agricultural...