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Application Of Limitation Law In Ibc Cases

KEY TAKEAWAYS A limitation is the end of the legal period during which a party may bring a claim and get compensation, or a restriction on the purported right of the plaintiff to recover in legal action. According to the Limitation Act, of 1963, "period of limitation" refers to the deadline set forth by the Schedule for any application, and "prescribed ..

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Appeal Procedure Under The Companies Act, 2013

KEY TAKEAWAYS A company as defined in the landmark case of Salomon v A Salomon & Co Ltd [(1896) UKHL 1] is a "legal person" or "legal entity" separate from and capable of surviving beyond its members. The Companies Act, 2013 is an Act of Parliament enacted to frame and regulate laws related to companies. It aims at..

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Section 482 Of The Criminal Procedure Code

KEY TAKEAWAYS Section 482 of the Code of Criminal Procedure (CrPC) confers inherent powers upon the High Court to make orders necessary to prevent the abuse of the process of the court or to secure the ends of justice. The High Court can use its inherent authority to halt legal action, annul orders, halt legal action, give instructions, correct mist..

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Bar Council Of India Allows Foreign Law Firms To Work In The Nation - Possible Legal Implications

KEY TAKEAWAYS The All-India Bar Council was proposed to control the legal profession and establish requirements for legal education. The Advocates Act came into effect in 1961, and the Attorney General and Solicitor General of India are ex officio members of the Bar Council of India. International law firms..

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Income Tax Structure Change: The Finance Bill Of 2023

KEY TAKEAWAYS An income tax is a tax that governments impose on people and businesses based on their profits throughout a fiscal year. There are two types of taxes: direct taxes and indirect taxes. Income tax is the amount withheld from any source of income, with some restrictions, such as a month's salary. India's first income tax law was e..

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Principle Of Autrefois Acquit And The Principle Of Autrefois Convict In India: A Critical Analysis And Proposal For Reform

Key takeaways The principle of "autrefois acquit" applies to cases where the accused has been acquitted of the same offence, and prevents the accused from being tried again for the same offence. The principle of "autrefois convict" applies to cases where the accused has been convicted of the same offence, and prevents the accused..

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The Top Missteps to Avoid When Hiring a Workers Compensation Lawyer

Chicago, also renowned as the "Windy City," is the third-largest city in the United States and is located in Illinois. It is home to several significant industries, such as finance, healthcare, transportation, and manufacturing. Additionally, Chicago is known for its rich history, diverse culture, and world-renowned architecture. Chicago, a bustling city in Illinois, has numerous indu..

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Status Of Same Sex Marriage

KEY TAKEAWAYS In India, same-sex marriages are currently not legal. The Indian Supreme Court decriminalised homosexuality under Section 377 of the Indian Penal Code in 2018, however same-sex marriages are still not recognised. Even though the Indian government has not taken any official action to recognise same-sex marriage, activists and NGOs have made some ..

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The Pocso Statute And Consensual Relationships Between Minors

KEY TAKEAWAYS The Ministry of Women and Child Development approved a bill to protect children aged under 18 from sexual assault, harassment, and pornographic offenses and established Special Courts for the trial of such offenses. Indian law deems sincere consent for consensual sex between minors, and social activists believe that most of those charged are young me..

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Patents And Their Importance

KEY TAKEAWAYS Intellectual property rights are those rights granted to persons for their unique and intangible creations of the mind. Patent is a kind of intellectual property right that is granted for a technical invention. Section 2(1)(j) of the Patents Act, “invention” means a new product or process involving an inventive step and capable..

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Candidates Entitled To Notional Security On The Basis Of A Revised Merit List- In The Case Of Sunil And Ors Versus High Court Of Delhi And Ors

WHAT IS THIS CASE ABOUT  The Delhi High Court invited applications for 27 vacant posts of private secretaries. A written examination was conducted, and after the merit list was published, a few candidates applied for a re-evaluation of their answer scripts. A Special Committee was formed to decide upon matters relating to the examination. A total of 13 candidates applied for re..

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The Concept Of Amicus Curae

KEY TAKEAWAYS Amicus curia is a legal system that has spread to systems of common law and international law, with "friends of the court" providing specialized knowledge to the court. Amici curiae are filings that offer courts unique perspectives, study policy issues, and call attention to the consequences of a court's action or inaction. They are use..

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Principles Of Natural Justice

KEY TAKEAWAYS  Essentially, natural justice requires that a person be given a fair and unbiased hearing before a judgment that will hurt them is made.  The three fundamental natural justice standards that must be met in every case are appropriate notice, a fair hearing, and no bias. Hearing both sides (Audi Alteram Partem): Every party has the..

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Stamp Duty On Arbitral Awards

KEY TAKEAWAYS Stamp duty on arbitral awards is a sensitive issue in India, with some states demanding it while others do not. Stamp tax on arbitral awards supporters claim that it is vital to protect government income and prevent stamp duty evasion, while opponents argue that it is an unnecessary extra cost that limits the expansion of arbitration as a form of con..

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Supreme Court Declares The Law Applied By The Kerala State Wakf Board “draconian”- In The Case Of P. V. Nidhish & Ors. Versus Kerala State Wakf Board & Anr

WHAT IS THIS CASE ABOUT The present case is regarding whether section 52A of the Wakf Act, 1995, can be applied retrospectively to possession that has been acquired before the enactment of the act. The Kerala High Court denied the termination of criminal proceedings against the petitioner, even though the tenancy on the waqf land had ended in 2005, and there was a stay on the evicti..

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