ARTICLES
Why Do We Need to Read
Legal Articles?
Reading legal articles is essential for several reasons:
Understanding the Law
Legal articles explain laws, rights, and obligations in a way that is often easier to understand than raw statutes or court rulings.Keeping Updated
Laws and legal interpretations evolve over time. Legal articles help you stay informed about recent developments and their impact.Critical Insight
These articles provide analysis and critique, offering deeper perspectives on legal issues, court decisions, or legislation.Professional Development
For legal practitioners and students, reading legal articles enhances knowledge, sharpens skills, and helps in staying relevant in the field.Informed Decision-Making
Legal articles can guide individuals and businesses in navigating legal challenges, ensuring compliance and avoiding legal pitfalls.Public Awareness
Even for non-lawyers, understanding basic legal principles or current legal issues through such articles can promote informed citizenship.
1. Legal Heirs’ right over the Deceased’s Estate vis-à-vis Nominee’s Claim over the Subject Matter of the Nomination
Consistently the Courts have interpreted various legislations contemplating nomination laws vis-à-vis succession laws and they hold that the nominee does not hold absolute title to the subject matter of the nomination. Upon death of the holder the subject matter of the nomination becomes part of the estate of the deceased and, irrespective of being testamentary or intestate, legal heirs have every right to claim their entitlement under the succession laws….
2. No Witness shall be Compelled to be a Witness against himself vis-à-vis powers of Court under Section 319 of the Code of Criminal Procedure 1973
“Nemo Tenetur Prodere Seipsum”: No one is bound to criminate himself and to place himself in peril. The above maxim is used under English Law, where a witness need not answer any question, the tendency of which is to expose the witness. The privilege is given to encourage all persons to come forward with evidence by protecting them as far as possible from injury. …
3. Application for extension of time for passing the Arbitral Award under Section 29A Arbitration and Conciliation Act 1996 can be filed after the expiry of the mandated period
Section 29A serves this purpose by mandating that an award shall be passed within a period of twelve (12) months and this time limit can be further extended upto a maximum period of six (6) months by consent of parties. Extension beyond six (6) months is not permitted….
4. Jurisdiction of Execution Court to rescind contract under Specific Relief Act
Section 28 of the Specific Relief Act 1963 provides that where a decree for specific performance of a contract for the sale or lease of immovable property has been made and the purchaser fails to pay the purchase money within the period as directed by the court, then the vendor or lessor may apply “in the same suit in which the decree is made” to have the contract rescinded…
5. Maintainability of an Application for Anticipatory Bail by a Person already in Custody
The concept of anticipatory bail was introduced in the India Judicial System for the first time in the form of Section 438 during the codification of Code of Criminal Procedure 1973.
Under the Code of Criminal Procedure 1898 the concept of anticipatory bail was absent. It did not have any provision analogous to Section 438 of Code of Criminal Procedure 1973…
6. Admission under Order XII Rule 6 of the Code of Civil Procedure: Extent and Scope
Hon’ble Supreme Court observed that the above framed question involved a question of law which also goes to root of the matter. It held that what has been given to the Appellants/Tenants under law cannot be taken away on the basis of an unclear disposition.
In other words, Hon’ble Supreme Court allowed the appeal holding that there cannot be an admission against the law.
7. Public Policy of India: When an Arbitral Award can be held to be against the Public Policy of India?
Section 34(2)(b)(ii) states that an arbitral award may be set aside by the Court if the Court finds that the Arbitral Award is in conflict with the “Public Policy of India”….
The term “Public Policy” is not statutorily defined but is a part of common law. It has been used in Section 23 of the Contract Act 1872, which provides that the consideration or object of an agreement is lawful when it is not opposed to public policy…
8. Protection of Children from Child Pornography
Protection of Children from Sexual Offence Act 2012 (“POCSO Act”) was enacted to protect the children from sexual abuse and exploitation and child pornography. Sexual Exploitation of Children has plagued the societies worldwide including India.
Before enactment of POCSO Act there was no specific law tailor made to deal with the sexual offences committed against children. Indian Penal Code 1860 (“IPC”) although was equipped to handle sexual offences, it did not recognize the various forms of sexual abuse that children might face.
9. Purpose behind Enactment of Insolvency and Bankruptcy Code 2016 (IBC)
Insolvency and Bankruptcy Code 2016 (IBC) was enacted to consolidate and amend the laws relating to reorganization and insolvency of corporate persons, partnership firms and individuals in a time bound manner. The purpose is to maximize value of assets of such individuals, to promote entrepreneurship, to keep the credit available, and to balance the interests of all stake holders.
10. 
Visitation Rights of Father – Remedy under Protection of Women from Domestic Violence Act 2005
Hon’ble High Court while following the judgment passed by the Hon’ble High Court of Manipur at Imphal in Smt. Huidrom Ningol Maibam Ongbi Omila Devi v. Shri Inaobi Singh Maibam, 2016 SCC OnLine Mani 169 held that Section 21 is amenable to two interpretations in such event only that interpretation which advances the object of the provision can be accepted.
11. Protection of Women from Domestic Violence Act 2005: An Effective Tool for Women against Domestic Violence in India
In Juveria Abdul Majid Patni v. Atif Iqbal Mansoori, (2014) 10 SCC 736, it was held by the Hon’ble Supreme Court that apart from the woman who is in a domestic relationship, any woman who has been in a domestic relationship with the respondent is covered by the definition provided under the Act of 2005.
12. Overlapping Laws on Maintenance and Alimony Rights of Women in India
Hon’ble Supreme Court of India in Captain Ramesh Chander Kaushal v. Mrs. Veena Kaushal & Ors., (1978) 4 SCC 70 while discussion the provision under Section 125 Code of Criminal Procedure 1973 held that the provision of maintenance is a measure of social justice which is specially enacted to protect the women and children. This provision falls within the constitutional sweep of Article 15(3) reinforced by Article 39 of the Constitution of India.
13. Proceedings under Insolvency and Bankruptcy Code 2016 (IBC)
Admission of an application is a significant event. It alters the nature of the CIRP as well as it changes stakeholders involved in the proceedings.
It is very necessary to understand that prior to commencement date and post the initiation date, i.e., the period between filing and admission of an application, the proceedings are in personam. Till the commencement date, the CIRP process is totally between the Applicant/Creditor and the Corporate Debtor.
14. Compulsory Convertible Debentures (“CCD”): Equity or Debt
To understand CCD, we need to know what debenture is and to understand debenture we must first understand what debt and equity are and how they both play part in building a company.
Whether Compulsory Convertible Debentures (“CCD”) are equity, or debt has always been a never-ending debate. Every time the result depends on the terms of the Debenture Subscription Agreement (“DSA”). Each time, the court’s decision varies from situation to situation and no straight jacket formula has been framed till date to characterize the CCD.
A recent decision of the Hon’ble National Company Law Appellate Tribunal (“NCLAT”) has again sparked this debate.
15. Order XXIII Rule 1 Code of Civil Procedure 1908: Whether Applicable to Proceedings under Section 11(6) of the Arbitration and Conciliation Act 1996
This paper discusses on the applicability of the principles given under Order XXIII Rule 1 of the Code of Civil Procedure (“O23R1 CPC”) in subsequent proceedings for appointment of arbitrator under Section 11(6) of the Arbitration and Conciliation Act 1996 (“S.11(6) Arbitration /1996 Act”) after withdrawal of similar proceedings under S. 11(6) of the 1996 Act.