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Unveiling the Shadows : Exploring Marital Rape in India
Introduction Marital rape is a sexual crime that occurs in a marriage or in a domestic relationship. In Marital rape, sexual intercourse is done without the consent of one party, and spouse is victimized for this only. Marital rape, violates the right to dignity and bodily integrity, because here one party is not able to … Continue reading Unveiling the Shadows : Exploring Marital Rape in India
Read more »Analysing the Demonetization Judgment by Supreme Court of India
Introduction On 2nd January, 2023 the hon’ble Supreme Court of India gave its landmark judgment on the validation of the demonetization which took place in the year 2016, by the NDA government. The matter was heard on the basis of the group of petitions filed, as against the impugned decision of the government[i]. The Supreme … Continue reading Analysing the Demonetization Judgment by Supreme Court of India
Read more »Vicarious Liability under Current Legal Regime of Negotiable Instruments Act: An Analysis of Evolving Judicial Precedents
Introduction Section 138 of the Negotiable Instruments Act of 1881 (“NI Act”) makes it a crime to dishonour a cheque. The purpose of the provision, according to the Hon’ble Supreme Court, is to promote the efficacy of banking operations and to ensure credibility in conducting business via cheques. Because companies conduct a large number of … Continue reading Vicarious Liability under Current Legal Regime of Negotiable Instruments Act: An Analysis of Evolving Judicial Precedents
Read more »Abandonment of Contract, How is it different from Breach of Contract?
Contract, as according to Section 2(h) of the Indian Contract Act, 1872 is any agreement that can be enforced in the court of law. An Agreement as under section 2(e) of the act means any promise(s) made by one party for a standard consideration. When such promise or consideration is not fulfilled, the contract is … Continue reading Abandonment of Contract, How is it different from Breach of Contract?
Read more »Precautions To Be Taken While Canceling Power of Attorney (POA) : A Supreme Court Judgment Of 2022
In the Supreme Court of India a recent judgment Power of Attorney for a property on Amar Nath v. Gian Chand and Anr., dated 28-01-2022, of Civil Appeal No. 5797 of 2009, the Division Bench of K.M. Joseph and Pamidighantam Sri Narasimha, JJ., held that mere writing the word “canceled” or “drawing a line” would … Continue reading Precautions To Be Taken While Canceling Power of Attorney (POA) : A Supreme Court Judgment Of 2022
Read more »TATA Consultancy Services Limitedv.Vishal Ghisulal Jain, Resolution Professional, SkWheels Private Limited
(Supreme Court of India) Civil Appeal No 3045 of 2020 The appeal stemmed from a ruling given on June 24, 2020 by the National Company Law Appellate Tribunal (“NCLAT”). The NCLAT affirmed an interim order issued by the National Company Law Tribunal (“NCLT” or “Adjudicating Authority”) on December 18, 2019, preventing the appellant from terminating … Continue reading TATA Consultancy Services Limitedv.Vishal Ghisulal Jain, Resolution Professional, SkWheels Private Limited
Read more »Supreme Court Recalls Suo Moto Extension of Limitation
With the outbreak of the pandemic, the Supreme Court took Suo Moto Cognizance of the situation prevalent during that time, owing to the difficulties of the litigants to file the petitions applications/suits/appeals or all other proceedings within the period of limitation. Such period of limitation has been prescribed under the Law of Limitation and directed … Continue reading Supreme Court Recalls Suo Moto Extension of Limitation
Read more »Key Judicial Elucidations: Amazon v. Future Retail Limited & Ors.
The Hon’ble Supreme Court of India settled the question of enforceability of a foreign arbitral award in Amazon.com NV Investment Holdings LLC v. Future Retail Limited and Ors. The Apex Court held that an award delivered by an emergency arbitrator under the rules of a foreign seated arbitration is an Order under Section 17(1) of … Continue reading Key Judicial Elucidations: Amazon v. Future Retail Limited & Ors.
Read more »The Suo Moto Cognizance of the Supreme Court Pertaining to Limitation Comes to an End
The Supreme Court of India, on 8th March 2021, lifted the limitation date for filing cases levied due to the coronavirus and national lockdown. Due to a novel Coronavirus, the Supreme Court of India took Suo Moto cognizance of the condition faced by litigants who could not physically come to the courts to file their … Continue reading The Suo Moto Cognizance of the Supreme Court Pertaining to Limitation Comes to an End
Read more »Dishonour of Blank Cheque Attracts Presumption under S/139 of Negotiable Instruments Act, 1881
This appeal was filed by the Appellant against the judgment dated 09.11.2017 of the Madras High court where the High Court has reversed the order of acquittal passed by the judicial magistrate, Tirupur court. The brief fact of the case is that the Appellant in the above case issued a blank signed cheque bearing no. … Continue reading Dishonour of Blank Cheque Attracts Presumption under S/139 of Negotiable Instruments Act, 1881
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