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Lawyersclubindia Articles


Amendment of law-Legal position of applicable law

  Anupam Lahiri   31 October 2015 at 10:56

In the continuation of a suit or legal proceedings, if the legal provision gets amended, the hotly debated issue remains as to which is the applicable law in respect of the proceedings.Recently, Hon�ble High Court at Calcutta in Smt Ashita Pras ..


Posted in Civil Law  2 comments |   994 Views


Arbitrability of a dispute explained

  Anupam Lahiri   29 October 2015 at 17:49

Arbitrability of a dispute is a concept which encompasses a lot of matters. Because arbitration is a process of adjudication of a dispute by means of privately constituted tribunal instead of civil courts, the eligibility of such a dispute to be arbi ..


Posted in Civil Law |   1126 Views


Writ Petition challenging Constitutional Validity of legislation- some points

  Anupam Lahiri   29 October 2015 at 17:49

In the constitutional setup, the High Court as well as the Supreme Court of India is the guardian of the Constitution. These two courts have the power to scrutinize the vires of any legislation. This judicial scrutiny of legislation done by way of Wr ..


Posted in Constitutional Law  15 comments |   9631 Views


Legality of restrictive clause in Share Purchase Agreement

  Anupam Lahiri   28 October 2015 at 11:59

Today is the day of joint ventures and corporate marriages. Different corporate bodies enter into agreement to form a special purpose vehicle for undertaking different projects. In such situation, one of the basic requirements is a Shareholding Agree ..


Posted in Corporate Law  2 comments |   1164 Views


Desiderata of an arbitration agreement

  Anupam Lahiri   28 October 2015 at 11:59

Arbitration agreement is the starting point of initiating any arbitration. It is an agreement to submit to arbitration a present or a future dispute. In one case of UK Jurisdiction from the Technology and Construction Court (TCC) in the name of Turvi ..


Posted in Civil Law |   944 Views


Sec 9 of Citizenship Act, 1955 - Analysis of Case Law

  Anupam Lahiri   27 October 2015 at 11:56

Section 9 of the Citizenship Act, 1955 makes provision for termination of citizenship. The Section reads as follows:�9. Termination of Citizenship- (1) Any citizen of India who by naturalization, registration or otherwise voluntarily acquires, ..


Posted in Civil Law  4 comments |   4664 Views


Interpretation of Jurisdiction Exclusion Clause

  Anupam Lahiri   27 October 2015 at 11:55

Section 9 of the Civil Procedure Code, 1908 prescribes that civil courts shall have jurisdiction to try all suits of a civil nature excepting the suits of which their cognizance is barred either expressly or impliedly. In many statutes one section is ..


Posted in Civil Law |   3562 Views


Introduction of goods and ST in 2016 - A myth or reality?

  K.S.NAVEEN KUMAR   27 October 2015 at 11:55

Media reports and press statements by Government Officials seem to suggest that the Union Government is keen to introduce Goo ..


Posted in Taxation |   1019 Views


NJAC controversy- The solution

  Member (Account Deleted)   26 October 2015 at 11:06

On the cardinal principle that no individual or a group should have absolute discretion or power in public administration, Appointment of Highest judiciary i.e. Supreme court specially, is critical process in governance and we ought to have people of ..


Posted in Constitutional Law  2 comments |   1118 Views


Suggestions for improvement and transparency in the Collegium System

  P V Namjoshi   26 October 2015 at 11:06

Few suggestions for improvement and transparency in the Collegium System (Colsy).The letter may kindly be laid before the Hon'ble the Chief Justice of India for suitable orders. Introduction � It is not correct to say that advocates working ..


Posted in Others  8 comments |   890 Views