Legal Insight | Practical Wisdom
We at H.K. LAW OFFICES, provide insights to landmark judgments, rising legal issues, recent pronouncements, statute analysis, recent developments in law, articles on understanding of various laws and clarifying legal positions.
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ECONOMIC IMPACT OF JUDICIAL DECISIONS
The various judgements delivered by higher courts and quasi-judicial bodies directly or indirectly have far-reaching economic impact on the country. It is because economic impacts are not taken into account while decision making, court do not analyse the economic costs associated with a decision pronounced by it and the situation further worsens when judicial activism Read more
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THE CODE FOR WORKPLACE: SAFETY, HEALTH, AND WORKING CONDITIONS
INTRODUCTION: India is the second-largest country after China in terms of the labour force with a total strength of 501 million workers engaged in agriculture total of 41.19 percent of the workforce, the industry employs 26.18 percent, and the service sector provides 32.33 percent of the total workforce[1]. To handle this huge workforce uniformity was Read more
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Collegium System v. NJAC – Critical Analysis of Judicial Appointment System
“The bedrock of our democracy is the rule of law, and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing.” – Caroline Kennedy. A functioning democratic system requires an independent judiciary. Only an impartial and independent judiciary can serve as a rampart Read more
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PRE PACKAGED INSOLVENCY
Formal insolvency proceedings are cumbersome to carry forward and involve significant direct and indirect costs so a time-efficient approach is introduced to decrease the load of courts and tribunals for which “Pre Package Insolvency proceedings” are an analogy. As the literal meaning suggests, Pre-pack insolvency means a pre-arrangement between the creditor and the interested buyer prior Read more
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POLICY ANALYSIS OF TRANSGENDER PERSONS ACT, 2019
In theory, persons become equal citizens only ‘as long as they perform certain prescribed codes of respectable citizenship which are for their own good.’[1] Cases including acknowledgment of, or security for sex assorted characters epitomize the manners in which disputants should limit their lived experiences to become citizens. Gender is an administrative and monitored social standard Read more
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THE SET IN STONE RULE OF LIMITATION UNDER SECTION 34 OF THE ARBITRATION & CONCILIATION ACT,1996
The reason behind growth of Arbitration was its peculiar features such as party autonomy, least interreferences by courts and above all the summary process leading to speedy disposal of the cases. These features are very important specially for commercial disputes which involve huge economic stakes and any inordinate delay could cause loss not just to Read more
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