Feroz Pathan

Blessed are the advocates

April 21, 2022

Blessed are the advocates ! They have voluntarily chosen to be ‘the voice of voiceless’. They are shouldered with the sacred duty of assuaging societal rifts between persons and persons, persons and institutions, persons and state, between two or more states, and two or more countries. They are the problem...

MEDICAL NEGLIGENCE OF DOCTORS: LEGAL COMPLEXITIES IN CULPABILITY

May 31, 2021

In these exigent hours of Covid pandemic, the doctor-patient relationship has suddenly come in the eye of storm. The hapless patients are seen left at the mercy of doctors and hospitals. Allegations of medical negligence are surfacing day in and day out. Medical profession is considered as one of the...

SELVI V STATE OF KARNATAKA: PUSHING THE CONTOURS OF FUNDAMENTAL RIGHTS

May 18, 2021

The landmark judgement of Selvi v State of Karnataka AIR 2010 SC 1974 delivered by Hon’ble Supreme Court bench led by the then CJI K.G.Balakrishnan comprising Justice R.V.Raveendran and Justice J.M.Panchal became a canonical law in medical examination of the accused. This judgment proved to be a milestone in the...

The anomaly in Afcons Infrastructure case

April 21, 2021

Is Section 89 of CPC, 1908 really an attempt to put a cart before the horse? Can the clash between Section 89 of CPC and Section 73 of ‘The Arbitration And Conciliation Act,1996’ be resolved ? The Arbitration Act, 1940 was replaced by the Arbitration and Conciliation Act, 1996. The...

Circumstantial evidence: A Herculean task for prosecution

January 15, 2021

The objective of criminal proceedings is to protect the essential societal public interests as opposed to private interests in civil matters. The life, liberty and dignity of a person is often at stake in a criminal trial. Unlike civil trials, where damages and compensations can do good the loss, criminal...

ANALYSING LAW OF DIPLOMATIC RELATIONS AND IMMUNITIESFEROZ PATHAN

December 19, 2020

Law of diplomatic relations is of ancient origin. It derives strength from the concept of ‘Sovereign Equality’ and ‘Sovereign Immunity.’ International relations of different nation states in pursuit of their national interest and goals have witnessed a sea change. Nation-states today interact not only with other states but also with...

An overview of the Immoral Traffic Prevention Act, 1956

December 3, 2020

Prostitution is one of the worst forms of woman subjugation and exploitation in twenty first century. Every society is plagued with it. Almost every country in the world is affected by trafficking in general and prostitution in particular as a country of origin, transit or destination for victims. Since time...

International human rights in light of George Floyd

October 5, 2020

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood,’ enunciates Universal Declaration of Human Rights (UDHR). The harrowing incident of Mr.George Perry Floyd, an African-American black who was killed...

Bail reforms in India: A clarion call

September 17, 2020

Laws should be like clothes, they should be made to fit the people they are meant to serve. Indian Constitution expressly enunciates India to be a ‘socialist’ nation. Justice-social, economic , and political & Equality of status and opportunity are one its vital cornerstones. The bail jurisprudence of India, however...

Euro-centrism, Islamic jurisprudence and public international law: An examination

August 18, 2020

It’s rightly said that “Law of nations is nothing but a law of nature applied to nations in a state of natural liberty.” An insightful dealing with the genesis of public international law from the lens of most of the international jurists such as L.F.L Oppenheim, however, depicts a distorted...

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