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Legal Updates

Arbitration- Simplifying the Legal Battles

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 ...

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The Advent of Inactive Companies- Dormant Companies

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...

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A Glimpse of Inter-State Arrest

Bail

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...

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Non-Acceptance of “India Awake for Transparency”

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...

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

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...

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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

Lexel

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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