Articles
Live-in Rights Under Scrutiny: Examining Privacy Concerns In Uttarakhand UCC
Love finds its own path, and in India, the path of live-in relationships has been gaining traction from over a decade now. While traditionally marriage has been the societal norm, growing urbanization, changing perspectives, and landmark court cases are paving the way for alternative forms of cohabitation. Though not statutory recognized, yet live-in relationships are witnessing a...
Reinitiating Arbitration Proceedings And Section 21 Of The Arbitration Act
Consider this: A Court hearing a petition under Section34 of the Arbitration and Conciliation Act, 1996 (“the Arbitration Act”) sets aside an arbitral award, not on merits, but solely on the ground that the sole arbitrator was unilaterally appointed by one party thereby being contrary to law. The erring party who unilaterally appointed the sole arbitrator has two options. It can...
Navigating Builder-Buyer Disputes in India: Insights into Forum Choices and Relative Restrictions
In India, the real estate sector is the most powerful economic foundation and second-highest employment generator, after the agriculture sector. It comprises of four sub-sectors - housing, retail, hospitality, and commercial. The India residential real estate market size is estimated at USD 227.26 billion in 2024, and is expected to reach USD 687.27 billion by 2029, growing at a CAGR...
Age Of Consent And Anticipatory Bail Under The POCSO Act
Cases under the Protection of Children from Sexual Offenses Act (POCSO), 2012 are classic examples of a girl using as a weapon the very law that was made to protect her. The consenting age mentioned under the Act is 18 yrs. Prior to the legislation of POCSO, the consenting age was 16 years. However, the Convention on the Child Rights raised this age to 18 years. This article...
Limitation Period To Apply For Probate Of Will: A Comprehensive Analysis
In India, the succession of immovable properties belonging to a deceased individual is carried out through either testamentary succession or non-testamentary succession in the event of the person dies intestate. Testamentary succession is through testament or will; and non-testamentary succession is governed by the provisions of the applicable personal laws.Term “will” as defined...
A Critical View Of The Provisions On Live-In Relationship In The Uttarakhand UCC Bill
On February 6th, the Uttarakhand government tabled the 'Uniform Civil Code Uttarakhand 2024 Bill' (draft UCC Bill) in the state legislative assembly. Among many provisions which have caught the eye of the public, one striking portion is the Part III of the draft UCC Bill, regulating the 'Live-in Relationship'. Till now, live-in relationship was not explicitly regulated by any law in...
Commercial Entities & The Definition Of A Consumer
The market forces have changed from a seller market i.e., the earlier approach of “Caveat Emptor” which means Let the buyer beware, to a consumer market i.e., “Caveat Venditor” which implies “Let the seller beware.” A consumer is said to be a KING in the free market economy. Customers are the end users of a product or service. Any person who buys a product or service and...
Pari Delicto - Restitution's Nemesis?
In the jurisprudence of contract law, various doctrines have established precedents which have helped the law to evolve with the efflux of time through robust judicial interpretation. One such intriguing doctrine is the doctrine of pari delicto, flowing from the latin expression meaning in equal fault. It closely bonds itself with another doctrine of ex turpi causa, which holds that...
Quandary Of Dissenting Financial Creditors Having Security Interest: Perhaps Supreme Court's Larger Bench To Guide Dissenting Financial Creditors
The recent judgment by a Two-Judge Bench of the Supreme Court, delivered by Justice Sanjeev Khanna and Justice S.V.N. Bhatti on January 3, 2024 in DBS Bank Limited Singapore v. Ruchi Soya Industries Limited and Another[i] (hereinafter “DBS Bank Judgment”), has stirred considerable legal interest by taking a divergent view from the earlier India Resurgence ARC Private Limited v....
Work Still In Progress: Delayed Implementation Of Women's Reproductive Rights
In the unfolding of recent events, Delhi has illuminated a spark regarding the administrative delays in women's reproductive rights. Mr. V.K Saxena, Lieutenant Governor of Delhi, after a delay of 2 years, approved the Medical Termination (Amendment) of the Pregnancy Act, 2021. Expressing his discontent, he blamed the Aam Aadmi Party Government for the unfortunate delay in implementing...
Community Service Sentencing And Its Significance In The Indian Criminal Justice System
Over the years, Indian lawmakers and legal authorities recognized the need for alternative forms of punishment that focus on rehabilitation and community involvement. Amendments and changes in criminal laws have provided a legal basis for incorporating community service. The recent adoption of community service sentencing as a form of punishment in the Bharatiya Nyaya Sanhita has...
Buried Treasure Or Burden? Unmasking Crown Debt In India's IBC Framework
Crown debt are defined as the debts owed to the State or the king; debts which a prerogative entitles the Crown to claim priority for before all other creditors[1]. This would mean precedence of government debts such as income tax, excise, customs, and GST over debts owed to secured or unsecured creditors and financial institutions such as Banks and NBFC's during debt...