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Surety’s Right to Subrogation — Prior to Payment of Amount to the Creditor
By C.S. Raghu Raman Introduction and Preliminary Context The right of a surety to seek indemnification or subrogation against the principal debtor forms a cornerstone of surety law under the Indian Contract Act, 1872. A central point of contention in jurisprudence is whether a surety can invoke these protective mechanisms prior to making an actual,…
Capital Punishment — In a New Avtar, Part II
By Ranjit Kapoor “Encouraged by the season of sequels in Bollywood, I am buoyed to bring out my thoughts with possible solutions in continuation to my last article bearing the same title.” RECAP of Part I: For an entrepreneur of today, the SARFAESI Act is nothing but a “Capital Punishment in a New Avatar”. Why?…
Death Penalty — India’s Take on It
By Puranjane, Archit Rajpal The concept of awarding punishment, in other words, could be termed as ‘sanction’, an ancient concept which took birth during the time when man started living in colonies which led to the formation of society. Sanction ensured control over the behavior of man and thus protected the interests of society. Sanction…
Rule of Law — A Myth in Indian Legal System
By Hindesh Pal RULE OF LAW The term ‘Rule of Law’ is an ancient term that has again found significance in the present time. Rule of Law is derived from natural law, and natural law is also the source of fundamental rights. According to St. Thomas Aquinas, natural law is “an ordinance of reason for…
Master as Captain, Manager and Scapegoat
By Capt. A.K. Bansal Master is a qualified seafarer in command of a merchant ship. Under common law, the ship’s register evidences this, plus her nationality, port of registry and mortgages, if any. Master is obliged to produce it on demand and declare her nationality at all times. A ship has two legal personalities: She…
Corrupt Business Practices — An Analysis of Managerial and Legal Dimensions
By Dr. Inder Jeet Dagar Corruption: Bribery, Extortion and Nepotism Corruption can be defined as misuse of power of official position for private benefit or advantage. It can take the form of money, special treatment, promotion, and even protection. It can be said that the crux of the legal definition of corruption is taking or…
Dr. Albert Schweitzer — From Bach to the Service of Humanity
By Anoop Bose “You must give something to your fellow man even if it is a little, something for what you have received in return.” Schweitzer was born in Kaysersberg or “Emperor’s Mountain”, one of the finest wine-growing communes in Upper Alsace (then part of Germany, now part of France), on 14th January, 1875. During…
Trademark Infringement Through Product Disparagement in Comparative Advertisements
By Vishal Khare The world today is the world of consumerism. Consumerism is on its rise and the velocity is very high. Every year, over 20,000 products are added to the world market from 49 countries. The common objective of the companies producing such goods is to maximize their profit. They invest a lot of…
The Constitutional Validity of Minimum Wages Act, 1948
By Aniruddh Shastree The Act is Not Unreasonable It can scarcely be disputed that securing of living wages to labourers which ensure not only bare physical subsistence but also the maintenance of health and decency is conducive to the general interest of the public. This is one of the directive principles of the State Policy…
Mahatma Gandhi and the House of Tata — The South African Dimension
By Anoop Bose The Father of the Nation Mohandas Karamchand Gandhi was born in the coastal town of Porbandar in Gujarat on 2nd October, 1869. Armed with two most potent weapons viz. “Satya” (“truth”) and “Ahinsa” (“non-violence”), Gandhi raised human values to new, mercurial heights and demonstrated to the world at large that wars could…