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”
Tag Archives: H.K. LAW OFFICES
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”
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 standardContinue reading “POLICY ANALYSIS OF TRANSGENDER PERSONS ACT, 2019”
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 toContinue 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
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 which helps the court in delivering the justice toContinue reading “PRE-TRIAL STAGES IN CRIMINAL LAW (INDIA)- PART II”
SECTION 498A IPC- A WEAPON RATHER THAN A SHIELD OF A DISGRUNTLED WIFE
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 extend to three years and shall also beContinue reading “SECTION 498A IPC- A WEAPON RATHER THAN A SHIELD OF A DISGRUNTLED WIFE”
WAIVER OF RIGHT TO OBJECT IN ARBITRATION PROCEEDINGS
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) which solves disputes outside courts. In other words, arbitrationContinue reading “WAIVER OF RIGHT TO OBJECT IN ARBITRATION PROCEEDINGS”
CAN THE BANKRUPTCY CODE (IBC) OVERRIDE SPECTRUM GUIDELINES?
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 nature of IBC which prevails over other laws visContinue reading “CAN THE BANKRUPTCY CODE (IBC) OVERRIDE SPECTRUM GUIDELINES?”
LODGING OF FIR AND REDRESSAL MECHANISM ON REFUSAL BY POLICE TO REGISTER FIR
Nowadays, it is common for people to come across a refusal on registering FIR by the Police Officials. This article is all about what happens if the Police refuses to register FIR, what remedies do people have if they are refused for FIR registration on an unreasonable ground. For knowing the remedies and options whichContinue reading “LODGING OF FIR AND REDRESSAL MECHANISM ON REFUSAL BY POLICE TO REGISTER FIR”
H.K. LAW OFFICES 