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 Partner, H.K. Law Offices WHAT IS ANTI-SUITContinue reading “LAW ON ANTI-SUIT INJUNCTION IN INDIA”

ECONOMIC IMPACT OF JUDICIAL DECISIONS

BY AMAN SINGH LEGAL INTERN, H.K. LAW OFFICES 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 itContinue reading “ECONOMIC IMPACT OF JUDICIAL DECISIONS”

Collegium System v. NJAC – Critical Analysis of Judicial Appointment System

By Sania Kaushik Legal Intern, H.K. LAW OFFICES “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 impartialContinue reading “Collegium System v. NJAC – Critical Analysis of Judicial Appointment System”

PRE PACKAGED INSOLVENCY

BY SOMYA AGRAWAL LEGAL INTERN, H.K. LAW OFFICES BACKGROUND 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 meansContinue reading “PRE PACKAGED INSOLVENCY”

POLICY ANALYSIS OF TRANSGENDER PERSONS ACT, 2019

By Tanmay Durani Legal Intern, H.K. Law Offices BACKGROUND 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 becomeContinue reading “POLICY ANALYSIS OF TRANSGENDER PERSONS ACT, 2019”

THE SET IN STONE RULE OF LIMITATION UNDER SECTION 34 OF THE ARBITRATION & CONCILIATION ACT,1996

BY SWATI SINGH LEGAL INTERN, H.K. LAW OFFICES Introduction          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 andContinue reading “THE SET IN STONE RULE OF LIMITATION UNDER SECTION 34 OF THE ARBITRATION & CONCILIATION ACT,1996”

PRE-TRIAL STAGES IN CRIMINAL LAW (INDIA)- PART II

BY HEMANT CHAUDHRY LEGAL INTERN, H.K. LAW OFFICES The stage of investigation plays an important role in the pre-trial stages of a criminal case, as it contains various stages like the examination of witnesses by police, arrest, search and seizure, etc. These are the essential and the crucial pre-trial stages in a criminal case whichContinue reading “PRE-TRIAL STAGES IN CRIMINAL LAW (INDIA)- PART II”

SECTION 498A IPC- A WEAPON RATHER THAN A SHIELD OF A DISGRUNTLED WIFE

BY SUCHI CHATURVEDI ASSOCIATE, H.K. LAW OFFICES What is Section 498A Indian Penal Code? 498A-Husband or relative of husband of a woman subjecting her to cruelty.  Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extendContinue reading “SECTION 498A IPC- A WEAPON RATHER THAN A SHIELD OF A DISGRUNTLED WIFE”

WAIVER OF RIGHT TO OBJECT IN ARBITRATION PROCEEDINGS

BY SHREYA PRIYADARSHNI LEGAL INTERN, H.K. LAW OFFICES INTRODUCTION Arbitration is the procedure to solve disputes in which parties present their dispute by way of agreement to one or more arbitrator and decision of the arbitrator is binding on both the parties to the dispute. It is a form of Additional Dispute Resolution (ADR) whichContinue reading “WAIVER OF RIGHT TO OBJECT IN ARBITRATION PROCEEDINGS”

CAN THE BANKRUPTCY CODE (IBC) OVERRIDE SPECTRUM GUIDELINES?

BY RISHI BHARGAVA LEGAL INTERN, H.K. LAW OFFICES Recently the committee of creditors and successful bidder, UV Asset Reconstruction Company, of Aircel Insolvency case knocked the door of the apex court to challenge the order passed by the Principal Bench of NCLAT, Delhi. The petitioners highlighted that the tribunal failed to consider the overriding natureContinue reading “CAN THE BANKRUPTCY CODE (IBC) OVERRIDE SPECTRUM GUIDELINES?”