Facts of The Case It was an application under section 11(6) of the Arbitration and Conciliation Act 1996 (hereinafter referred to as “Act”). A single-party tender was floated by the Ministry of Home Affairs on 02.02.2011 for the supply of Glock Pistols. Bid was finalized in favor of the applicant. The tender required the Applicant to submit a performance bond of 10% of t..
INTRODUCTION India's remarkable economic growth and global recognition are a result of the government's reform efforts in the realm of good governance. The principles of effective, efficient, easy, empower, and equity form the foundation of contemporary good governance, aiming for a transparent and accountable welfare state. India's collaborative approach addresses chall..
Key Takeaways The severability principle protects against the total voiding of a contract or law due to the unconstitutionality of a specific provision. Arbitration is treated as a separate agreement that is enforceable and performable without reference to the main contract. The arbitrator's role in the theory of severability is to determine if a void o..
Key Takeaways Patents give inventors the sole right to use, produce, and sell their ideas; they also provide trademark protection and promote innovation across a range of industries. The Patents Act of 1970 is the primary piece of legislation in India that governs patents. A patent may be revoked if it was submitted by an ineligible applicant, was unlaw..
KEY TAKEAWAYS For a company to be recognised as a legal entity with rights and duties to carry out commercial operations, it must be properly registered under the Companies Act, 2013. Choosing a company name, writing the Memorandum and Articles of Association, selecting directors and shareholders, acquiring the relevant paperwork, and submitting the application to the Regi..
Introduce the 5 Must-Play Video Games for Summer 2023 Overview of "Diablo IV" and its features Overview on other games releasing this summer Wrap up - why these must-play games are worth your time this summer Introduce the 5 Must-Play Video Games for Summer 2023 This summer, there will be many new and exciting game..
It cannot be overemphasized that in a very significant development, we saw how the Bench of Apex Court comprising of Hon'ble Mr Justice MR Shah and Hon'ble Mr Justice Sanjiv Khanna in a remarkable, rational, refreshing and recent judgment titled Kailash Vijayvargiya vs Rajlakshmi Chaudhuri and others in Criminal Appeal No. 1581 of 2021 With Criminal Appeal Nos. 1582 and 1583 of 2021 tha..
While catching the bull by the horns and without mincing any words whatsoever, the Allahabad High Court in a most learned, laudable, landmark, logical and latest judgment titled Shiv Kumar Sharma vs State of UP and Another in Case No. - 42663 of 2022 under Section 482 of the CrPC that was pronounced as recently as on March 29, 2023 while dealing with a matter has observed most unsparingly that ..
While leaving not even a scintilla of doubt to linger in the mind of anyone, the Orissa High Court has in a most learned, laudable, landmark and latest judgment titled Nesar Ahmed Khan vs State of Orissa & Others in WPCRL No. 160 of 2021 and cited in 2023 LiveLaw (Ori) 63 in the matter of an application under Article 226 of the Constitution pronounced recently on April 3, 2023 has clarified..
In a noteworthy development, we see that as recently as on May 12, 2023, the Apex Court in a most learned, laudable, landmark and latest judgment titled Ms Indira Jaising Vs Supreme Court of India through Secretary General in M.A. Nos. 709/2022, 1502/2020; IA Nos.58694/2022, 74393/2020, 75687/2021 In Writ Petition (C) No. 454 of 2015 and cited in 2023 LiveLaw (SC) 425 in the exercise of its civ..
In a very daring, determined and dignified judgment titled Priyanka Naskar & Ors vs The Union of India & Ors. in WPA 21187 of 2022 in the exercise of its Constitutional writ jurisdiction on appellate side that was pronounced as recently as on May 12, 2023, the Calcutta High Court cancelled the appointment of 36,000 "untrained" primary school teachers who were recruited by the ..
Navigating the labyrinth of real estate transactions necessitates the guidance of a proficient real estate attorney to guarantee a seamless, legally compliant process. This discourse delves into some strategic considerations when appointing a real estate attorney, and elucidates their instrumental role during the property acquisition procedure. For those based in Hadera, the competent services ..
While finding that there is no evidence on record that before issuing notification under Section 5 of the Wakf Act, 1954, any procedure or the survey was conducted as contemplated by Section 4 of the 1954 Act, the Supreme Court in a most learned, laudable, landmark and latest judgment titled Salem Muslim Burial Ground Protection Committee vs State of Tamil Nadu And Ors in Civil Appeal Nos. 7467..
KEY TAKEAWAYS Under Islamic law, the voluntary transfer of property from one person to another without payment or any consideration is referred to as Hiba. Hiba is a lawful and accepted method of gifting in Islamic law and can be done either while one is still alive or through a will (Hiba bil Wasaya) to take effect after death. Hiba is subject to ..
Key Takeaways The investigation, trial, and procedure for criminal cases are governed by the Code of Criminal Procedure (CrPC), a procedural law in India. The HCs can quash a First Information Report (FIR) if it determines it is frivolous, mala fide, or without legal basis, with the exception of serious offenses. It is discretionary and is exe..
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