Category: Indian Law
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Regulation of health care delivery in India: What ails the law
Health regulation is critical to define and maintain standards, strengthen accountability, provide social and financial risk protection, assure good clinical outcomes and increase transparency in a country’s health care system. Regulation may be understood as government control over activities of individuals or organisations, and more specifically as government action to manipulate variables such as prices,…
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Execution of Composite and Joint Decrees (Part II)
In the previous part of the blog I discussed about the composite decrees, objections raised during their execution and how to decide them. In this second part of the blog I would be discussing about Joint Decree and some practical problems related to its execution. In the previous part of the blog I framed two…
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Execution of Composite and Joint Decrees (Part I)
Editorial Note: This is the first part of a two-part article series on the execution of composite and joint decrees by Harshit Sharma, Trainee Civil Judge-cum-JMFC, Doctoral Candidate (NLU Jodhpur). The first part discusses about composite decrees, objections raised during their execution, and how to decide them. The second part focuses on joint decree and…
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What will prevail: The Fundamental Right to choose a Life Partner or Honour Killing?
The recent judgement by the Supreme Court in the case of Shakti Vahini vs Union of India comes with an air of finality on the proposition which has lingered over for long. The NGO had approached the court to seek remedy in cases of honour killings wherein the three-judge bench emphatically stated that the fundamental…
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Section 26 of the Arbitration Act: Conflicting Views on Stay of Arbitral Award
The 2015 amendment to the Arbitration and Conciliation Act, 1996 which came into force from 23.10.2015 also brought with itself a host of controversy. This controversy had arisen because of the conflicting views taken by various High courts while interpreting Section 26 of the amendment Act and thereby affecting the position on the stay of…
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Is it their duty as Supreme Court judges to protect the Constitution and also the citizen’s faith in the judiciary?
“The framers of the Constitution were so clear in the federalist papers and elsewhere that they felt an independent judiciary was critical to the success of the nation.” The questions revolve around Justice Deepak Mishra’s arbitrary appointments of benches for cases. A press conference is a grave step, must have taken excessive courage for those…