Important Supreme Court Judgments On Insolvency & Bankruptcy Code

Insolvency and Bankruptcy Code was enacted in 2016. Though it received the assent of the President of India in May 2016, it came into force only in November-December 2016. Stated objective of the code is to consolidate and amend the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner for maximization of value...

Know The Law: Can A Non-Lawyer Appear For A Litigant In Courts?

Can a non-lawyer appear on behalf of a litigant in a court of law? Or Can a litigant engage a person who is not a lawyer to represent him/her before a court of law? This piece attempts to answer these queries.Statutory Scheme Section 30 of the Advocates Act gives statutory right to every advocate whose name is entered in the [State roll] the right to practise in all courts including...

Section 50 NDPS Act : Understanding The Jurisprudence Of Compliance

The High Court of Delhi in the case of Sumit Rai @ Subodh Rai v. State have recently reiterated the law laid down by the Apex Court in the case of Arif Khan v. State of Uttaranchal in regard with the section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter NDPS Act). The High Court have held that the presence of the Magistrate or a Gazetted Officer is...

Is A Wife Divorced By Husband On Ground Of Desertion Entitled To Maintenance ? SC Answers [Read Judgment]

"The husband cannot urge that he can divorce his wife on the ground that she has deserted him and then deny maintenance which should otherwise be payable to her on the ground that even after divorce she is not willing to live with him."

What Is Jammu & Kashmir Public Safety Act?

It is reported that National Conference leader and former Jammu and Kashmir Chief Minister Farooq Abdullah has been detained under the Jammu and Kashmir Public Safety Act.This move happened shortly before the Supreme Court was slated to hear the habeas corpus petition filed by MDMK leader Vaiko seeking release of Abdullah. Abdullah was served the notice under the PSA at 1 AM on Monday and...

Explainer : Rights Of A 'Shebait' In Property Dedicated To Deity

Who is a Shebait?A Shebait is one who serves and sustains the deity in the capacity of a manager of the debuttar property ( property vested with the deity).The property of the temple is regarded as vesting with the deity. However, it is in an ideal sense that the dedicated property vests in an idol, and in the nature of things, the possession and management of it must be entrusted to some...

Supreme Court Explains Scope Of 'Certiorari' Jurisdiction [Read Judgment]

"The court may still exercise its discretion and decline jurisdiction unless there is manifest injustice"

The Concept Of 'Continuing Offence' Under Prevention Of Money Laundering Act

The provisions of Prevention of Money laundering act again caught attention when AM Singhavi argued that the act is being retrospectively applied in case of Mr. P. Chidambaram. Dr. Singhavi asserted that Mr. Chidambaram cannot be tried for an offence which was not a 'scheduled offence' under PMLA in 2007. However Solicitor general Tushar Mehta contended that the nature of offence...

Use Of Mobile While Driving An Offence: 2018 Kerala HC Judgment Vs. 2019 Amendment Of MV Act

2019 Amendment of MV Act removed Basis of Kerala HC Judgment that had held that Section 118(e) cannot be invoked to prosecute people who use Mobile while driving.

Explainer : Judicial Custody And Police Custody

"Custody", in ordinary sense, means control or charge over another person. It implies physical detention of a person from movement based on free will. Custody is a direct invasion on the right to personal liberty guaranteed under Article 21 of the Constitution of India. Therefore, an elaborate procedure has been laid down in law to ensure that a person is taken into custody by...

Analyzing Product Liability Under The Consumer Protection Act 2019

The Consumer Protection Act, 2019("2019 Act"), which recently received the Presidential assent on the 9th August 2019 and was published in the Official Gazette for general information,aspires to safeguard the interests of the consumers by introducing provisions which aim at addressing consumer concerns in a timely and effective manner. In the words of Ram Vilas Paswan, Union Minister of...

Cofeposa And Its Peculiarity

The Conservation Of Foreign Exchange And Prevention Of Smuggling Activities Act, 1974 (COFEPOSA), which came into force on December 19, 1974, came at a time when India appeared a heavenly abode for wrongdoers with names like Sukhar Narain Bakhia and Haji Mastan, all based in big cities of the western coast of India, and operating innumerable sorties across the Arabian Sea in their "fleet of...