Meaning of Independent Corporate Existence of a Company
Once a Company is incorporated under the Law, it is said to have an independent Corporate Existence. What is the meaning of this phrase Independent Corporate Existence of a Company.
Why Ninth Schedule of Constitution gets immunity from judicial review?
The Ninth Schedule to the Constitution of India (i.e., the laws placed in this Schedule) gets its immunity due to the provisions of Article 31-B of the Constitution, which is as under:
What exactly is Kesavananda Bharti case decided by Supreme Court of India?
The case of Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461 : (1973) 4 SCC 225, is a case decided by a bench of 13 judges of the Supreme Court of India in the year 1973. At that time, this was the full strength of the Supreme Court. This is largest strength of a bench of the Supreme Court which has finally decided any case so far. The main issue in this case was the nature and scope of amending power of the Constitution, i.e., mainly Article 368 of the Constitution which provided for amendment of the Constitution.
Revenge porn, Doxxing and Downstream Distribution: Need for Comprehensive Legislation in India
Preface:
“Revenge porn” is non-consensual dissemination of private sexual images. Generally, the crime of “revenge porn” involves images originally obtained without consent, such as by use of hidden cameras or victim coercion, and images originally obtained with consent, usually within the context of a private or confidential relationship. Once obtained, these images are subsequently distributed without consent.[1]
Central Government Health Scheme (CGHS) and the Tax Benefit
A little known/ little used fact about section 80D of the IT Act is that it entitles the CGHS beneficiaries (Serving as well as Retired) to avail tax deduction. It applies to other similar recognised schemes also like ECHS.
Why Supreme Court Order On Extension Of Limitation Should Not Apply To Default Bail u/S 167(2) Cr.P.C.
The COVID-19 pandemic has brought with itself unprecedented challenges for the judiciary. This has made the task of striking a balance between upholding the rule of law and preserving basic human rights, tougher than ever before.
Distribution of Natural Resources – “Auction” Over “Private Negotiation”
Preface:
Unlike a private individual, the State cannot act as it pleases in the matter of giving largesse and it cannot choose to deal with any person it pleases in its absolute and unfettered discretion. In the matter of: Kasturilal V/s State of J&K, AIR 1980 SC 1992, it was observed that:
Coordinate Benches of Madras High Court at Loggerheads- Covid-19 Default Bail Controversy Continues
Preface:
Recently, G. Jayachandran, J. (High Court of Madras) in the matter of: S. Kasi V/s State, Crl. OP (MD) No. 5296/ 2020, was pleased to disagree with the view taken by G.R. Swaminathan, J. (High Court of Madras) in the matter of: Settu V/s State, Crl. O.P. (MD) No. 5291/ 2020. That the source of friction is the interpretation of the orders of the Hon’ble Supreme Court of India, dated: 23.03.2020 and 06.05.2020.
Estate or Succession Planning – why necessary and conditions for a valid will
They say you have only two options: Either give it or leave it. There is no third option to take it along. This is the hard and inevitable truth of life: you can’t carry anything to the other world.
Can a High Court exercise extra territorial jurisdiction in granting Anticipatory bail?
The expression, anticipatory bail is truly speaking a misnomer and the section contemplates not anticipatory bail but merely an order releasing an accused on bail in the event of his arrest. Anticipatory bail is provided under section 438[1] of the Criminal Procedure Code, 1973- “Where any person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest he shall be released on bail…..”. It is clear from the word ‘anticipatory’ that the bail application could be moved in case a person anticipates his arrest in near future. The Applicant/Petitioner should have some tangible reason to believe such arrest.
Hindu Succession Act – Determinative Criteria is – Date of Opening of Succession
In the matter of: Arshnoor Singh V/s Harpal Kaur & Ors, Civil Appeal No. 5124/ 2019, Supreme Court of India, Date of Decision: 01.07.2019:
A Home Buyer is a financial creditor under the Insolvency and Bankruptcy Code
The Supreme Court in Pioneer Urban Land and Infrastructure Limited vs. Union of India (Pioneer Judgment)[1], has upheld the constitutionality of the Insolvency and Bankruptcy Code (Second Amendment) Act, 2018[2]. Via the Amendment Act, the ‘real estate allottees’ (home buyers), as defined under Section 2(d) of the Real Estate (Regulation and Development) Act, 2016 (RERA), were brought within the ambit of ‘financial creditor’ under the Insolvency and Bankruptcy Code, 2016 (IBC).
Liability of Guarantor in a Cheque Bounce 138 NI Act case
An offence under Section 138 of the Negotiable Instruments Act, 1881 is made out against a person when such person issues a cheque to pay an amount to another person in respect of some debt or liability and fails to honor that cheque. A case of cheque bouncing can only be made out in cases where there is a legally enforceable debt meaning thereby that a Cheque Bouncing case can only be instituted for a cheque that was issued for some debt / liability that can be legally enforced. In all those cases where a cheque bounces, but the cheque is not issued for some lawful debt or lawful purpose, a case under Section 138 NI Act cannot be made out.
Is Court justified to ask woman to donate 5 Quran books to Muslim bodies, to get bail for offensive social media post?
Question: Is Court justified to ask woman to donate 5 Quran books to Muslim bodies, to get bail for offensive social media post?
What is your view on PIL in SC for full rights to women to have abortion and whether or not to continue with pregnancy?
Question: What is your view on PIL in SC for full rights to women to have abortion and whether or not to continue with pregnancy?
Can events happening after filing of civil suit be considered by court for giving relief?
Ordinarily, the rights and liabilities of the parties in a suit should be determined on the basis of facts existing on the date of institution of the suit. However, it has been held that in appropriate cases, changes circumstances in the form of events happening after filing of the suit can be considered (though with caution) by the court for deciding the suit. It has been held that the court may sometimes have the duty to consider the changed circumstances to do justice in the matter.
Is an unregistered family settlement of property admissible in evidence?
Under Section 17 of the Registration Act, the documents which create, declare, assign, limit or extinguish any right, title or interest of the value of Rs. 100 and upwards, are to be registered. Under Section 49 of the Registration Act no document required by Section 17 or by any provision of the Transfer of Property Act to be registered, shall be received as evidence of any transaction affecting an immovable property.
Dishonour of cheque issued as per agreement to sell may also amount to offence under Section 138 N.I. Act
As per Section 138 of the Negotiable Instruments Act, one of the essential conditions to make out an offence under that section is that the dishonoured cheque must have been issued “for the discharge, in whole or in part, of any debt or other liability”.
Can director of a company be prosecuted for cheque bounce case without prosecuting the company itself?
Section 141 of the Negotiable Instruments Act lays down that where the person committing an offence under section 138 (i.e., the offence of cheque dishonour) is a company, the company shall be prosecuted along with every person who was in charge of and responsible to the company for the conduct of the business of the company. This section is reproduced below:
Supreme Court order in case of Meme of Mamata Banerjee suffers from legal infirmities from various angles
Recent order (May 14, 2019) of the Supreme Court in the case of Priyanka Sharma who had shared a meme of West Bengal Chief Minister Mamata Banerjee (a photoshopped picture of Mamata Banerjee), on her Facebook account, is incorrect from various angles.
