India Columns

Nominee Directors of the Company may not be called to account for offences

Date: Aug 5, 2022

In this major decision, the Delhi High Court ruled that when a person is not involved in the day-to-day operations of the company and is not tasked with any executive duties on behalf of the company,...

Regarding the redemption of preference shares, preference shareholders have options

Date: Aug 5, 2022

The National Company Law Appellate Tribunal (NCLAT), New Delhi, determined that the purpose of Section 55 of the Companies Act, 2013, which was promulgated by the legislature, was to compulsorily...

The Jurisprudence of Minimum Alternate Tax in India

Date: Aug 5, 2022

The Jurisprudence of Minimum Alternate Tax in India: A Scholarly Analysis of Section 115JB and its Judicial Interpretation Introduction The Minimum Alternate Tax (MAT) represents a cornerstone of...

Reduction of Capital is a "Domestic Affair" of a certain corporation in which a Tribunal will typically not intervene because a "majority decision" has prevailed

Date: Aug 5, 2022

'Reduction of Capital' is a 'Domestic Affair' of a particular corporation in which, ordinarily, a Tribunal will not interfere because a majority judgement prevails, according to the Coram of Justice...

Petitions alleging tyranny and mismanagement against a company cannot include a person who may be the leader of some other organisations in addition to the Company

Date: Aug 5, 2022

An order to indict a former Executive Director of the Punjab National Bank in connection with the Rs 14,000 crore Nirav Modi diamond trader scam was overturned by the National Company Law Appellate...

Unregistered Simple Mortgage in India

Date: Aug 4, 2022

The Legal Labyrinth of Unregistered Simple Mortgages in India: Enforceability and Evidentiary Value Introduction A simple mortgage is a common form of security interest in immovable property in...

Exemption from Departmental Examinations in Indian Public Service: A Legal Analysis

Date: Aug 2, 2022

Exemption from Departmental Examinations in Indian Public Service: A Legal Analysis Introduction Departmental examinations form an integral component of the service conditions for government...

Section 17 CPC — Jurisdiction over Suits Concerning Immovable Property Situate within Multiple Jurisdictions

Date: Aug 2, 2022

Section 17 of the Code of Civil Procedure, 1908: Jurisdiction over Suits Concerning Immovable Property Situate within Multiple Jurisdictions Introduction Section 17 of the Code of Civil Procedure,...

The Principle of Stare Decisis in Indian Jurisprudence

Date: Aug 2, 2022

The Enduring Doctrine of Stare Decisis: Its Application and Evolution in Indian Jurisprudence Introduction The principle of stare decisis et non quieta movere – to stand by decided cases and not to...

The Bombay Government Premises (Eviction) Act, 1955: Constitutional Position, Judicial Interpretation and Contemporary Relevance

Date: Jul 29, 2022

The Bombay Government Premises (Eviction) Act, 1955: Constitutional Position, Judicial Interpretation and Contemporary Relevance Introduction The Bombay Government Premises (Eviction) Act, 1955 (“BGP...

Grant of Relief Not Prayed For: Principles and Precedents in Indian Law

Date: Jul 28, 2022

Grant of Relief Not Prayed For: Principles and Precedents in Indian Law Introduction The edifice of civil adjudication in India, as in most common law jurisdictions, rests upon the foundational...

Gift Deeds Void Ab Initio under Indian Law

Date: Jul 28, 2022

The Doctrine of Void Ab Initio in Relation to Gift Deeds under Indian Law Introduction A gift, under Section 122 of the Transfer of Property Act, 1882 (TPA), is defined as the transfer of certain...

Ex-Parte Attachment Orders in Indian Law: Jurisprudential Evolution and Procedural Safeguards

Date: Jul 27, 2022

Ex-Parte Attachment Orders in Indian Law: Jurisprudential Evolution and Procedural Safeguards Introduction Attachment of property ex parte constitutes one of the most invasive interim measures known...

Section 7 of the Explosive Substances Act, 1908 – Consent, Competence, and Constitutional Scrutiny

Date: Jul 26, 2022

Section 7 of the Explosive Substances Act, 1908 – Consent, Competence, and Constitutional Scrutiny Introduction The Explosive Substances Act, 1908 (“ESA”) remains one of India’s oldest special...

No one can be summoned orally to the Police Station.

Date: Jul 26, 2022

The Allahabad High Court in Ram Vilas Thru. Daughter Sarojani And Another v. State Of U.P. Thru. Prin. Secy. Home And Others no person, including an accused, can be summoned to a police station...

Revisiting Sections 39 and 44 of the Indian Electricity Act, 1910: Judicial Interpretation, Evidentiary Presumptions and Contemporary Relevance

Date: Jul 26, 2022

Revisiting Sections 39 and 44 of the Indian Electricity Act, 1910: Judicial Interpretation, Evidentiary Presumptions and Contemporary Relevance 1. Introduction Sections 39 and 44 of the Indian...

A domestic violence victim can enforce her right to reside in a 'shared household' even though she hasn't resided there.

Date: Jul 26, 2022

The Supreme Court in Prabha Tyagi vs Kamlesh Devi observed that "Even if an aggrieved person is not in a domestic relationship with the respondent in a shared household at the time of filing of an...

A dispute involving the State in which an arbitration agreement is present would not necessarily nullify Writ jurisdiction under Article 226

Date: Jul 22, 2022

The Hon'ble Supreme Court of India recently had the difficult task of determining whether the existence of an arbitration clause would categorically preclude the remedy to invoke writ jurisdiction...

RBI Circular Requesting Banks To Take Defaulting Companies Into Insolvency Is Rejected by the SC

Date: Jul 22, 2022

The lawsuit stipulates that the Reserve Bank of India's Circular RBI/2017 18/131.DBR.No.BP.BC.101/21.04.048/2017-18, dated February 12, 2018, was the basis for the extra vires action taken on its...

Consumer Courts can direct builders to give refund & compensation to homebuyers for delay or failure in delivering possession

Date: Jul 22, 2022

To much of the relief to the flat buyers, the Supreme Court has held that the Consumer Courts have the power to direct the builders to compensate and provide refund to the aggrieved homebuyers, in...

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