Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Articles by Anupam Lahiri

avatarView Full Profile

Conflict between the Oppression Petition and Arbitration Clause

  Anupam Lahiri   05 November 2015 at 15:54

In the administration of the corporate affairs, the prevention of oppression and mismanagement is a very important matter. In many petitions relating to Section 397/398 under Companies Act, 1956 the Opposite Party raise the plea of arbitration agreem ..


Posted in Corporate Law |   1099 Views


Proportionality Principle Stressed by Calcutta High Court

  Anupam Lahiri   05 November 2015 at 15:31

In disciplinary proceedings, the complete procedural aspects are dealt in the respective Control and Appeal Rules. The rules prescribed constitute a complete code. The principles of natural justice forms the basic building block of such rules. The Ce ..


Posted in Constitutional Law  1 comments |   975 Views


Objection to the jurisdiction of civil court

  Anupam Lahiri   05 November 2015 at 15:31

Jurisdiction of civil court is a fundamental aspect of the justice delivery system. One civil court is empowered to entertain any suit of a civil nature unless its jurisdiction is either expressly or impliedly barred (Section 9 of the Civil Procedure ..


Posted in Civil Law  3 comments |   7150 Views


Interpretation of Partnership Deed to ascertain the tax liability

  Anupam Lahiri   03 November 2015 at 15:16

The write up is based on an old Supreme Court Case in the name of Commissioner of Income Tax, Patiala Vs RB Jodha Mal Kuthiala AIR 1966 SC 1433. The statute concerned is Income Tax Act, 1922 as amended by Income Tax (Amendment) Act, 1939 (1939 Act).F ..


Posted in Taxation |   1082 Views


Limits of Sec 151 of CPC clarified by the Calcutta High Court

  Anupam Lahiri   31 October 2015 at 10:56

Section 151 of the Civil Procedure Code, 1908 (CPC) preserves the inherent power of civil courts in the matter of a civil suit. Often armed with this power the civil courts issue orders in the aid of justice. In case of conflict with some express pro ..


Posted in Civil Law  2 comments |   2797 Views


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 |   894 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 |   1016 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 |   8899 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 |   1038 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 |   829 Views