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”
Tag Archives: Statute
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”
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”
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”
STATUS & RIGHTS OF SECOND WIFE IN INDIA
A second marriage, if the first marriage exists at the time, is considered illegal and the relationship that exists between the couple because of the second marriage also holds no value or validity in the eyes of the law. Although the legal provisions made in this regard have made the status of second marriage veryContinue reading “STATUS & RIGHTS OF SECOND WIFE IN INDIA”
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”
H.K. LAW OFFICES 