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Custody Of Children In India

Introduction Both parents enjoy legal custody of their child in India. This means that the mother has the right to raise and care for the kid, as well as visitation rights. The father has equal rights to raise and care for his children, but he does not have visitation rights. The courts do not make custody decisions based on ..

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Legal Analysis On ‘Code Of Criminal Procedure 1973

CRIMINAL LAW & ESSENTIAL ELEMENTS Criminal Law is a branch of law that defines criminal offenses, regulates the apprehension, pertains to charging for offenses, and initiates trial for offenses by granting penalties to convicted offenders. It ensures the administration of justice and deters crimes in society to ensure the..

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Vysakh K.G. Vs. Union Of India & Anr. And Other Connected Cases

The Kerala High Court said on Thursday that in the absence of legislation, the court may have to recognize the right and order the removal of such online content on a case-by-case basis. The court stated that only the law is competent to specify grounds for asserting a right to be forgotten and carve out limitations to such claims. p style="text-align: justi..

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Virginia Shylu v Union of India

   According to the Kerala High Court, an open court justice system and a claim for the protection of personal information based on the right to privacy cannot coexist. In the lack of a statute established in this respect by the Parliament, the court ruled that the Open Court justice system is an essential comp..

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Metaverse And Its Legal Regulation Over Domestic And International Domains

METAVERSE: NAVIGATION IN THE VIRTUAL WORLD An immersive 3D technology inclusive of technological advancements construing to augmented reality, virtual reality is opined as “Metaverse.” Modern technology behaves as an instructional delivery system that can be utilized as a tool to enhance the functioning of the ent..

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Assam Tables Bill To Decriminalize Labour Law

To improve "ease of doing business," the Assam government on Tuesday introduced 10 pieces of legislation to change the labour law that pertains to employees in the private sector. The incarceration penalty has been eliminated from all of the proposals, but the fine has increased significantly. h2 style="text-a..

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Maiden Pharma Cough Syrup Row

It was brought up once more in Gambia that Maiden Pharmaceuticals' cough syrups may have contributed to the deaths of 70 children there. Parliamentary committee suggestion  According to the BBC, a parliamentary committee in the Gambia has suggested that "an Indian cough syr..

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Microsoft's Acquisition Of COD

Microsoft has been charged with a second complaint after one from the Federation Trade Corporation of the United States regarding its $69 billion acquisition of Activision, the company behind Call of Duty. Countries that filed a suit  Ten video game players from California, New Mexi..

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Arbitral Tribunals Exercising Power U/S 17 Not Strictly Bound By CPC: Calcutta High Court

The arbitral tribunals are not strictly constrained by the CPC's technicalities when exercising their authority under Section 17 of the A&C Act, according to the Calcutta High Court. The Court ruled that while the fundamental CPC principles must serve as a guide for the tribunals while granting interim relief, strict technicalities cannot preclude the tribun..

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UP Expressways Industrial Development Authority versus M/s. Sahakar Global Ltd. Dated 2nd December 2022: Allahabad High Court, Lucknow

According to the Allahabad High Court, the Court is only required to take into account the terms of the Bank Guarantee Agreement and not the provisions in the main Contract between the parties, in terms of which the guarantee was provided, when dealing with an application under Section 9 of the Arbitration and Conciliation Act, 1996 (A&C Act), seeking to prevent..

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The Efficacy Of Alternative Dispute Resolution Mechanism

Introduction In the world, the entire legal system works on the basis of two methods that aim to dispense justice and provide effective dispute-resolution mechanisms to each and every individual in society. These two systems of dispute resolution mechanisms can be claimed as ‘Adversarial’ and ‘Inquisitorial&..

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Arbitration Clause Is Limited To Quantum Of Damages, Termination Of Proceedings Is Valid: Delhi High Court

The High Court of Delhi has ruled that there can be no arbitration when the arbitration clause's scope is restricted to the number of damages solely if the insurance company's duty to pay is acknowledged. The Justice V. Kameshwar Rao bench ruled that the insurance company is not bound by the Surveyor's recommendatio..

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Court Empowered To Grant Money Claim Under Section 9 Of A&C Act On Basis Of Admitted Claim: Bombay High Court

The Bombay High Court has stated once more that the rules of the Code of Civil Procedure, 1908 do not have the same scope of authority as Section 9 of the Arbitration and Conciliation Act, 1996 (A&C Act), which gives courts the authority to award temporary protective orders (CPC). It decided that in deciding an application under Section 9 of the A&C Act, pro..

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The Subjectivity Of Section 304 IPC: Culpable Homicide

Introduction Section 304 IPC lays down Punishment for culpable homicide, not amounting to Murder. The offence of Culpable Homicide can be conducted either by knowledge, intention, or both to cause the death of another person. It elucidates that “Whoever intends to cause the death o..

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AO Can't Pass Rectification Order to Disallow Set-off Of Loss By Invoking Section 79 of Income Tax Act, On Change In Assessee's Shareholding: ITAT

FACTS The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has concluded that Section 154 of the Income Tax Act, 1961 can only be used by the Assessing Officer to correct inaccuracies that are obvious on the face of the record. The bench consisting of Judge Aby T. Varkey and Vice..

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