04 March

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Disclosure Statements and Charges under NDPS Act

Posted by lexel

Charge Framing upon Disclosure Statement under Section 29 of the NDPS Act not sustainable in absence of Material Evidence Usually, it is seen that the prosecution in order to falsely implicate the accused, without any evidence, relies solely on the disclosure statements of other accused. These disclosure statements are involuntary and are recorded by the police from the other accused when they are in custody and therefore the element of coercion and undue influence always prevail in such disclosure statements which challenge the very authenticity of such statements. The police during investigation makes these disclosure statements as the basis for the...

04 January

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Understanding Bails in Murder Cases

Posted by lexel

in Criminal Law, High Court, Judgments

Understanding Bails in Murder Cases In a criminal case specifically during consideration of bails in murder cases under Section 302 IPC, evidence placed on record is of foundational importance. In a matter pertaining to bail in a murder case based on circumstantial evidence, the main contention which can lead a judge to exercise discretionary power and grant the concession of regular bail is an incomplete chain of events and allegation based upon conjectures and suspicion with no material corroborating evidence to establish a prima facie case against the accused. In other words absence of facts which can be proved as a...

14 June

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Arbitration under MSME Act

Posted by lexel

in Arbitration, Legal Updates

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...

25 May

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

Posted by lexel

in Criminal Law, High Court, Judgments

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...

10 February

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Arbitration- Simplifying the Legal Battles

Posted by Deeksha Arora

in Legal Updates, Uncategorized

Introduction to Arbitration Arbitration has become a buzzword in today's commercial contracts. The law gives the parties the option of entering into commercial agreements knowing that if there is a dispute, they can refer it to this easy, quick, convenient, and cost-effective approach rather than going through the complex and lengthy proceedings of a court. Both domestic and international arbitration are covered by the Act. This article focuses on domestic issues that also apply to major aspects of international arbitration. Advantages of Arbitration Alternative Dispute Resolution (ADR) includes arbitration. ADR procedures have a number of advantages, including- Lower costs Procedural flexibility Increased confidentiality ...

04 February

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The Advent of Inactive Companies- Dormant Companies

Posted by Deeksha Arora

in Legal Updates

Introduction Dormant companies are those companies who have not conducted any business activity in the previous two financial years or have not completed any significant accounting activities, or have not maintained accounting information and annual returns in the previous two financial years. The main goal of the amendments to the Companies Act 1956 was to create a better law that would be able to address changes in the public and global situation, enable the acceptance of internationally recognized prescribed procedures, and provide adaptability due to constantly changing plans of action. The idea of Dormant Companies, which was offered in Section 455 of...

28 January

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A Glimpse of Inter-State Arrest

Posted by Deeksha Arora

in Criminal Law, Legal Updates

Introduction Although this form of investigation or arrest is constitutionally unlawful, it occurs when authorities from one state arrest the accused or perpetrator in another state. A police officer can only arrest or investigate someone who is within their state's borders. For example, if someone commits a crime in Delhi and is vested in Delhi, only Delhi police, not police from other states, have the jurisdiction to arrest that offender. To arrest an accused from another state, a state's police force must communicate with the police force of the state where the accused is located, which has the right to act...

07 January

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Non-Acceptance of “India Awake for Transparency”

Posted by Deeksha Arora

in Legal Updates

The Delhi High Court dismissed the claims of "India Awake for Transparency" Company, appointing Shreesha Merla as a Member (Technical) of the National Company Law Appellate Tribunal (NCLAT). Chief Justice DN Patel and Justice Jyoti Singh of the Division Bench pronounced the assignment valid and the appointee qualified. . It stated that the petitioner firm, India Awake for Transparency, had its licence revoked under Section 8 of the Companies Act, 2013, despite its declaration to be a functioning company, and that the affidavit presented was fake. The Court has been further notified that the Petitioner Firm has a tendency of initiating similar sorts of...

07 January

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Legal Age of Marriage for women- Detailed Analysis of PCMA (Amendment) Bill, 2021

Posted by Deeksha Arora

in Legal Updates, Public Policy

Introduction The Narendra Modi government on December 16, raised the legal age of marriage for women from 18 to 21 years old. The proposal was approved by the Union Cabinet, and a bill amending the 2006 Prohibition of Child Marriage Act, PCMA (Amendment) Bill, 2021 was filed in Parliament. The proposed legislation equalizes the legal age of marriage for men and women by raising the age of marriage for women to 21 years. It incorporates modifications to several communities' personal laws relating to marriage age in order to ensure uniformity in this area. Background In June 2020, the panel was formed. Its goals included...

19 July

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Supreme Court on appointment of Tribunal members

Posted by lexel

in Legal Updates, Public Policy, Supreme Court

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...