Applicability and Interpretation of Section 29A
Case Analysis: Arcelor Mittal India Pvt. Ltd. vs Satish Kumar Gupta Facts A section 7 application filed by State Bank of India and Standard Chartered against Essar Steel India Ltd.(ESIL)…
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SC on Status of Homebuyers under the Waterfall mechanisms
Case Analysis: Pioneer Urban Land and Infrastructure Ltd. vs Union of India Facts Numerous writ petitions have been filed before the SC challenging the constitutionality of the amendment of 2018.…
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Insolvency and Bankruptcy Code to prevail over State Legislations
Case Analysis: Innoventive Industries vs ICICI Bank Facts Appellant is a multi product manufacturing company in diverse sectors. It started going into losses in 2012 and failed to meet with…
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Courts cannot re-modify Laws | Scope limited to Judicial Review only!
Case Analysis: Saregama India Limited v. Next Radio Limited & Ors. Keywords: Judicial Review, Constitutionality of Law, Re-modification of Laws, etc. FACTS There were multiple Petitions which were filed at…
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Case analysis: Defending the COVISHIELD Trademark
Background Following the Classic Trinity Test, Serum Institute of India successfully defends the trademark "COVISHIELD" for its own Covid-19 vaccine in a passing-off action brought by a Nanded-based patented firm. …
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Managing Director cannot be made liable for the unaccounted Income of the Company: Income Tax Appellate Tribunal, Mumbai.
In the recent case of ITAT, Mumbai Bench, the tribunal held that the Managing Director is not liable for the undisclosed and unaccounted income of the company. According to the…
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Under Rule 25 of the Central Excise Rules, 2002, the Raw material is not liable to be confiscated: CESTAT, Delhi
In a recent case, the Delhi bench of Customs, Excises and Service Taxes Appellate Tribunal held that the raw material cannot be confiscated under Rule 25 of the Central Excise…
read moreTax Exemption cannot be disallowed under India-Austria Double Taxation Avoidance Agreement only for want of Tax Residency: ITAT Hyderabad.
In the recent case of ITAT, the tribunal held that the exemption cannot be disallowed under India-Austria Double Taxation Avoidance Agreement (DTAA) only for want of Tax residency certificate. According…
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ADM Jabalpur Case Analysis
The author has analyzed the famous case of ADM Jabalpur v. Shivkant Shukla. The whole article is divided into seven headings for the sake of brevity and relevance. Title of…
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A CASE THAT REVOLUTIONARISED PACKAGING OF PRODUCTS
Turns out that the Courts in India work tirelessly to not only secure our rights but also make our daily errands easier and simpler. Assuming that the readers are aware…
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Types of Punishments under the Indian Penal Code, 1860
Types of Punishments under the Indian Penal Code, 1860 written by Garvit Daga student of NALSAR University of Law INTRODUCTION The final stage in the system of criminal jurisprudence is the…
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Attempt: An Incohate crime?
Attempt: An Incohate crime? written by Prapti Kothari student of Institute of Law, Nirma university ASGARALI PRADHANIA V. EMPEROR AIR 1933 CAL 893, 21st JULY 1933 MATERIAL FACTS The complainant…
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Fraud under Indian Contract Act
Fraud under Indian Contract Act written by Garvit Daga student of NALSAR University of Law FRAUD - DEFINITION In simple terms, “Fraud” under section 17 of
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Is a Writ Petition Maintainable in Contracts of Government/State?
Is a Writ Petition Maintainable in Contracts of Government/State? written by Garvit Daga student of NALSAR University of Law INTRODUCTION A writ petition is an order issued by a higher court…
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Does the presumption “Time is not of essence in the Contracts of immovable property” require a re-visit?
Does the presumption "Time is not of essence in the Contracts of immovable property" require a re-visit? written by Garvit Daga student of NALSARUniversity of Law WHAT IS A “TIME…
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The conflict between press rights and government control – an analysis of the contemporary trends in press rights and the need for curtailing media trial
The conflict between press rights and government control - an analysis of the contemporary trends in press rights and the need for curtailing media trial written by Sidharth Sabu student…
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Degree of proof to hold an intermediary liable for default under securities law
Degree of proof to hold an intermediary liable for default under securities law written by Sidharth Sabu student of National University of Advanced Legal Studies. INTRODUCTION The Securities and Exchange…
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A Female partner can get maintenance if marriage is performed as per the social customs
A Female partner can get maintenance if marriage is performed as per the social customs written by Himanshu Garg student of Maharashtra National Law University Aurangabad CHANMUNIYA v. VIRENDRA KUMAR…
read moreMistake under the Indian Contract Act, 1872
Mistake under the Indian Contract Act, 1872 written by Mohammad Shuja Uzair student of NMIMS Kirit P. Mehta School of Law, Mumbai INTRODUCTION Contract law was the first Business law…
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Quasi Contracts under the Indian Contract Act
Quasi Contracts under the Indian Contract Act written by Mohammad Shuja Uzair student of NMIMS Kirit P. Mehta School of Law, Mumbai ABSTRACT Contracts are promises enforceable by law. Whereas,…
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Concept of trademark Bullying in India
Concept of trademark Bullying in India written by Prachi Mehta Student of MKES College of Law Introduction- The word ‘Bullying’ is quite familiar to most of us which mean intimidating…
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Untoward incident and applicability of damages
Untoward incident and applicability of damages written by Diksha Sharma student of Government Law College, Mumbai Sarla & Ors vs Union of India Facts: The death of the deceased eventuated…
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Provisions against Arbitrary Arrests in India
Aditi Singh | Army Institute of Law, Mohali | 1st October 2020 Introduction The International Covenant on Civil and Political Rights (hereinafter referred to as ‘the Covenant’) recognizes the rights against…
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Compensation under Motor Vehicles Act cannot be granted under the head of ‘loss of love and affection’
Isha Sawant | Government Law College | 15th September 2020 New India Assurance Company Limited v. Somwati Facts: Appeals were filed by three insurance companies i.e. New India Assurance Company…
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Decriminalisation of Section 377
Aditi Singh | Army Institute of Law, Mohali | 2nd September 2020 Introduction Gender identity is one of the most fundamental aspects of life which refers to a person’s intrinsic…
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