The Central Government administers the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) which allows banks and financial institutions to recover their dues exceeding one lakh rupees by proceeding against secured assets of the borrower/guarantor without the intervention of the court/tribunals. The Gov..
The Supreme Court has asked the Amicus Curiae to collect data relating to child rape cases from various States and place it before the Court. Amicus Curiae V Giri has been directed to obtain data from various High Courts. This includes data on the number of courts designated as Special Cou..
In the context of armed conflicts, the Supreme Court has defined cowardice on the part of a soldier, if he turns his back to challenge thrown at him by the enemy. In the judgment of the case – Dalbir Singh v. Union of India & Others, delivered on July 2, 2019 Justice M.R.Shah and Justice A.S. Bopanna have pointed out ..
In a latest and significant development, the Supreme Court Bench comprising of Justice Ajay Rastogi and Justice AM Khanwilkar in a latest judgment titled Asim Shariff Vs National Investigation Agency in Criminal Appeal No(s). 949 of 2019 (Arising out of SLP (Cri.) No(s). 1253 of 2019) delivered on July 1, 2019 has dismissed an appeal filed by a Popular Front of India..
The Negotiable Instruments Act, 1881 came into being as an Act to define and amend the law relating to promissory notes, bill of exchange and cheques. The main object behind Negotiable Instruments Act, 1881 was to legalise the system under which Negotiable Instruments pass from one hand to other in negotiations like ordinary goods. Mostly the English law is followed i..
Introduction The Industrial Disputes Act, 1947 contains provisions for investigation and settlement of industrial disputes. There are special authorities constituted with a view to resolve the disputes, starting from conciliation officers, work committees, court of inquiry, Labour courts, Industrial Tribunals..
For the benefit of lawyers, especially young aspirants, the following points/tips are dealt with. The Reader is expected to take it in right spirit with a pragmatic approach. ins class="adsbygoogle" style="display:inline-block;width:300px;height:250px" data-ad-client="ca-pub-..
In today's article we shall be discussing per incuriam cases in the tax domain. "Per incuriam" literally means "through lack of care". A per incuriam case is one which has ignored established judicial precedents, or statutory law and has hence laid down incorrect law. Ajudicial pronouncement is not a binding precedent i..
The Central Bureau of Investigation (CBI) conducted raids on Senior Advocates Anand Grover and Indira Jaising , in connection with the FIR filed against Lawyers Collective for alleged violation of the Foreign Contribution (Regulation) Act. .The raids follow the registration of a case by the CBI against the NGO, Lawyers Co..
The #MeToo movement and its growing momentum has raised eyebrows across India and the world. Each new exposé leaves a jolted onlooker asking the same question - whether India's legal framework falls short of providing adequate protection to a victim of s*xual harassment and creating a safe work environment. However, the central issue remains, m..
The Supreme Court has refused to entertain the petition filed by the Brahman Samaj of India seeking directions to change the title of the film “Article 15”. The Bench asked the petitioner to approach the “appropriate authority under the Act”. The main contention of the petition was that the title o..
Union Minister of Science and Technology, Dr. Harsh Vardhan introduced “The DNA Technology (Use and Application) Regulation Bill, 2019” today in the Lok Sabha. While introducing, the Union Minister said that this Bill is for the regulation of use and application of DNA technology for the purpose of establishing identity of missing persons, victims, offende..
As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (in short Forest Rights Act, 2006) and rules thereunder, responsibility for implementation of the Act lies with the States/UTs. As per the information available with Ministry, received from State Governments, till 31.03.2019, a total of 19,64,048 titles (indivi..
To start with, a woman advocate named Ms Indu Kaul who is a regularly practising lady advocate duly entered on the roll of bar Council of Delhi under Advocates Act, 1961 has approached the Supreme Court by filing a Public Interest Litigation (PIL) seeking CBI enquiry in the murder case of Ms Darvesh Yadav who was the newly elected President of UP Bar Council and who w..
Institution or filing of civil case commences with the presentation of plaint into civil court having jurisdiction to try the suit. Filing suit does not mean merely submitting a petition called plaint, it should be accompanied by other documents required under the Code of Civil Procedure, 1908 (CPC). Have a look at the provision, procedure and papers to be filed alon..
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