LAW ON BAIL- PART II: ANTICIPATORY BAIL

A comprehensive analysis of section 438 Cr.P.C., the law of anticipatory bail from Gurubaksh Singh Sibbia to Sushila Aggarwal. By Megha Chaturvedi, Associate H.K. Law Offices A person accused of committing a non-bailable offence and who has reasons to believe that he may be arrested in such crime, can apply to the Court of SessionsContinue reading “LAW ON BAIL- PART II: ANTICIPATORY BAIL”

PIL ON DECRIMINALISING THE ACT OF BEGGING- NOTICE ISSUED BY HON’BLE SUPREME COURT OF INDIA (FILED BY H.K. LAW OFFICES)

The Hon’ble Supreme Court of India issued notice on PIL filed under article 32 of the Constitution of India for decriminalising the act of begging and challenging the constitutional validity of Anti- Begging Acts of various states of India.  A bench of Hon’ble Justices Ashok Bhushan and R Subhash Reddy issued notice to Gujarat, Punjab,Continue reading “PIL ON DECRIMINALISING THE ACT OF BEGGING- NOTICE ISSUED BY HON’BLE SUPREME COURT OF INDIA (FILED BY H.K. LAW OFFICES)”

LAW ON BAIL – PART I : BAIL AS A MATTER OF RIGHT

Reaffirming- ‘Bail is the Rule and Jail is the exception’ By Megha Chaturvedi, Associate H.K. Law Offices WHAT IS BAIL? It is a known fact that no statute including The Code of Criminal Procedure has defined the term Bail yet is has much elaboratively precise meaning.  According to Halsbury’s Laws of England – “the effectContinue reading “LAW ON BAIL – PART I : BAIL AS A MATTER OF RIGHT”

POWER OF INTELLECTUAL PROPERTY IN THE COURSE OF COVID-19 PANDEMIC

ABSTRACT The deadly corona virus is disturbing each & every phase of our daily lives. Apart from the health jeopardy, it has been unsettling our economic and social lifestyle.  Amid this situation, Intellectual Property is that one thing which stays more powerful and it’s essential for us to realize this as it remains the sameContinue reading “POWER OF INTELLECTUAL PROPERTY IN THE COURSE OF COVID-19 PANDEMIC”

IBC (Amendment) Ordinance, 2020

INTRODUCTION The increase in the default threshold from INR 1 lakh to INR 1 crore was one of the first COVID-19 relief measures announced by the Minister of Finance. The Finance Ministry had also indicated that the government is also considering suspending initiating new insolvency applications for a period of 6 months.  The government’s announcementContinue reading “IBC (Amendment) Ordinance, 2020”

ANALYSIS OF THE STATUTE- CITIZENSHIP (AMENDMENT) ACT, 2019

INTRODUCTION Post partition and independence, it became necessary to enact a legislation which governs citizenship laws of a nation. Citizenship not only recognizes the legal identity and provide rights to an individual of a country but also protects their welfare and provides nationality granting protection across the world. Citizens are subjected to better legal status,Continue reading “ANALYSIS OF THE STATUTE- CITIZENSHIP (AMENDMENT) ACT, 2019”

DEVELOPMENT IN INSOLVENCY AND BANKRUPTCY CODE, 2016: FIRST RAMIFICATION POST COVID.

A law is always meant to ease the ongoing activity, in whichever field it applies on. The aim of any legislation brought into the society is to make things easier for  the citizens and related parties. The biggest segment of these affected parties are the large companies, corporations, MNC’s etc. The government always tries toContinue reading “DEVELOPMENT IN INSOLVENCY AND BANKRUPTCY CODE, 2016: FIRST RAMIFICATION POST COVID.”

MANUAL SCAVENGERS: AN EXTENSION OF THE PANDEMIC OF UNTOUCHABILITY

          Our country is widely known for numerous cultures, traditions and believes. It is these values and morals which make us distinct in the whole world and the reason why even the western civilization is looking forward and adopting our traditional culture. This clearly shows the importance and impact of our values and morals onContinue reading “MANUAL SCAVENGERS: AN EXTENSION OF THE PANDEMIC OF UNTOUCHABILITY”

CONSTITUTIONALITY OF NARCO ANALYSIS: DEVELOPMENT & LEGAL APPROACH

Law is a living process, which changes according to the changes in society, science, and ethics and so on. The Legal System should imbibe developments and advances that take place in science as long as they do not violate fundamental legal principles and are for the good of the society. A few democratic countries, IndiaContinue reading “CONSTITUTIONALITY OF NARCO ANALYSIS: DEVELOPMENT & LEGAL APPROACH”

CONSTITUTIONALITY OF DEATH PENALTY VIS-A-VIS REPEAT OFFENDERS UNDER THE NDPS ACT

The constitutionality of death penalty has been challenged on several occasions on the grounds of being violative of right to life which is a basic human right given in numerous International Conventions and guaranteed as fundamental right under article 21[1] of the Constitution of India. But the right to life comes with an exception beingContinue reading “CONSTITUTIONALITY OF DEATH PENALTY VIS-A-VIS REPEAT OFFENDERS UNDER THE NDPS ACT”