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MEDIATION ACT 2023- PATH TOWARDS PEACE

MEDIATION ACT 2023- PATH TOWARDS PEACE

MEDIATION ACT 2023- PATH TOWARDS PEACE PART- I- MEDIATION Chapter –I What is Mediation? History Mediation is not a new…

SAME SEX MARRIAGE AND ARDH NARISHWAR –  WHETHER IT IS PARALLEL OR THERE IS RESEMBLANCE?

SAME SEX MARRIAGE AND ARDH NARISHWAR –…

What is Ardh -Narishwar? Is it alike a gay or eunuch? Let us see what is Ardh- Narishwar ‘शंकर: पुरुषा:…

RIGHTS OF RESERVATIONS AS PER POPULATION WHETHER CONSTITUTIONAL PROPOSITION?

RIGHTS OF RESERVATIONS AS PER POPULATION WHETHER…

During the last 40 years in India, politics has been divided into regional and mainstream parties. The mainstream party was…

HIGHLIGHTS OF GUIDELINES RELATING TO  REDEVELOPMENT OF CO-OPERATIVE HOUSING SOCIETIES IN MUMBAI

HIGHLIGHTS OF GUIDELINES RELATING TO REDEVELOPMENT OF…

State Government of Maharashtra received several complaints from the Housing Societies, Housing Federations and individual members regarding the mismanagement of…

क्या आप चाहते हैं कि आपकी सोशल मीडिया पोस्ट वायरल हो या काले बादल? कानून क्या कहता है?

क्या आप चाहते हैं कि आपकी सोशल…

यूट्यूब, ट्वीटर, इंस्टाग्राम प्रचार पाने के नए मंच हैं और खाताधारक खुद को प्रभावशाली व्यक्ति कहता है। वे भारी शुल्क…

ARTIFICIAL INTELLIGENCE A BOON OR BANE

ARTIFICIAL INTELLIGENCE A BOON OR BANE

INTRODUCTION AI is a blessing for health care. When we are scared of an AI in such an arena if…

AMENDING THE CONSTITUTION  BY A JUDGEMENT AND ENCROACHING UPON THE POWER OF THE CONSTITUTIONAL HEAD A JUDICIAL OVERREACH?

AMENDING THE CONSTITUTION  BY A JUDGEMENT AND…

 Why are we discussing this issue? Anoop Baranwal v. Union of India A Constitution Bench of the Supreme Court has…

CAN PARLIAMENT SET UP SPECIAL COURT TO DISPOSE OFF PENDING MATTERS? A DISCUSSION AND SUGESSIONS

CAN PARLIAMENT SET UP SPECIAL COURT TO…

  Indians are a very tolerant community. Citizens are basically law-abiding. But as per data available there are more than…

COLLEGIUM CONTROVERSY AND CONSTITUENT ASSEMBLY REPORT : WITHOUT PREJUDICE ANALYSIS

COLLEGIUM CONTROVERSY AND CONSTITUENT ASSEMBLY REPORT :…

Is NJAC a violation of Article 368 or violates the theory of pith and substance?  To understand we must go…

Collectors Land in Mumbai and Transfers

Collectors Land in Mumbai and Transfers

      An interesting question was asked on Twitter on collectors’ land. The question was whether it is legal…

CAN A COPARCENER/CO-OWNER SELL HIS/HER SHARE IN A JOINTLY OWNED PROPERTY TO A THIRD PARTY?  RIGHT OF PREEMPTION  AGRICULTURE LAND VS RESIDENTIAL PROPERTY

CAN A COPARCENER/CO-OWNER SELL HIS/HER SHARE IN…

 Let us first see the provisions of the Transfer of Property Act 1882 and the Hindu Succession Act 1956. Section…

WHAT IS THE PRINCIPLE OF OWELTY ? WHEN DO THE COURTS APPLY IT IN THE CASE OF CO-OWNED PROPERTY?

WHAT IS THE PRINCIPLE OF OWELTY ?…

 When is a property jointly owned and cannot be partitioned by metes and bounds what remedy is available to parties?…

COLLEGIUM AND CONSTITUENT ASSEMBLY -PITH AND SUBSTANCE  CONFLICT OR DEVIATION?

COLLEGIUM AND CONSTITUENT ASSEMBLY -PITH AND SUBSTANCE…

Nowadays Collegium is a topic of debate. It’s a system where the Committee of Justices of Higher Courts sanctions and…

PREVAILING LAW RELATING TO THE TRANSFER AND TRANSMISSION OF SHARES ON THE DEATH OF A MEMBER  SHORTCOMINGS

PREVAILING LAW RELATING TO THE TRANSFER AND…

 This  blog comes in wake of a judgment I came across of the Bombay High Court in the matter of…

MAHARASHTRA CO-OPERATIVE SOCIETY ACT LACUNAE ABUSE  OF POWER  AN ANALYSIS AND SUGGESTIONS

MAHARASHTRA CO-OPERATIVE SOCIETY ACT LACUNAE ABUSE  OF…

“Nearly all men can stand adversity, but if you want to test a men’s character, give him power.” Said Abraham…

CAN SOCIETY CHARGE MAINTENANCE CHARGES ON AREA WISE BY WHICH LARGER FLAT OWNERS CONTRIBUTE A LESSER AMOUNT THAN SMALLER UNITS?

CAN SOCIETY CHARGE MAINTENANCE CHARGES ON AREA…

  Nowadays an ultra-vires method of chargability has been adopted by several societies. The committee uses its majority power and…

LAW GOVERNING DIVORCE BY MUTUAL CONSENT AND THE CONSTITUTIONAL  PROVISION

LAW GOVERNING DIVORCE BY MUTUAL CONSENT AND…

MARRIAGES ARE DECIDED IN HEAVEN BUT LIVED ON EARTH Introduction: Couples are so eager to get married but are not…

CAN SOCIETY REFUSE TO TRANSFER A FLAT ON AN UNREGISTERED AGREEMENT?

CAN SOCIETY REFUSE TO TRANSFER A FLAT…

CAUTIONARY The Committee of Society should not use the law for harassment but for betterment. We have a question before…

SUCCESSION, TRANSFER, AND TRANSMISSION OF SHARES IN SOCIETY DIED INTESTATE BUT LEFT NOMINATION

SUCCESSION, TRANSFER, AND TRANSMISSION OF SHARES IN…

SUCCESSION, TRANSFER, AND TRANSMISSION OF SHARES IN SOCIETY A peculiar case came up. The deceased a Hindu was a sole…

CAN THE COURT RESTRAIN THE ELECTION COMMISSION TO DISCHARGE ITS CONSTITUTIONAL DUTIES WHEN THE HEARING OF THE MATTER IS NOT OVER? DOES IT AMOUNT TO ENCROACHMENT IN THE TERRITORY OF AN INDEPENDENT CONSTITUTIONAL BODY? MAHARASHTRA SHIV SENA SPLIT AND CONSTITUTIONAL BENCH

CAN THE COURT RESTRAIN THE ELECTION COMMISSION…

“Of course, inasmuch as the power of altering every feature of the Constitution remains elsewhere politically, the Constitution is neither…

Automated Cars, Electric Cars, Accident and Liability: Indian Laws

Automated Cars, Electric Cars, Accident and Liability:…

Autopilot aeroplane, the autopilot engine pulls the entire train. Surprising isn’t it! No human as a driver yet it flies,…

GOVERNOR’S POWER TO CALL A SPECIAL ASSEMBLY MEETING FOR A FLOOR TEST :    Case Study Maharashtra Crisis:

GOVERNOR’S POWER TO CALL A SPECIAL ASSEMBLY…

Before going for a detailed discussion let us see Constitutional Provision related to the Governor in calling a Floor Test…

CAN THE COOPERATIVE SOCIETY COMMITTEE BLOCK ACCESS TO THE COMMON TERRACE?

CAN THE COOPERATIVE SOCIETY COMMITTEE BLOCK ACCESS…

 This is a very common dispute. Most of the time Committee decides on whims and fancies. Which is not permissible.…

GYAN VAPI AND TEMPLES APPLICABILITY OF “PLACES OF WORSHIP LAW- 1991” –DISCUSSION

GYAN VAPI AND TEMPLES APPLICABILITY OF “PLACES…

       MEANING OF GYAN VAPI: This was derived from the name of an adjoining waterbody — Gyan Vapi…

“SECULARISM” IN THE PREAMBLE OF THE INDIAN CONSTITUTION – A CONTROVERSIAL ZONE

“SECULARISM” IN THE PREAMBLE OF THE INDIAN…

The Preamble was used by Supreme Court as an aid to construction in Behram Khurshed Pasikaka v. The State of…

WHEN THE LAW-AND-ORDER SITUATION IS SCRAMBLED CAN ASSEMBLY BE DISSOLVED? CAN THE PRESIDENT ORDER FOR A FRESH ELECTION? LANDMARK CASES   

WHEN THE LAW-AND-ORDER SITUATION IS SCRAMBLED CAN…

Part XVIII of the constitution deals with such a situation that arises in the state of India. Let’s first read…

TRANSFER AND TRANSMISSION OF SHARES IN A COOPERATIVE HOUSING SOCIETY.

TRANSFER AND TRANSMISSION OF SHARES IN A…

Today we are going to discuss unique issues relating to a housing society. Human beings when getting even a little…

CONFLICT OF LAWS:  CAN ARBITRATION OVERRULE RERA?

CONFLICT OF LAWS:  CAN ARBITRATION OVERRULE RERA?

This is an important issue especially when the same tribunal namely MahaRERA has passed two controversial Orders on this issue.…

DOES THE INVESTOR HAVE A REMEDY AGAINST ERRING BUILDERS UNDER REAL ESTATE AND REGULATION ACT ,2016 ( RERA) ?

DOES THE INVESTOR HAVE A REMEDY AGAINST…

To answer this query let us understand the provisions of RERA,2016 2(d) “allottee” in relation to a real estate project…

HINDU MARRIAGE WITHOUT PERFORMING KANYADAAN CEREMONY IS VALID OR VOID MARRIAGE?

HINDU MARRIAGE WITHOUT PERFORMING KANYADAAN CEREMONY IS…

 Nowadays youngsters want to do something new to be some news. Especially Hindus want to break traditions which they are…

MAKING AND REPEAL OF LAWS A FAILED STRATEGY OR STRATEGY TO FAIL CONSTITUTION?

MAKING AND REPEAL OF LAWS A FAILED…

Today Prime Minister of India Shri Narendra Modi in an address to the Nation has withdrawn three Farm Laws which…

ANCIENT INDIA VEDIC USAGE OF  CANNABIS  AND TODAY’S NARCOTIC SUBSTANCE

ANCIENT INDIA VEDIC USAGE OF  CANNABIS  AND…

  When I wrote a negative comment about Aryan Khan on Facebook, I was taken a back by a question…

CAN MINISTER INTERFERE IN INVESTIGATION?

CAN MINISTER INTERFERE IN INVESTIGATION?

We will discuss following issues in this write-up What are the Minister’s general power to review the working of the…

THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES, ACT, 1985 PROVISIONS ,PRESUMPTIONS AND PROSECUTION IN INDIA AN ANALYSIS

THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES, ACT,…

 A WARNING BELL TO SOCIETY  Since corona started, there is also a trend of increase in cases in the consumption…

WHETHER UNSTAMPED ARBITRATION AGREEMENT IS EXECUTABLE? THE CONCEPT OF SEPARABILITY OF THE ARBITRATION CLAUSE/AGREEMENT FROM THE UNDERLYING CONTRACT

WHETHER UNSTAMPED ARBITRATION AGREEMENT IS EXECUTABLE? THE…

Here we will discuss the following issues: (i) Whether an arbitration agreement contained in an unregistered (but compulsorily registrable) instrument…

UNDER INDIAN LAW ONLY SIGNATORIES TO THE AGREEMENT INVARIABLY PROPER PARTIES TO THE ARBITRATION AGREEMENT? DOES INTERNATIONAL PRINCIPLES  OF “GROUP OF COMPANIES” APPLY TO INDIAN ARBITRATION ?

UNDER INDIAN LAW ONLY SIGNATORIES TO THE…

Provisions of Law discussed: Now let us first see what does Act mean by an Agreement and what is format…

EMERGENCY ARBITRATION, WHETHER VALID IN INDIA UNDER ARBITRATION ACT,1996?

EMERGENCY ARBITRATION, WHETHER VALID IN INDIA UNDER…

This interesting issue came up before Delhi High Court in Amazon.Com Nv Investment vs Future Coupons Private Limited & ors…

QUESTION AS TO WHETHER CHILDREN FROM A SECOND MARRIAGE OF A HINDU DIED INTESTED WOULD HAVE A SHARE IN THE ANCESTRAL PROPERTY AN ANALYSIS OF JUDGMENT REFERRED TO LARGER BENCH

QUESTION AS TO WHETHER CHILDREN FROM A…

To understand the question, we must know the law. Preliminary: Point to be considered about Second Marriage is a person…

ABOUT STRIKING DOWN OF 97TH AMENDMENT TO THE CONSTITUTION

ABOUT STRIKING DOWN OF 97TH AMENDMENT TO…

Part IXB under the chapter heading ‘The Co-operative Societies’. The Constitution 97th Amendment Act was passed by the requisite majority…

MODEL TENANCY ACT AND ABSENCE OF DEFINITION OF “LEAVE AND LICENSE” DIFFERENCE BETWEEN LICENSE AND TENANCY HOW TO DETERMINE?

MODEL TENANCY ACT AND ABSENCE OF DEFINITION…

Model Tenancy Act 2020 does not contain definition of Leave and License, why? This question crops up in layman’s mind.…

Bankruptcy Code flaws and escapes of bankruptcy Code

Bankruptcy Code flaws and escapes of bankruptcy…

Insolvency and bankruptcy Code,2016 was enforced with big bang and with hope. Let us first understand the relevant  provisions of…

JUDICIAL ACTIVISM AFFECTING ORIGINAL SCOPE OF DUTIES? An analysis based on Article 138 of the Constitution :

JUDICIAL ACTIVISM AFFECTING ORIGINAL SCOPE OF DUTIES?…

My Quote: We must consider a person whose money and land is blocked in litigation dies everyday. Article 138. Enlargement…

CAN THERE BE ORAL COPY RIGHT ASSIGNMENT?…

Sections 18 and 19 of Copy Right Act 1957 is important for discussion. Let’s see provision of two relevant Sections.…

THE FOURTH ESTATE : THE POLICE (INCITEMENT…

The term Fourth Estate or fourth power refers to the press and news media both in explicit capacity of advocacy…

What is TRP Scandal ?What is BARCIndia…

With a panel size of 180,000 individuals, BARC India is the largest measurement company of its kind in the world.…

Statement under S/164 of Cr.P.C, Eye witness…

In Sushant -Disha murder case this question has arisen. Lets see first provision of Section 164 of Cr.PC Section 164…

MOTIVE, GUILT, CULPABLE HOMICIDE WHEN PROVED BY…

Now a days we hear lots about circumstantial evidence in television debate especially in #SushantSinghCase. How  prosecution can prove case…

The Future of International Courts and Tribunals…

International courts are formed by treaties between nations or under the authority of an international organization such as the United…

Suicide – Power of State and Center…

With alleged Suicide by Sushant Singh Rajput many discussions and debates and view point is expressed by media and other…

ARBITRATION UNDER UNITED NATIONS CONVENTION ON THE…

United Nations Convention on the Law of the Sea (UNCLOS)  An International  Seabed Authority WHAT IS UNCLOS The International Seabed Authority…

International Centre for Settlement of Investment Disputes…

First let us see why ICSID was formed and here we will see Practice, Rules and Jurisdiction of ICSID. With…

Applicability of Permit to run Diamond Polishing…

Whether the Q Company sought to have obtained a License under Section 390 of B.M.C. Act, 1888?  For the ready…

Opinion on provisions of recovery of Octroi…

 Following queries were raised  in a case for Octroi:- What is the time period for recovery of Octroi not paid…

Can You Transfer Property on basis of…

Let us understand what id Power of Attorney ( POA) ? The term POA is defined in the Power of…

Vexatious Litigation Act

Maharashtra has provision to stop vexatious litigant, while for Central Government a Bill No XI is introduced in Rajya Sabha…

Government softens plan to criminalise unwitting offshore…

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