External Commercial Borrowings: A Brief Analysis Of The New Framework

As part of development tactics, India has always encouraged all kinds of capital inflow. So, what is ECB? Extra Commercial Borrowings are in simple terms, a type of loan which is generally availed by an Indian entity from a non-resident for commercial purposes. Such loans include but are not limited to, commercial bank loans, bonds & securities, fixed rate bonds, floating rate notes...

Explainer : What Is 'Transit Anticipatory Bail'? When Can 'Transit Bail' Be Granted?

Recently, words like "Transit Bail" "Transit Anticipatory Bail" have caught the nation's attention, in the wake of the 'toolkit' case. The Bombay High Court last week granted 10 days transit anticipatory bail to Shantanu Muluk whose arrest was sought by the Delhi Police in connection with the toolkit case. Following this, a Mumbai based lawyer, Adv. Nikita Jacob was also granted three...

Is It Mandatory To Seek Probate Or Letters Of Administration For Establishing A Right As Executor Or Legatee Under A Will? Supreme Court Explains

The Supreme Court observed that the mandatory requirement to seek probate or letters of administration for establishing a right as executor or legatee under a Will, is applicable only to Wills made by a Hindu, Buddhist, Sikh or Jaina within the local limits of the ordinary original civil jurisdiction of certain High Courts and to Wills made outside those territories, to...

Can Adverse Inference Be Drawn From Silence Of Accused ?

Jurisprudentially, section 313 of the Cr.P.C.[1] envisages rules of natural justice.[2] In this regard, the Apex court has held that section 313 is not merely a notion of audi alteram partem[3] or a statutory right but also a Constitutional right to a fair trial under article 21 of the Constitution.[4] However, practically, this section gains much more significance due to rampant...

Union Budget : Impact Of Finance Bill 2021 On Judicial Precedents

The Union Finance Minister's annual budget speech is the subject matter of great interest and debate for many. However, for professionals like advocates, chartered accountants, etc. the devil lies in the details. True to its nature, the Finance Bill, 2021 contains many such details which have the effect of over ruling several judicial precedents. The present article is an attempt to briefly discuss the same. Judicial Precedents overruled under Direct Taxes Slump Exchange of...

The Distinction Between Section 7 Of The POCSO Act And Section 354 Of IPC

Correctness of the Bombay High Court judgment ( Nagpur Bench) in Satheesh Vs State of Maharashtra in Criminal Appeal 161/ 2020 decided on 19.01.2021 is highly doubted. The court held that touching a child over her clothes will not attract an offence under the POCSO Act. At the same time it held that it attracts an offence under 354 IPC and convicted the accused thereunder for a period of 1 year. The finding of the court on this aspect is as follows : " Evidently, it is not the case of...

Arbitration Court Reckoner : November & December 2020

By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of November & December 2020 under the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the 'Act'). That while as many judgments as possible are sought to be reviewed, owing to the limited column space, some judgments would invariably be...

Are WhatsApp Chats Admissible In Evidence?

The social media is abuzz with the details from alleged Whatsapp chats between Republic TV anchor Arnab Goswami and former BARC CEO Partho Das Gupta. The 500-page long Whatsapp conversations between Goswami and Das Gupta found their way into social media after Mumbai Police annexed it in its supplementary charge filed in the TRP rigging case.In this backdrop, several users raised...

Acceptance Of A Conditional Offer With A Further Condition Does Not Result In A Concluded Contract: Supreme Court

When the acceptor puts in a new condition while accepting the contract already signed by the proposer, the contract is not complete until the proposer accepts that condition, the Supreme Court observed while setting aside a High Court judgment on Tuesday.The bench comprising Justices Navin Sinha and Indira Banerjee observed that the High Court overlooked Section 7 of the Contract Act...

Supreme Court Yearly Digest 2020

Here is a compilation of all the 12 Supreme Court monthly digests of 2020.Supreme Court Monthly Digest : December 2020Supreme Court Monthly Digest : November 2020Supreme Court Monthly Digest : October 2020Supreme Court Monthly Digest : September 2020Supreme Court Monthly Digest: August 2020 Supreme Court Monthly Digest: July 2020 Supreme Court Monthly Digest: June 2020 Supreme Court...

30 Feminist Judgments Of 2020

Orders Defending Women Rights 1. Daughters Have Coparcenary Rights Even If Their Father Was Not Alive When Hindu Succession (Amendment) Act, 2005 Came Into Force: SC The Supreme Court held that a daughter will have a share after Hindu Succession (Amendment) Act, 2005, irrespective of whether her father was alive or not at the time of the amendment. A bench comprising of...

References Answered And Made By Supreme Court In 2020

In the COVID-19 affected 2020, where the Supreme Court was functioning in virtual mode throughout except for the first three months of the year, several substantial points of law were settled by answering long pending references.Also, some new points of public importance were referred to larger bench. Here is a look at some of such important judgments(in no particular order).1. Judicial...