Quashing of FIRs by High Courts under Section 482 CrPC: A closer …
WEBNov 14, 2022 · The article examines the legal basis and interpretation of Section 482 of the Code of Criminal Procedure, which recognises the inherent powers of High Courts to quash FIRs. It argues that the phrase "or otherwise to secure the ends of justice" should be read as a single unit and not as a disjunctive one, based …
Exclusive Jurisdiction Clauses in a Contract: Key issues - Bar and …
WEBSep 11, 2019 · The article discusses the validity and enforcement of exclusive jurisdiction clauses in commercial contracts, with reference to the Supreme Court and High Court decisions. It cites the case of Shridhar Vyapar v. Gammon India as an example of a contractual choice of forum clause being upheld by the Calcutta High Court.
“Shall” Shocked: The use of shall in legal documents - Bar and Bench
WEBJun 19, 2021 · Shall is a common modal verb in legal drafting, but it has different meanings depending on the context. Learn how to use shall correctly and avoid confusion, and explore other ways to express future, obligation, and condition in legal language.
Understanding exhibition and marking of documents during …
WEBNov 16, 2021 · Learn the difference between exhibits and marks, the origin and purpose of the practice, and how to name documents in court. This article explains the customary and legal aspects of tendering documents as evidence under the Indian Evidence Act.
40 landmark judgments on the MSMED Act, 2006 - Bar and Bench
WEBJul 19, 2020 · The Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) aims to promote and develop MSMEs in India. This article reviews 40 landmark judgments on the Act, covering issues such as definition of supplier, registration, dispute resolution mechanism and compensation.
The origins of “Justice must be seen to be done” - Bar and Bench
WEBApr 18, 2020 · Learn how Lord Hewart coined the phrase "justice must be seen to be done" in a case of a motorcycle collision in 1924. Find out how this aphorism has influenced legal decisions and debates on the rule of law and judicial independence.
Supreme Court on de-freezing of bank accounts under the PMLA
WEBFeb 22, 2021 · The Court quashed the communication issued by the ED and directed the banks to de-freeze the accounts of the appellants on account of non-compliance with the procedure under the Act. The Court held that the reasons to believe the appellants were involved in money laundering were not recorded in writing and the seizure was not sustainable under the CrPC.
Exclusion of works contracts from the ambit of the MSME Act, 2006
WEBAug 23, 2021 · The legislature, with an intention to streamline, promote and protect MSMEs, enacted the said Act, on June 16, 2006. The said Act provides for a Facilitation Council, which is empowered to adjudicate disputes - firstly through means of conciliation, failing which, arbitral proceedings can be initiated. The Arbitration and Conciliation Act, 1996, would govern such proceedings.
Digital Personal Data Protection Act, 2023 – A Brief Analysis
WEBAug 22, 2023 · The Act establishes a comprehensive framework for the protection and processing of personal data in India and abroad. It provides for the rights and duties of data principals and data fiduciaries, the definition and scope of personal data, and the legitimate uses and exceptions of consent.
Debriefed: The law on encounter killings and how the Supreme …
WEBJul 12, 2020 · The article examines the legal and constitutional aspects of encounter killings by police and other forces in India, and how the Supreme Court and NHRC have tried to regulate them. It also reviews the recent cases of encounter deaths in Uttar Pradesh, Manipur and Telangana, and the challenges in investigating and prosecuting them.
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