Avatar

harshdeep singh

Author Archives: harshdeep singh

Appeals

INTRODUCTION The judicial process in India depends on the application of ‘judicial mind’ and ‘judicial reasoning’ to decide a dispute. This application of mind is made by the judge, who hears the case. A judge, though trained to decide such disputes while applying the correct law and expounding it too to fit into the facts, is ultimately a… Read More »

Winding Up

Introduction: ‘Winding up’ of a company is the process of closing or finishing up of a company. Under this process, the company ceases to carry on its business. The management of its affairs is taken out of its director’s hands. Instead, an administrator called liquidator is appointed, who takes control of the company in his hands. He realizes… Read More »

Possession

Introduction: Obtaining possession of a property, and performing such action is far easy than defining it in words, i.e. what the word ‘possession’ implies. This statement is warranted and testified by the words of great Legal Scholar, Salmond too. To understand the concept, we must first need to understand the etymology of the word, i.e., the meaning of… Read More »

Settlement of Disputes

Introduction Disputes are inextricably linked to international relations. Increasingly these disputes are no longer just primarily between states but also between states and other parties like international organizations and other non-state actors, and between these actors mutually. In this context, the Charter of the United Nations (UN) plays a major role, in particular, regarding disputes between states. Article… Read More »

Absolute Liability: A journey from Strict Liability

Strict Liability and Absolute Liability The journey of the evolution of a legal principle cannot be better understood through the study of any other principle than of absolute liability principle. It starts from a case of causing private nuisance/harm to a person, arising in the 19th century England, where the court establishes a principle of ‘strict liability’ and… Read More »

Polluter Pays Principle: An Economic Or A Legal Principle?

Introduction: Polluter Pays Principle is a globally well recognized and a much celebrated environmental law principle. The primary function of the Principle is that it helps in allocating the costs and repairing the damage, between different stakeholders, for the harm caused by them to the environment. The principle is also revolutionary in the sense that it places the… Read More »