A constitutional tort is a legal tool that allows the state to be held vicariously accountable over the actions of its agents. If any of the civil rights are abused, there is a judicial attempt to obtain a legal redress in the form of damages. The sole difference is that if the act is performedContinue reading “CONSTITUTIONAL TORT”
Category Archives: Constitution
CORPORATE & CROSS BORDER INSOLVENCY LAW IN INDIA WITH COMPARATIVE ANALYSIS OF LAW IN UNITED STATES
The globalisation of economy invited its own set of pros and cons. An issue that has assumed greater significance is that of corporate insolvency. The realms of cross-border insolvency law has multiplied on a macro level considering that the Indian economy opened up its gates for investments made by foreign creditors, alongside the Indian CorporatesContinue reading “CORPORATE & CROSS BORDER INSOLVENCY LAW IN INDIA WITH COMPARATIVE ANALYSIS OF LAW IN UNITED STATES”
MARITAL RAPE: GROUND REALITY OF CONTEMPORARY INDIA
The semantic understanding of Rape is, non-consensual or forced intercourse with someone but different perspectives push through when you consider the act of rape in the setting of a marriage in India. In a country that considers marriage a sacred institution, marital rape not only becomes hotly debated but its very legislative validity starts beingContinue reading “MARITAL RAPE: GROUND REALITY OF CONTEMPORARY INDIA”
Analysis of Section 86(2) of the Juvenile Justice (Care & Protection of Children) Amendment Act, 2021
Children are always attributed with innocence, beauty, and without a possibility of malignity in them. They are the torch bearers of our nation and hence they shall be treated equally as adults. Their life and liberty shall be considered as important as adult citizens of the nation. Our legislations pertaining to child rights are formedContinue reading “Analysis of Section 86(2) of the Juvenile Justice (Care & Protection of Children) Amendment Act, 2021”
ANIMAL WELFARE LAWS WITH EMPHASIS ON PUNISHMENT FOR ANIMAL CRUELTY IN INDIA
India, the world’s seventh largest country, is one in every of the foremost bio-diverse regions within the world, with four of the world’s 36 variety hotspots. It’s home to animals starting from Bengal Tigers to the Great Indian Rhinoceros and animal protection and welfare within the country has taken a outstanding place in recent years. ProtectionContinue reading “ANIMAL WELFARE LAWS WITH EMPHASIS ON PUNISHMENT FOR ANIMAL CRUELTY IN INDIA”
RES JUDICATA: THE RULE OF CONCLUSIVENESS
WHAT IS RES JUDICATA? The Principle of res judicata is enshrined under Section 11 of the Code of Civil Procedure, 1908. This principle or rule is also called as the “rule of conclusiveness”. It provides that a matter once finally decided by a competent Court, no party can reopen it in a subsequent litigation. It was heldContinue reading “RES JUDICATA: THE RULE OF CONCLUSIVENESS”
Essential Ingredients of Section 307 IPC- The Prosecution is required to prove its case beyond reasonable doubt & conviction cannot be based merely on the basis of presumption to rule out the presence of accused- SC REAFFIRMS
IN A RECENT JUDGEMENT SET OUT BY ASSIDUOUS EFFORTS OF HK LAW OFFICES IN CASE TITLED AS ‘VASUDEV V. STATE OF M.P., 2022 SCC OnLine SC 118, AIR Online 2022 SC 80‘, WHEREIN THE HON’BLE SUPREME COURT OF INDIA POINTED OUT THE GRAVE ERROR COMMITTED BY TRIAL COURT AND HIGH COURT IN CONVICTING THE APPELLANTContinue reading “Essential Ingredients of Section 307 IPC- The Prosecution is required to prove its case beyond reasonable doubt & conviction cannot be based merely on the basis of presumption to rule out the presence of accused- SC REAFFIRMS”
SECTION 144 CRPC AND FREEDOM OF MOVEMENT
In the wake of the current COVID-19 pandemic, people have usually been hearing about how section 144 of the Criminal Procedure Code has been regularly imposed in different parts of the country in order to stop the spread of the pandemic. Talking about fundamental rights in the middle of a raging pandemic seems absurd, butContinue reading “SECTION 144 CRPC AND FREEDOM OF MOVEMENT”
LAW ON ANTI-SUIT INJUNCTION IN INDIA
“An in-depth analysis on common law of Anti-Suit Injunction which is substantially barred by section 41 (a) & (b) of the Specific Relief Act, 1963 yet is well established and prevailing law as interpreted in landmark judgments by Hon’ble Supreme court of India.” By– Adv. Megha Chaturvedi Associate, H.K. Law Offices WHAT IS ANTI-SUIT INJUNCTION?Continue reading “LAW ON ANTI-SUIT INJUNCTION IN INDIA”
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 activismContinue reading “ECONOMIC IMPACT OF JUDICIAL DECISIONS”
H.K. LAW OFFICES 