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Arbitration under MSME Act

Arbitration under MSME

Arbitration under MSME Act The Micro, Small and Medium Enterprises (“MSMEs”) are regulated under ‘the Micro, Small and Medium Enterprises Development Act, 2006’ (“the MSME Act”) and one of the primary objective of the MSME Act has been to protect the MSMEs from defaulting buyers, who delay/stop the payments to the MSME enterprises. It is a comprehensive legislation that intends to ensure smooth flow of credit to small scale enterprises and boost the development of the micro, small, and medium enterprises  by inter alia providing for Arbitration under MSME Act. The framework of the MSME Act mandatorily requires a buyer of goods...

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Understanding Sec. 37 of the NDPS Act & powers of High Court to grant Bail in NDPS Cases

Narcotic Drugs

Understanding Sec. 37 of the NDPS Act & powers of High Court to grant Bail in NDPS Cases: Drugs-related NDPS cases are dealt under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The law makes cultivation, consumption, abating consumption, sale or transaction of narcotic drugs and psychotropic substances listed under the NDPS Act as crime.  A perusal of Sec. 37 of NDPS Act shows that it starts with a non-obstante clause stating that: Notwithstanding anything contained in the Code of Criminal Procedure, 1973 no person accused of an offence prescribed therein shall be released on Bail unless the conditions contained therein were...

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Supreme Court on appointment of Tribunal members

The Hon’ble Supreme Court by majority of 2:1 in the case of Madras Bar Association vs. Union of India & Anr. has struck down certain provisions of Tribunals Reforms (Rationalization and Conditions of Service) Ordinance 2021 which provided minimum age limit for appointment as members in various tribunals to be 50 years. The majority observed that the minimum age requirement of 50 years proposed by the ordinance is in violation of the earlier directions given by the court in 2020 Madras Bar Association Case, that proposes that the advocates with minimum 10 years of experience should be rendered as eligible...

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Justice Delayed is Justice Denied: Cheque Bounce cases under Sec.138 N.I. Act

Cheque Bounce Advocate Chandigarh

A 5-judge Constitution Bench of the Hon’ble Supreme Court of India in a Sou Motu petition has recommended amendments in Section 138 of the Negotiable Instruments Act, 1881 and issued several other guidelines in order to make the Act more efficient in disposing of the cases of dishonor of cheque in a speedy manner since there has been a huge backlog of cases on the matter pending for disposal which is raising questions on the efficacy of the existing laws. The learned Amici Curiae as appointed by the Apex Court in its preliminary report submitted that total number of criminal cases...

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Jail Inmates also entitled to Right to Life

Right to life is guaranteed to all including the Jail inmates. As remarkably stated in a white paper published by the British Government titled “People in Prison” that if a society wants to judge its quality of belief in the worth of individual beings, it should see its prison and probation services and the resources made available to them. In a democratic country like India where rights of its citizen is one of the most important part of the system, also thrives to ensure that each and every individual is guaranteed his fundamental right to life. In a recent judgment the Punjab...

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Overview of UP Population (Control, Stabilization and Welfare) Bill, 2021


UP Population (Control, Stabilization and Welfare) Bill, 2021 India is the seventh largest country in the world with the population of 136.64 crores. Majority of its population is illiterate and lives below poverty line. Therefore, growing population is one of the major concern in a country like India. So in order to get the situation under control, now the government is keen to take measures regarding it. The CM Yogi Adityanath led BJP govt. in Uttar Pradesh while working in the same direction has now proposed a Bill that will aim to control population through various provisions. OBJECT OF THE BILL A Bill to...

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Insight into Advocates Protection Bill, 2021

Why should Judiciary and Police officials have all the fun? The BCI, one of the prominent body in the legal system of India is now concerned for the safety the advocates and their family after the occurrence of few incidents which included threat to their security, henceforth it has called for suggestions on the draft ‘Advocates Protection Bill’ from Bar Councils, High Court Bar Association and SC Bar Association. The Bill have come in talks after the incident involving a Jaipur based lawyer and his wife were attacked causing several injuries and in the view of similar incidents. The bill was drafted...

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Supreme Court’s outlook on ‘Reservation’

MARATHA RESERVATION The review petition filed by the central government challenging the decision of Supreme Court’s in the case of Union of India vs. Shiv Sangram & Ors. has been dismissed by the five-judge Constitution bench. Background of the case The state of Maharashtra promulgated an ordinance on 9th July 2014, granting 16% reservation in education and public employment to the Maratha community. However, the same was stayed by the Bombay High Court via an interim Order. Thereafter, Maharashtra further enacted the Socially and Educationally Backward Classes Act, 2014 granting 16% reservation to educationally and socially backward classes amongst whom the Maratha community...

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Husband’s anticipatory bail in 498A case from High Court

High Court

Once at the instance of the wife (complainant), the FIR under Sections 498-A/406 IPC is registered it is better option to take Anticipatory Bail in the offences as read in the FIR. Usually, the entire family of the husband is entangled in the FIR. When the in-laws move for anticipatory bail in the court, they are usually granted anticipatory bail since they form a separate household unit distinct from that of their son (husband). The Supreme Court in various judgments have quoted that the Sections under 498a and 406 under the Indian penal code are widely misused and for no reason...

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Key Changes – (new) Consumer Protection Act, 2019

The Indian market has undergone drastic changes in past few decades with the advent of digital technologies, development of E-commerce, smartphones etc. but the old Consumer Protection Act, 1986 being a 33 years old consumer protection legislation had become obsolete and redundant to cover these emerging complexities in the market. In the light of this situation the Parliament had passed the Consumer Protection Act 2019 which has received the assent of the President on 9th August 2019. As such the new Act has repealed the old Consumer Protection Act, 1986....

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