Articles
Hindu Marriage Act: Jurisdiction, Domicile And Validity
There have been cases in the present and the past where women have been facing serious troubles mainly in Northern India after getting married to Non-Resident Indians (NRI). The groom would either dump the bride here in India after marriage or take her along for other reasons. The issue becomes all the more prominent when a dispute arises and no one knows which jurisdiction to approach...
Amendments To Chartered Accountants Act, 1949 – Hits And Misses
On 30.03.2022, the Lok Sabha passed the Chartered Accountants, the Cost and Works Accountants and the Company Secretaries (Amendment) Bill, 2022, which seeks to amend the Chartered Accountants Act, 1949, Cost and Works Accountants Act, 1959 and the Company Secretaries Act, 1980. As observed by the Standing Committee on Finance, in their 45th Report, factors including large pendency...
Prof.Gupteswar Was Called Torteswar
It is rare for a teacher to be named after the subject he taught. Yet Professor Gupteswar used to be fondly addressed as Torteswar, indicating his authority on the Law of Torts taught in first year of law school. Gupteswar, who was formerly a professor of Andhra University, Principal of Pendekanti Law College, and a scholar of law, breathed his last fourteen days before...
Judge-Wise Statistics Of Reportable Judgments Of Supreme Court In March 2022
In March 2022, the Supreme Court delivered 69 Reportable Judgments. Interestingly, in this month, the Supreme Court also reported 2 Judgments, where a split verdict was delivered by the Bench, requiring the matter to be referred to the Chief Justice to be placed before an appropriate bench. One split verdict was delivered by a Bench comprising of Justice Indira Banerjee and...
Right To Life vis-Ã -vis Right To Smoke And Die
Smoker's interest in self-determination stands at odds with state's obligation to protect the life of each individual and provide them a healthy life. Two important questions are raised: first; do we have right to smoke as integral part of right to life and second; to what extent states are under obligation to protect the life of each individual and ensure them a healthy life and also...
Russian Suspension At The Human Rights Council: Band-Aid On A Bullet Wound?
In witness to the killing of civilians in Bucha (Ukraine), the UN General Assembly on Thursday suspended the membership of the Russian Federation from the Human Rights Council (HRC). This resolution stemmed from a proposal moved by the US calling for the resumption of the emergency special session on Ukraine. Passed by a two-thirds majority of those present & voting, 24 states...
Two Parallel Criminal Proceedings From Same Set Of Facts?
It is trite law that the same set of facts may lead to simultaneous civil and criminal proceedings[1]. However, another question to determine is if the same set of facts may lead to two parallel criminal proceedings? We attempt to unravel this peculiar question through this article as Sections 435 and 436 of the Companies Act, 2013 empowers the Special Court to try offences under the Act...
The Online War Between Ukraine And Russia
Cyber weapons are a low cost but an effective tool for modern day operations. Since the growth of information and communication technologies in the late 1990s-early 2000s, they have been used in several situations. In 2007, Russia used low tech cyber weapons against Estonia for wanting to shift a soldier memorial outskirts of Estonia Since 2014 when Russia annexed Crimea, there...
The Extent Of The Power Of A Magistrate To Grant Bail In A Non-Bailable Offence Triable By A Court Of Session/ Special Court
C O N T E N T S I N N E R T I T L E S Page No: The prefatory facts 1 What is a "non-bailable offence" ? 3 "Non-bailable offence" does not mean that bail cannot be granted at all. 4 Even an SHO can grant bail...
Application Of Section 14 Of Limitation Act In Income Tax Proceedings
Most rights are subject to limitations that are necessary and reasonable in a democratic society for the realization of certain common goods such as social justice, public order and effective government or for the protection of the rights of others. The limitation is either engrained in the statute itself or in case no limitation is prescribed, resort can be had to the Law of...
Government Contracts, Arbitration And Clause Barring Grant Of Interest
Recent decision of Supreme Court in the case of Union of India vs Manraj Enterprises[1] rendered by Division Bench has held impliedly that the previous decision of co-ordinate Bench in Union of India vs Pradeep Vinod Constructions[2] is not a good law for not considering the three Judge Bench decision in Union of India vs Bright Power Projects (India) (P) Ltd[3] and also for being...