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Showing posts from May, 2021

Legitimacy to legitimation, and beyond…

            A child was born to a couple. They were neither in a live-in-relationship nor married, when he was born. However, they married latter.   Can the child inherit the assets of his biological father? The more radical question would be, whether the marriage of the parents, should determine the right of inheritance or otherwise of a child?   The answer to the former question may largely depend on whether the child is legitimate or illegitimate, while the latter may have to be viewed from beyond this classification.           Child’s legitimacy, would finally decide whether he could inherit his father’s assets or not.   Legitimacy, may trace its pedigree from the Latin maxim ‘pater est quem nuptioe demonstrant ’ meaning ‘he is the father whom the marriage indicates to be so’.   Hence the necessary conclusion is that, a subsisting marriage of child’s parents is the precondition for legitimacy.   Common law accepted and adopted this principle.             The present day la

Arbitration Training in India - The Changing Scenario

  Arbitration training in India is still in a conceptual stage.  The United Kingdom had its first professional body ‘Institute of Arbitrators’ on 1 st   March, 1915, which after the Royal Charter in the year 1979 became the Chartered Institute of Arbitrators (CIArb).  The institute was formed ‘to raise the status of Arbitration to the dignity of a distinct and recognized position as one of the learned professions”.  Today it is one of the internationally accepted bodies accrediting arbitrators and other ADR professionals. There are a few other organisations that focuses on the training of arbitrators and arbitration lawyers. The Indian scenario on arbitration training is rather bleak, as there are hardly any organizations that provide for accreditation of arbitrators, much less for training arbitration professionals. The relevance of arbitration training can be read along with the drastic 2015 amendments to the Arbitration and Conciliation Act 1996 (ACA for short). Sections 29A and 29B

National Workshop On “Institutionalization Of Arbitration & Development Of An Arbitration Bar"

  International Arbitration is perceived by many as a gold mine, treasure substantial, by all means. The Government of India in the recent times have been showing tremendous interest in the field. The experience in other jurisdictions seems to have encouraged the governmental action. There were several individual who have tried to interpret their dream and crossed deserts, faced the challenges of nature and Atlas tasted success. A point has now reached, when we need to fairly concede that commercial dispute resolution cannot be just a regular Government program or realization of an individual dream, it needs to grow as a popular movement intended to achieve a fair share of the treasure. Also Read -  VIT-AP School Of Law: Distinguished Guest Lecture Series - 1 [29th May 2021] Indian Economy is on a growth mode. It may surpass the major economies of the world, in the years to come. The growth of international trade and commerce demands expeditious dispute resolution of commercial dispute

Decisional autonomy of a major daughter – a critical review of Dr. Parameswar Lal Vs. N.N. Ullas and Ors. (2014 (1)KLT 937)

  A Division Bench of the Kerala High Court in  Dr. Parameswar Lal Vs.N.N. Ullas and Ors   (supra), dismissed the writ petition for habeous corpus, filed by a male lover alleging illegal detention of his female partner by her father.  The reasoning of the decision, would take the reader a century backwards to the Victorian age, were a father had unquestioned powers over his wards. The Petitioner and the detenue in the above case are doctors’ by profession.  They decided to get married, as they realized that they were in love. However, this was not approved by the detenue’s father, consequently she was illegal detained.  As usual the detenue was not allowed to report for work or to appear for the ensuing post-graduate entrance examinations. The petitioner therefore approached the writ court seeking issue of habeas corpus for her production and release. The detenue was produced and she confirmed her love affair with the petitioner and also told that it is her firm decision to get married

'Justice to Ajay Henry', and many others – state of emergency medical care in India

https://www.facebook.com/livelawindia/photos/t.100001044259091/663428440413027   “ Kollam, Kerala; February 10, 2014 : Ajay Henry, 22, who died following a car accident at Madannada Junction on the wee hours of 8 th  January 2014, was rushed to the Kollam District Hospital for treatment and to save his life. It was very unfortunate that there was total medical negligence resulting in the loss of life of a youth of 22 years, who could be of great value and service to the society. Although Ajay was rushed to the Kollam District Hospital just minutes after the car accident, there were no doctors present at the hospital’s casualty wing.  What’s more alarming is that the deceased was made to sit in a wheelchair for more than an hour.   There are living witnesses to this fact and they are non other than Ajay’s four friends who rushed him to the hospital and stood with him in the hospital till his last breath. He was later transferred to Medical College Trivandrum upon Doctor’s arrival; howev