PRINCIPLE OF PROPORTIONALITY UNDER THE EU LAW AND ITS SIGNIFICANCE IN THE CONTEXT OF SHARED COMPETENCE
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…
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Role of the Supreme Court in Inter-State Transfer of Civil Cases: Challenges and Reforms
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…
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CYBER APPELLATE TRIBUNAL: ITS ROLE AND SIGNIFICANCE
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,…
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UNIFICATION OF INTERNATIONAL TRADE LAW
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.…
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Powers of court of first appeal Under CPC
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…
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Exclusion of Oral Evidence by Documentary Evidence
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…
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MEDICAL TOURISM IN INDIA AND USA
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…
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IS THE WORKMEN COMPENSATION ACT SHORT OF PROVIDING REAL JUSTICE TO AN INJURED EMPLOYEE VIS-A-VIS SUPERVISION DONE BY THE APPROPRIATE GOVERNMENT?
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…
Read MoreAI IN ADR: USING PREDICTIVE ANALYTICS FOR CASE OUTCOME RECOMMENDATIONS
INTRODUCTION Alternative Dispute Resolution (ADR) constitutes a collective framework of mechanisms, including arbitration, mediation and conciliation, through which disputes are resolved outside of the conventional judicial process. Arbitration means…
Read MoreBIO-PIRACY AND INDIGENOUS KNOWLEDGE PROTECTION
INTRODUCTION Traditional knowledge (herein after “TK”) may be defined as the cumulative wisdom, practices and innovations which are developed and preserved by the indigenous communities over generations.[1] In India, such knowledge is closely intertwined…
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