ProceJureLaw

Legal Accessibility for All

At ProceJureLaw, pertinent legal themes are delivered to our readers in an uncomplicated manner along with venturing into avenues beyond the legal field.

“Not all those who wander are lost.”

R. R. Tolkein

IBC – Insights into the Development of the Law and its Analysis

The rationale behind various legislations that are coming into force in recent times is to bring various legislations dealing with similar issues under a single umbrella. The development of the Insolvency and Bankruptcy Code (hereinafter “IBC”) can be attributed to the same quest of the legislators to bring laws pertaining to sick companies under aContinue reading “IBC – Insights into the Development of the Law and its Analysis”

Continuing Mandamus and Environmental Law in India

The right to a healthy environment being a Third Generation Human Right is neither a Fundamental right nor a Constitutional right enforceable by law. Though the Constitution of India imposes a duty on its citizens to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures[1],Continue reading “Continuing Mandamus and Environmental Law in India”

Pre-Trial Proceedings

Code of Criminal Procedure (CrPC) is the procedural law for conducting a criminal trial in India. The basic importance of criminal procedure has to be borne in mind, as it is the procedure that spells much of the difference between rule of law and rule by whim and caprice.[1] A Fair trial means that bothContinue reading “Pre-Trial Proceedings”

New Age Racism during COVID-19

Japanese encephalitis, Spanish flu, West Nile virus, and the ‘Chinese Virus’. It has been a common practice for diseases to be eponymously named according to where it originated from. However, this practice was more or less restricted due to the increased sensitivity towards the particular groups being subjected to ostracization as a result of beingContinue reading “New Age Racism during COVID-19”

An Epidemic of Hatred

Some say the world will end in fire, Some say in ice. From what I’ve tasted of desire I hold with those who favor fire. But if it had to perish twice, I think I know enough of hate To say that for destruction Ice is also great And would suffice. — Robert Frost DefinitionContinue reading “An Epidemic of Hatred”

Judicial Response to the Pandemic: A Step In The Right Direction?

“Access to justice cannot suffer in a lockdown, whatever be the circumstances” ­-Hon’ble Justice Dr. D.Y. Chandrachud[1] It won’t be wrong to say that this pandemic has highlighted the weak links in our justice system. A year ago, when the COVID Pandemic was not a conceivable threat, Hon’ble Supreme Court Justice Shri. Sharad Bobde wasContinue reading “Judicial Response to the Pandemic: A Step In The Right Direction?”

Judicial Review in India

Judicial review is a special power given to the judiciary to keep the constitution as the main guiding element of governance and ensuring its prevalence in every aspect. It runs over the principle of ‘procedure established by law’ under which, the courts test if a law has been made with adherence to the roles grantedContinue reading “Judicial Review in India”

Defamation: Elements of Action

The concept of defamation can be summarised as a tort of lowering someone’s image in the eyes of rightful thinking members of the society, by referring to that person in particular, through a published defamatory statement. In short, it is a tort against one’s reputation. Defamation could be committed in two ways, libel and slander.Continue reading “Defamation: Elements of Action”

Aarogya Setu: A Safe Bet?

Aarogya Setu App: an app launched by the Modi government in order to achieve or make corona free India. The disadvantage of coronavirus is that it is hard to detect and even people of India have been hiding their travel history. Also, if they have any symptoms of COVID-19 they were not aware and treatingContinue reading “Aarogya Setu: A Safe Bet?”

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