The Doctrine Of Pleasure In The Indian Context – Balance Between Discretion And Limitations

Abstract The common law principle of the “Doctrine of Pleasure” has been incorporated in the Indian Constitution by means of Article 310 on the basis of ‘public policy’, ‘public interest’ and ‘public good’. The rule embodied in Article 310(1) lays down that all civil servants and defence personnel of the Union serve ‘during the pleasure …

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Constitution: Through the Lens of Women’s Rights

There is still a huge room for improvement with regard to eradicating socio-economic inequalities “I measure the progress of a community by the degree of progress which women have achieved” said Dr. B.R Ambedkar to a gathering of over 3,000 women in 1927. About 20 years later, he served as the chairman of the Constituent Assembly …

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From Litigation to Arbitration: A Paradigm Shift

In India, arbitration is regulated by the Arbitration and Conciliation Act, 1996 which was further amended in 2015 It is a well-known fact that litigation is a time consuming, tedious, and complicated process. Litigation is the conventional and formal procedure of resolving disputes, but the process is a stressful one. Due to the obligation of …

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The Applicability of Res Judicata on Section 9 Applications under the Arbitration Act

INTRODUCTION The provision dealing with grant of ad-Interim orders for the preservation of subject matter of arbitration proceedings is governed by Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ACA). The provision is analogous to the provision incorporated in CPC, 1908 under Order XXXIX, dealing with temporary injunctions and interlocutory orders. …

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