MUTAH MARRIAGE: A CONCEPTUAL DISCUSSION

RAJ KRISHNA AND TERESA DHAR

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA 

[GUEST POST #3]

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I. INTRODUCTION 
Mutah Marriage is a kind of marriage among the Muslims recognized only by Ithna Asharia Shias. Mutah in general sense can be defined as a temporary union of male and female for a specific time period after payment of certain consideration.

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ROLE OF GOVERNMENT IN CONTROLLING MARKET

RAJ KRISHNA AND KIRTI KRISHNA

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA & HINDU COLLEGE, DELHI

[GUEST POST #2]

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I. INTRODUCTION

Market refers to the entire area over which the buyers and sellers of a commodity come in contact with each other in order to buy and sell it respectively. The contact may not necessarily connote their physical presence but just a strong network through which they are able to carry the exchange efficiently. One of the most vital conditions for a market to exist is some degree of competition among buyers and sellers. It is because of this rivalry that a market is able to survive.

CASTE BASED RESERVATION IN POST-INDEPENDENT INDIA: A CRITICAL ANALYSIS

RAJ KRISHNA AND SNEHIL

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA 

[GUEST POST #1]

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 1. INTRODUCTION 

 Reservation in general term implies to an act of withholding, reserving or keeping back some of the seats for the upliftment in the status and standard of living of socially and educationally backward sections of the society. Reservation in Indian context can be defined as a form of affirmative action taken by the government whereby a percentage of seats are reserved in the public sector units, union and state civil services, union and state government departments and in all public and private educational institutions, except in the religious/ linguistic minority edu­cational institutions, for the socially and educationally backward communities and the Scheduled Castes and Tribes who are inadequately represented in these services and institutions.

UNIFORM CIVIL CODE [PART 2]

RISHEE RHUDRA AND SHUBHAM APARAJITA 

SYMBIOSIS LAW SCHOOL, PUNE 

(First Published on Volume 01 Issue 03, November 2016) 

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[CONTINUED IN PART 1]

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Maintenance: Under Indian law, the right to maintenance is civil in nature but it is also placed under the criminal code and can be pursued therein. Under Hindu law, a wife has a right to be maintained during her lifetime as per the provisions of the Hindu Adoptions and Maintenance Act, 1956. In what can be called an attempt to reinforce the conservative idea of a Hindu wife, an “unchaste” wife is not entitled to separate residence and maintenance.

UNIFORM CIVIL CODE [PART 1]

RISHEE RHUDRA AND SHUBHAM APARAJITA 

SYMBIOSIS LAW SCHOOL, PUNE 

(First Published on Volume 01 Issue 03, November 2016) 

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ABSTRACT 

India is a country of diverse culture with distinct religions. They are being governed by different laws in relation to marriage, divorce and some other aspects. In the recent days there has been chaos in the Muslim community regarding the following of their personal laws. Many other religions also have some stigma related to their personal laws. In the current paper we would like to highlight some aspects of women and personal laws with regards to different personal laws with a brief history and legal perspective of uniform civil code.

BRINGING DOWN THE WALL: TRANSGENDER RIGHTS IN INDIA FROM A LEGAL PERSPECTIVE [PART 2]

MADHUR JHAVAR AND HARDIK GAUTAM 

INSTITUTE OF LAW, NIRMA UNIVERSITY, AHMEDABAD (GUJARAT) 

 (First Published on Volume 01 Issue 02, July 2016) 

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 [CONTINUED FROM PART 1] 

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HISTORICAL BACKGROUND AND SOCIAL EXCLUSION OF THE TRANSGENDER 

In the ancient religious and other Hindu mythological texts, the transsexual evidences have been witnessed in many incidences of Ardhanarishwara, Ramayana, Mahabharata¹ and also their position was much stronger in Mughal era where they guarded the ladies and the children and were in fact respected. The existence of Transgender community ‘third gender’ is witnessed from more than 4,000 years with the ancient myth that they have the special power to bring luck and fertility.²

BRINGING DOWN THE WALL: TRANSGENDER RIGHTS IN INDIA FROM A LEGAL PERSPECTIVE [PART 1]

MADHUR JHAVAR AND HARDIK GAUTAM 

INSTITUTE OF LAW, NIRMA UNIVERSITY, AHMEDABAD (GUJARAT) 

(First Published on Volume 01 Issue 02, July 2016) 

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ABSTRACT 

India is a democratic country giving utmost priority to the rights of people, not differentiating on the basis of their gender while framing laws, giving emphasis to the rights of the suppressed class is wholly a different matter and out of the scope of the paper. Now when we raise a question what genders are to be considered? For answering this sort of question one must know what a transgender is?

INTERNATIONAL HUMANITARIAN LAW- A BRIEF ANALYSIS [PART 2]

TANU PRIYA

SIDDHARTHA LAW COLLEGE, DEHRADUN

(First Published on Volume 01 Issue 01, May 2016)

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[CONTINUED FROM PART 1]

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Contemporary Challenges for IHL

In contemporary armed conflicts civilians are the primary victims of violations of IHL committed by both State and non-State parties. The nature of contemporary armed conflicts continues to provide challenges for the application and respect of IHL in a number of areas, ranging from the classification of armed conflicts to the use of new technologies. There is a need to understand and respond to these challenges to ensure that IHL continues to perform its protective function in situations of armed conflict.

INTERNATIONAL HUMANITARIAN LAW- A BRIEF ANALYSIS [PART 1]

TANU PRIYA

SIDDHARTHA LAW COLLEGE, DEHRADUN

(First Published on Volume 01 Issue 01, May 2016)

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INTRODUCTION

The international humanitarian law is comprised of international rules, established by treaty or custom, which are specifically intended to solve humanitarian problems directly arising from international or non-international armed conflicts. Its principal aims are to protect persons and property that are, or may be, affected by the conflict - e.g. civilians and prisoners of war and civilian objects - and to limit the right of the parties to a conflict to use methods and means of warfare of their choice.

WOMEN ENTREPRENEURS- CHALLENGES AND SOLUTIONS WITH FOCUS ON SMEs [PART 2]

ABHIJEET KUMAR PANDEY

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY,

VISAKHAPATNAM

(First Published on Volume 01 Issue 02, July 2016)

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[CONTINUED FROM PART 1]

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Obstacles for Women Entrepreneurship in India:

·         Lacking certitude: Though woman may be having the required capability and skill to venture into the global market, they are still not progressing to a great extent due to social stigma and the lack of support from their families. This results in them losing their confidence while managing the business.

WOMEN ENTREPRENEURS- CHALLENGES AND SOLUTIONS WITH FOCUS ON SMEs [PART 1]

ABHIJEET KUMAR PANDEY

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY,

VISAKHAPATNAM

(First Published on Volume 01 Issue 02, July 2016)

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Abstract

As India has paved its way from being a land of snake charmers towards becoming a well-established economy, the status and empowerment of women has been a very important issue in the Indian society. As of today, it can be said that the status of women has changed and they have been contributing to the country’s economy, though in a very less percentage.

HON’BLE MR. JUSTICE T.S. THAKUR (TEERATH SINGH THAKUR) - A BIOGRAPHY

NAMRATA CHOUDHARY & RUCHITA VERMA

SIDDHARTHA LAW COLLEGE, DEHRADUN

(First Published on Volume 01 Issue 02, July 2016)

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Born on 4^th January 1952, Justice T. S. Thakur was elevated to be the 43^rd Chief Justice of India. He previously was Chief Justice of Delhi High Court. Since 17^thNov. 2009 he has been an acting judge of Supreme Court. Justice Thakur has been serving Indian legal system, a way back from 1972 were he was first enrolled as a pleader. He started his carrier under the chamber of his father Late Shri Devi Das Thakur.

THE CONCEPT OF RATIO DECIDENDI AND OBITER DICTA: A DETAILED STUDY [Part 2]

ABHIGYAN MAHARISHI

UNIVERSITY OF PETROLEUM AND ENERGY STUDIES,

COLLEGE OF LEGAL STUDIES, DEHRADUN

(First Published on Volume 01 Issue 02, July 2016)

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Circumstances destroying or weakening the binding force of the precedents.

a)    Abrogated decisions- A decision ceases to be binding if a statute or a statutory rule, inconsistent with it is subsequently enacted or it is reversed or overruled by a higher court. Reversal occurs when the same decision is taken on appeal and it is reversed by the appellate court. Overruling occurs when the higher court declares in another case that the precedent case was wrongly decided and it is not to be followed.

THE CONCEPT OF RATIO DECIDENDI AND OBITER DICTA: A DETAILED STUDY [Part 1]

ABHIGYAN MAHARISHI

UNIVERSITY OF PETROLEUM AND ENERGY STUDIES,

COLLEGE OF LEGAL STUDIES, DEHRADUN

(First Published on Volume 01 Issue 02, July 2016)

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Abstract

Ratio Decidendi, a term that every lawyer hunts for its clear and precise meaning. Although it is a difficult task to search for ratio of a case, but those who succeed in doing so, are supposed to have a good and in depth knowledge of a case.

EMPOWERING SANTHARA THROUGH LAW [Part 3]

NAYAN JAIN AND HARSHITA TOMAR

HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR

(First Published on Volume 01 Issue 03, November 2016)

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1.1.                 Santhara is not Euthanasia

The most imperative recognizing highlight between Santhara and willful extermination is that, euthanasia is mainly motivated by physical reasons i.e. to dispose of the physical agony and enduring. Unexpectedly, the fundamental reason for Santhara is otherworldly i.e. the cleansing of soul.

EMPOWERING SANTHARA THROUGH LAW [Part 2]

NAYAN JAIN AND HARSHITA TOMAR

HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR

(First Published on Volume 01 Issue 03, November 2016)

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PROCEDURE TO PERFORM SANTHARA

Acaramga is the first set of discourses of Mahavira whose history can be traced back 2500 years prior. It is the principal ordinance of Jains, similar to Vedas of Hindus, Bible of Christians, Quran of Muslims and so on. It expresses that:

EMPOWERING SANTHARA THROUGH LAW [Part 1]

NAYAN JAIN AND HARSHITA TOMAR

HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR

(First Published on Volume 01 Issue 03, November 2016)

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ABSTRACT

May death be Auspicious!

-Acarya Vidhyananda Muni^[1]

History of Jainism can be traced back to 2,500 years ago and it still prevails in India. It is mainly represented by nonviolence (ahimsa). Jainism proscribes violence against all living things. It necessitates mendicants as well as laymen to be veracious vegetarians. The practice of fasting unto death i.e., santhara is celebrated as pious-ritual in Jainism though they are strictly against violence.

INDIAN SCENARIO: ARBITRATION AS DISPUTE RESOLUTION [Part 3]

GAURI SHRIKHANDE

ARMY INSTITUTE OF LAW, MOHALI

(First Published on Volume 01 Issue 03, November 2016)

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INTERNATIONAL ENFORCEMENT

It is often easier to enforce arbitration awards in a foreign country than court judgments. Under the New York Convention 1958, an award issued in a contracting state can generally be freely enforced in any other contracting state, only subject to certain, limited defenses. Only foreign arbitration awards are enforced pursuant to the New York Convention.

INDIAN SCENARIO: ARBITRATION AS DISPUTE RESOLUTION [Part 2]

GAURI SHRIKHANDE

ARMY INSTITUTE OF LAW, MOHALI

(First Published on Volume 01 Issue 03, November 2016)

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ARBITRAL TRIBUNAL & RES JUDICATA

The arbitrators which determine the outcome of the dispute are called the arbitral tribunal. The composition of the arbitral tribunal can vary enormously, with either a sole arbitrator sitting, two or more arbitrators, with or without a chairman or umpire, and various other combinations. In most jurisdictions, an arbitrator enjoys immunity from liability for anything done or omitted whilst acting as arbitrator unless the arbitrator acts in bad faith.