“Man’s relation to his God was made no concern of the State. He was granted the right to worship as he pleased and to answer to no man for the variety of his religious views.” The instant case is one of the landmarks judgments of the recent past. The case involves a conflict between freedom … Continue reading A COMMENT ON BIJOE EMMANUEL AND ORS. V. STATE OF KERALA AND ORS.
SECTION 36 OF THE ARBITRATION ACT DOESN’T PERMIT ‘AUTOMATIC STAY’: A COMMENT ON HINDUSTAN CONSTRUCTION CO. LTD. AND ORS. V. UOI & ORS.
This article deals with the interpretation of Section 36 of the Arbitration Act whose literal interpretation permits 'automatic stay' of arbitral awards if a party files a setting aside application under Section 34 of the Act. It will also analyse how the Supreme Court resorted to the purposive rule of interpretation of the said provisions … Continue reading SECTION 36 OF THE ARBITRATION ACT DOESN’T PERMIT ‘AUTOMATIC STAY’: A COMMENT ON HINDUSTAN CONSTRUCTION CO. LTD. AND ORS. V. UOI & ORS.
Limited Liability Partnership: Quasi Company, Quasi Partnership or Sui Generis?
Limited Liability Partnership (LLP) is a recent concept which developed as a way out from the cumbersome associated with companies and shortcomings associated with partnership firm. The LLP Act of India carries advantages of the Companies Act and the Partnership Act and leaves disadvantages of the both. It borrows the concept of separate legal entity … Continue reading Limited Liability Partnership: Quasi Company, Quasi Partnership or Sui Generis?
Trust as Ownership: A Critical Evaluation
Mr. Rahul Kumar
Abstract
Trust is a very old but still a very peculiar concept in terms of ownership. Trust may create two or more owners of the same property with different capacities. Therefore, Salmond called Trust an instance of “dual” ownership, on the other hand, Fratcher called it a “split” ownership. However, subsequent authors criticised both the “dual” and “split” concepts basing their arguments on the instances where the requirements of both the concepts might not be fulfilled. Consequently, a vacuum is created as to how can “Trust as ownership”be characterised ? The present article evaluates the different incidents of Trust as ownership and endeavours to arrive at the true nature of Trust.
- INTRODUCTION
A trust is a very peculiar instance of duplicate ownership which permits for the separation of powers of management and the rights of enjoyment.[i] Starting with the concept of ownership that denotes the…
View original post 1,352 more words
B.R.D. HOSPITAL TRAGEDY: AN EXISTENCE OF RES IPSA LOQUITUR OVER U.P. GOVERNMENT’S REASONABLE JUSTIFICATION
ABSTRACT Whether B.R.D. medical hospital tragedy was an accident or a case of medical negligence of hospital administration and doctors or was a result of continuous negligence of the government authorities? Several factors and discrepancies are leading to questions like what was the immediate cause that led to the manslaughter, was it a lack of … Continue reading B.R.D. HOSPITAL TRAGEDY: AN EXISTENCE OF RES IPSA LOQUITUR OVER U.P. GOVERNMENT’S REASONABLE JUSTIFICATION
ANTI-DEFECTION LAW: AN OBNUBILATED DEMOCRATIC OBJECTIVE
INTRODUCTION The Tenth Schedule of the Constitution of India provides provisions as to disqualification on the grounds of defection. The object of the Tenth Schedule is to curb the evil of political defection motivated by lure of office or other similar consideration which endanger the foundation of democracy. The followings are the major features of … Continue reading ANTI-DEFECTION LAW: AN OBNUBILATED DEMOCRATIC OBJECTIVE
May It Not Please Your Lordship!
Your Lordship, It is really unfortunate that an accusation of sexual harassment has been made against you, though you are the Chief Justice of India. Sir, It may be an attack on the integrity of judiciary; There may be a mightier power behind the accusation; The accuser may have a mala fide intention. However, do … Continue reading May It Not Please Your Lordship!
Lawman's Land 