In this paper, we will explore the necessity of mandatory mediation to solve the issue of numerou... more In this paper, we will explore the necessity of mandatory mediation to solve the issue of numerous suits pending in the courts which can easily be solved by the alternative dispute resolutions. We will specifically focus on the concept of the mediation process, prevailing issues in the extant legislative framework in India and how these issues can be resolved by the process of mandatory mediation. We will study the various advantages and disadvantages of making mediation compulsory in certain cases. Therefore, we will attempt to suggest the most suitable framework for mandatory mediation in India, after studying the existing structures in other States like the UK and the US. Finally, we will try to justify how far mandatory mediation can be regarded as the future of mediation in India.
In this research project, we will study the female representation in the company board and their ... more In this research project, we will study the female representation in the company board and their impact upon the overall performance of the company. India has ranked very low in the female-to-male ratio of the workforce in the corporate sector in the past few years. This made it crucial to include provisions in the company laws regarding the appointment of women directors. However, this provision was restricted only to certain classes of companies. Moreover, there were many companies that did not comply with such provisions. The companies which did were mostly found to be appointing their family members to the board and that too, not in positions that required a certain degree of expertise. These loopholes make the whole purpose behind introducing such feministic concepts meaningless and renders them ineffective. In this research project, we will analyse in detail how this situation can be improved.
Companies form a very significant pillar for our country's growth and development. However, compa... more Companies form a very significant pillar for our country's growth and development. However, companies are not a physical or natural entity but a legal entity run by natural persons. In such cases, there are certain duties, liabilities and privileges imparted to a company, like a natural entity. Hence, if there is any anomaly within the company, there should be some mechanism to hold the company liable and make it compensate for the damage or injury it has caused to a party. The concepts of lifting of the corporate veil, which emphasises on the separate personalities of the company and its members, and the liabilities imposed on the directors and shareholders of the company come into the scene to resolve the disputes effectively. These liabilities can be of two types namely, civil liability and criminal liability. In this research paper, we will focus only on the tortious liability of the company and will try to connect it to the various jurisprudential aspects.
Companies form a very significant pillar for our country's growth and development. However, compa... more Companies form a very significant pillar for our country's growth and development. However, companies are not a physical or natural entity but a legal entity run by natural persons. In such cases, there are certain duties, liabilities and privileges imparted to a company, like a natural entity. Hence, if there is any anomaly within the company, there should be some mechanism to hold the company liable and make it compensate for the damage or injury it has caused to a party. The concepts of lifting of the corporate veil, which emphasises on the separate personalities of the company and its members, and the liabilities imposed on the directors and shareholders of the company come into the scene to resolve the disputes effectively. These liabilities can be of two types namely, civil liability and criminal liability. In this research paper, we will focus only on the tortious liability of the company and will try to connect it to the various jurisprudential aspects.
The theory of justice as laid down by John Rawls has left an indelible impression in the field of... more The theory of justice as laid down by John Rawls has left an indelible impression in the field of law and politics. He has focused on the ideologies of liberty, equality and fair opportunity to all. He advocated the etiquettes of equality and social welfare. His theory encompassed the concept of redistributive justice with the analogy of original position and veil of ignorance. His theory was somehow foreshadowed by the framers of the Indian Constitution. It is very relevant in the current scenario specifically in underdeveloped and developing nations like India. In India, we have that the concept of redistributive justice which has been incorporated in the Preamble, the articles of the Constitution and many of the Indian laws. It helps us narrow the gap between the rich and the poor by meeting the needs of social and economic justice. In this research project, we will explore how Rawls' theory is adopted by the Indian legislators and the judges, and how far it has been successful in solving the pressing social, political and economic issues in India.
In this paper, we will explore the necessity of mandatory mediation to solve the issue of numerou... more In this paper, we will explore the necessity of mandatory mediation to solve the issue of numerous suits pending in the courts which can easily be solved by the alternative dispute resolutions. We will specifically focus on the concept of the mediation process, prevailing issues in the extant legislative framework in India and how these issues can be resolved by the process of mandatory mediation. We will study the various advantages and disadvantages of making mediation compulsory in certain cases. Therefore, we will attempt to suggest the most suitable framework for mandatory mediation in India, after studying the existing structures in other States like the UK and the US. Finally, we will try to justify how far mandatory mediation can be regarded as the future of mediation in India.
In this research project, we will study the female representation in the company board and their ... more In this research project, we will study the female representation in the company board and their impact upon the overall performance of the company. India has ranked very low in the female-to-male ratio of the workforce in the corporate sector in the past few years. This made it crucial to include provisions in the company laws regarding the appointment of women directors. However, this provision was restricted only to certain classes of companies. Moreover, there were many companies that did not comply with such provisions. The companies which did were mostly found to be appointing their family members to the board and that too, not in positions that required a certain degree of expertise. These loopholes make the whole purpose behind introducing such feministic concepts meaningless and renders them ineffective. In this research project, we will analyse in detail how this situation can be improved.
Companies form a very significant pillar for our country's growth and development. However, compa... more Companies form a very significant pillar for our country's growth and development. However, companies are not a physical or natural entity but a legal entity run by natural persons. In such cases, there are certain duties, liabilities and privileges imparted to a company, like a natural entity. Hence, if there is any anomaly within the company, there should be some mechanism to hold the company liable and make it compensate for the damage or injury it has caused to a party. The concepts of lifting of the corporate veil, which emphasises on the separate personalities of the company and its members, and the liabilities imposed on the directors and shareholders of the company come into the scene to resolve the disputes effectively. These liabilities can be of two types namely, civil liability and criminal liability. In this research paper, we will focus only on the tortious liability of the company and will try to connect it to the various jurisprudential aspects.
Companies form a very significant pillar for our country's growth and development. However, compa... more Companies form a very significant pillar for our country's growth and development. However, companies are not a physical or natural entity but a legal entity run by natural persons. In such cases, there are certain duties, liabilities and privileges imparted to a company, like a natural entity. Hence, if there is any anomaly within the company, there should be some mechanism to hold the company liable and make it compensate for the damage or injury it has caused to a party. The concepts of lifting of the corporate veil, which emphasises on the separate personalities of the company and its members, and the liabilities imposed on the directors and shareholders of the company come into the scene to resolve the disputes effectively. These liabilities can be of two types namely, civil liability and criminal liability. In this research paper, we will focus only on the tortious liability of the company and will try to connect it to the various jurisprudential aspects.
The theory of justice as laid down by John Rawls has left an indelible impression in the field of... more The theory of justice as laid down by John Rawls has left an indelible impression in the field of law and politics. He has focused on the ideologies of liberty, equality and fair opportunity to all. He advocated the etiquettes of equality and social welfare. His theory encompassed the concept of redistributive justice with the analogy of original position and veil of ignorance. His theory was somehow foreshadowed by the framers of the Indian Constitution. It is very relevant in the current scenario specifically in underdeveloped and developing nations like India. In India, we have that the concept of redistributive justice which has been incorporated in the Preamble, the articles of the Constitution and many of the Indian laws. It helps us narrow the gap between the rich and the poor by meeting the needs of social and economic justice. In this research project, we will explore how Rawls' theory is adopted by the Indian legislators and the judges, and how far it has been successful in solving the pressing social, political and economic issues in India.
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