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INTRODUCTION Principle of proportionality is a constitutional standard under the European Union (hereinafter referred to as EU) law. The purpose of this principle is to evaluate Union actions (whether be legislative or executive or administrative). Such a categorization, however, is not well defined under the EU law, which further complicates the role of proportionality principle…

INTRODUCTION The“transfer of cases between states is a fundamental component of a well-functioning judicial system, ensuring that disputes are adjudicated fairly and uniformly across different jurisdictions. In many federal systems, such as in India, the Supreme Court holds a unique authority to transfer cases under specific statutory provisions, particularly Section 25 of the Code of…

INTRODUCTION The Information Technology Act, 2000, which came into force on 17th October 2000 was enacted to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as “electronic commerce,” which involves the use of alternatives to paper-based methods of communication and storage…

INTRODUCTION In the modern, globalised economy, international trade, exchange of goods, services and capital across the borders play a central role. For economic growth, development and international trade, it is essential that they function efficiently. However, cross-border transactions are very complex as they involve parties who belong to different States, each having their own complex…

INTRODUCTION “Right of appeal is a creature of statute and is neither natural nor inherent right.”[1] The settled position of law with regard to appeal is that appeal is not an inherent right rather a mere statutory right. In simpler terms, if a statute provides for the right to appeal, the jurisdiction of the concerned…

Introduction The law of evidence is cardinally based on three principles: When it comes to the Best Evidence Rule, it is also an accepted principle that whenever there is an existence of written documents, they shall be produced as they are the best evidence of their contents[1]. This rule is incorporated under Section 94 of…

Introduction Medical tourism is a concept wherein people travel across international borders to access medical treatment, whether it be surgical or health services and care, mainly due to affordability, and/or access to technology not available in their resident country[1]. In the past few years, India has become a popular destination for medical tourism due to…

INTRODUCTION The Workmen Compensation Act, 1923[1] (subsequently renamed as the Employee’s Compensation Act by the 2010 Amendment) (Hereinafter referred to as “the Act”) was enacted as one of the labour welfare legislation in India, which seeks to give monetary relief to workmen who sustain injury or disability due to accidents during the course of their…