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”
Category Archives: Legal Profession in India
ARBITRATION AGREEMENT- ANALYSIS AND LEGAL ASPECT
An Arbitration agreement is characterized in Section 7 of the Arbitration and Conciliation Act 1996. An Arbitration agreement is a contract between two or more parties to yield the Arbitration in a particular debate that should be settled down between the parties. This assertion may be a lawfully official contract. Consolidation of rules chosen withContinue reading “ARBITRATION AGREEMENT- ANALYSIS AND LEGAL ASPECT”
MONEY LAUNDERING: WHERE DOES THE BUCK STOP?
The practice of cycling the proceeds of crimes into legitimate earnings through various businesses and complex financial transactions has been as old as civilization itself. However, the term “money laundering” is a relatively very modern one. The etymology of the term “money laundering” can be traced to the activities of the Italian mafia in the U.S.,Continue reading “MONEY LAUNDERING: WHERE DOES THE BUCK STOP?”
RECENT TRENDS IN MERGER AND ACQUISITIONS
In the past decade, Mergers and Acquisitions have taken over the corporate sphere globally and in that India is not far behind achieving greater mobilization of economy, especially after the removal of constructive arrangements and liberalisation of the Indian economy. Mergers and acquisitions are those strategic tools which help in the development of the economyContinue reading “RECENT TRENDS IN MERGER AND ACQUISITIONS”
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”
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 wasContinue reading “THE CODE FOR WORKPLACE: SAFETY, HEALTH, AND WORKING CONDITIONS”
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 rampartContinue reading “Collegium System v. NJAC – Critical Analysis of Judicial Appointment System”
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 priorContinue reading “PRE PACKAGED INSOLVENCY”
H.K. LAW OFFICES 