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Showing posts from June, 2021

Justice Hurried Is Justice Buried

  Justice Hurried Is Justice Buried [*] P.S. Khurana             Justice Arjan Kumar Sikri, after taking over as Chief Justice of the Punjab and Haryana High Court, remarkably stated “Justice Hurried is Justice Buried [1] ”. Immediately to my mind strikes “Justice Delayed is Justice Denied”. Are these two jurisprudential concepts are antithesis?             Justice is a generic term, which includes both substantive and procedural justice. In our Constitution, Justice sets the ultimate goal for all of us to serve the nation. It is blend of both natural and social justice, which is evident from the Preamble and Part IV of the Constitution of India. The concept of Justice, though so significant, is used only twice in our Constitution i.e. in the Preamble and in Article 39-A.             The preamble sets out as [2] “to secure to all its citizens-Justice-social, economic and political.......”             Article 39-A [3] envisage that:- “The State shall secure that the ope

Right to Education : A Fundamental Right

Right to Education : A Fundamental Right The aim and goals set forth in the Preamble to our Constitution can be achieved only by educating the subjects of the State. Education will bring the awareness among the citizens of this Nation about their rights and duties in the society. Once they become aware about their rights and duties in its letter and spirit, the aliments crept in our society, automatically vanish. The right to education has been declared a Fundamental Right by way of Eighty Sixth Amendment to theConstitution in the year 2002 . It exhorted and declared that- “21-a Right to Education-The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the state may be law, determine”. This Fundamental right is workable in two fold manner, firstly, casting duty upon the state to provide free and compulsory education, secondly, failure of the state, the subjects can enforce their fundamental right through the recour

Senior Advocates : Ethics and Duties - By P.S. Khurana

    Senior Advocates : Ethics and Duties - P.S. Khurana * Legal education in India is regulated by the Bar Council of India, which is a statutory body constituted under the Advocates Act. 1961.   There are two ways to obtain the degree to practice law and enroll with the Bar Council of India : (1)      a 3-year LL.B program which requires a prior graduate degree ; and (2)     a 5-year integrated B.A., LL.B. program which can commence immediately after secondary school. Some Universities offer both the five-year and three-year degree program 1 . The advocates enrolled in India are only entitled to ‘practice the profession of law’, which includes not only appearing before courts and giving legal advice as an attorney, but also drafting legal documents, advising clients on international standards and carrying out customary practices and transactions 2 . At the State level the Bar Council of India perform oversight functions and lays down standards for enrolment etc. Typically

ICO And Its Legal Framework – The Real Atmanirbhar Bharat Package The MSMEs And Startups Are Actually Looking For: By Aayush Arora, Advocate

  ICO And Its Legal Framework – The Real Atmanirbhar Bharat Package The MSMEs And Startups Are Actually Looking For What Is An Initial Coin Offering (ICO) And How Does It Facilitate The MSME? An MSME especially at its start-up and survival stage requires adequate working capital and funds to keep it afloat. The same is done predominantly by way of seeking loans from financial institutions [1] usually by collateral financing from institutions such as Public Banks or NBFCs such loans are meant to be returned with compounding interests in a timely manner on default of which the lending institutions start exploring their legal options adding on burden of legal expenses in defending such proceedings initiated by the former leading to further cash burn. Other sources of raising capital for the MSME in India is by way of angel investor who might not just hold equity in the business but may also hold a dominant position enough to dictate terms about operations of the business. Money lende