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TOP STORIES

News, Top Stories

Madurai Court shocked seeing the State of Government Hospitals, says all 57 post-mortems same [READ ORDER]

The Madurai bench of the Madras High Court, Chennai, while issuing a series of directions regarding the procedure of post-mortem and issuing of the death certificate ruled that the doctors, in strict compliance with Article 621 of the Tamil Nadu Medical Code, should hand over the post-mortem certificate to the judicial magistrate concerned as soon as it is done.

COLUMN

Column

Right To Privacy: Judicial Discourse

Privacy has been included in the ambit of Article 21 after the 2017 judgment in K.S. Putttuswamy v. Union of India. The article discusses the backdrop when attempts though made in this aspect, failed until 2017 when finally privacy became a fundamental right.

Column

Common Intention v. Similar Intention

Under Section 34, the common intention is the essential ingredient that upon satisfaction by every member in the group, holds all members accountable for the criminal offence as if that offence had been done by an individual alone. However, the common intention is not congruent to similar intention.

Column

Red Herring Prospectus

Red Herring prospectus refers to the preliminary prospectus which is filled by the company with SEC generally with respect to the initial public offering by the company that contains the information of the operation of the company but does not include details of the prices at which securities are issued and their numbers. A disclosure is made in red letters that the company will not attempt to sell the securities prior to the approval of the SEC and hence the name ‘Red Herring’.

Column

Need of NOTA in India

The purpose of the Article is to look at the need to have laws or rules which enable a voter to not choose any of the candidates in an election. There are two kinds of elections in India, the Constituency Elections, and the Elections of the Council of Ministers.

Column

Culpable Homicide v. Murder

“All murders are culpable homicide but not all culpable homicides are murders” – a very common phrase used to establish the difference between culpable homicide and murder. In the scheme of the Penal Code, “Culpable Homicide” is the Genus and ”Murder” its specie.

LEGISLATIONS

Legislations, The Law

The Indian Medicine Central Council (Amendment) Ordinance, 2020

The Indian Medicine Central Council (Amendment) Ordinance, 2020 was publicized on April 24, 2020. This ordinance amends the Indian Medicine Central Council Act (CCIM), 1970. The CCIM is one of the professional council to keep a check upon the higher education in Indian systems of medicine including Siddha, Sowarigpa, Ayurveda, and Unani. This article discusses the new changes brought by the Indian Medicine Central Council (Amendment) Ordinance, 2020.

Legislations, The Law

The Insolvency and Bankruptcy Code Ordinance 2020

The outbreak of COVID 19 led to a nationwide lockdown to control the spread of the virus. The lockdown resulted in disruption of business and a bad state of economic activities. To control the misuse of the resolution process and protect innocent corporate debtors from the push, an Ordinance was promulgated to suspend all filing of resolution file for six months.

Legislations, The Law

The Commercial Courts Act, 2015

Based on the recommendation of the Law Commission of India, the act came into force from October 2015. The primary aim of the Commercial Courts Act is to provide speedy disposal of high-value commercial disputes to reduce the pendency of cases. Further, the act introduces Commercial Courts, Commercial Divisions in High Courts, and Commercial Appellate Divisions as discussed in the article along with several important provisions.

CASE REVIEWS

Case Reviews, The Law

Rojer Mathew v. South Indian Bank Ltd

The case primarily challenged the constitutionality of part XIV of the Finance Act, 2017, and rules framed in consonance of Section 184 of the Finance Acr, 2017. In answer to this issue, the bench struck down the rules framed in entirety and as regards Section 184, it was held that there was no probability of uncertainty.

Case Reviews, The Law

Mrs. Madhu Devi Fatehpuria V. M/S Jugal Kishore Shyam Prakash & Co.

The instant case deals with the issue that whether the petitioner can seek the appointment of an Arbitrator to adjudicate the disputes between the parties under Section 11(6) of the Arbitration and Conciliation Act, 1996. To resolve the issue, the court held that the place of registration of a partnership firm would confer territorial jurisdiction on the Court to adjudicate a petition under Section 11 of the Arbitration Act in cases where jurisdiction or seat is not mentioned in the contract.

Case Reviews, The Law

Neelam Gupta V. Mahipal Gupta & Anr

A three-judge bench, comprising of Justice UU Lalit, Justice Indu Malhotra, and Justice Krishna Murari, at Supreme court, in an appeal arising out of the common judgment and order passed by High Court of Delhi, disposed of a matrimonial dispute on settlement. Previously the HC affirmed the order passed by the Mahila Court in proceedings under section 12 of the DV Act and an order passed by Additional sessions judge-2, Rohini Courts, Delhi.

Case Reviews, The Law

Bernkrant V. Fowler

The instant case deals with the application of private international law or the conflict of laws following the law of contracts between two states as both the states follow a different set of rules when it comes to the validity of oral contracts.

PROFESSIONAL GUIDANCE

HOW TO?

How To?

HOW TO FILE AN EXECUTION PETITION

After any judgment is delivered the next thing is to enjoy the benefits of the decree. To enjoy the benefits of the said decree or order one has to file for execution. Under CPC, the lengthiest Order i.e. ORDER XXI deal with the procedure followed to EXECUTE a decree or order of the Court.

How To?

How to File A Suit for Recovery of Money

A brief action or summary procedure is available for recovery of money under the Civil Procedure Code, 1908, by way of the institution of a suit in a court of appropriate jurisdiction. Order 37 CPC is one of the best provisions in the hands of a proposed Plaintiff, wanting to institute a Civil Suit. The article enumerates the steps involved in filing the suit for the recovery of money.

How To?

How to file for Bankruptcy

In India, filing for bankruptcy is not very popular, but it can be a good option for those who are heavily indebted and cannot see any chances of repayment in the future. This article gives you a gist on how to file for bankruptcy.

How To?

How to file a suit for the Dissolution of Partnership

The dissolution of a partnership firm takes place when the relationship between the partners of a firm is dissolved or terminated. The article discusses the primary ways of dissolution i.e by Court intervention or otherwise. And further, the steps involved in both the ways have been briefly explained in the article to facilitate the dissolution process.

How To?

How to register a trademark

A trademark is a logo or a symbol used by an owner to represent his business. With a registered trademark, you can stop others from using your trademarked business name/logo, etc. with regards to goods or services it is registered. The article discusses the steps involved in the registration of the trademark and the importance of registration of a trademark.

How To?

How to draft a Partnership Deed

A partnership deed is a document in which the respective rights and obligations of the members of a partnership are written. The partnership deed may be oral or written and is not necessarily required to be registered. However, registering the deed helps when disputes arise as partners can sue and be sued as per the terms of the deed.

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