Purpose Behind Enactment of Insolvency and Bankruptcy Code 2016 (IBC) Author: Utkarsh SrivastavaAdvocate-on-Record, Supreme Court of India 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 […]
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Protection of Children from Child Pornography under POCSO Act Author: Utkarsh SrivastavaAdvocate-on-Record, Supreme Court of India NEED OF POCSO ACT 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.
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Public Policy of India: When an Arbitral Award can be held to be against the Public Policy of India? Author: Utkarsh SrivastavaAdvocate-on-Record, Supreme Court of India An Arbitral Award can be challenged on the grounds laid down in Section 34(2), (2-A) and (3) of the Arbitration and Conciliation Act 1996 (herein after referred to as
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Admission under Order XII Rule 6 of the Code of Civil Procedure 1908: Extent and Scope Author: Utkarsh Srivastava Advocate-on-Record, Supreme Court of India Whether a statement made in examination-in-chief and cross-examination in a separate case be considered as an admission for the purposes of Judgment under Order XII Rule 6 of the Code of
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MAINTAINABILITY OF AN APPLICATION FOR ANTICIPATORY BAIL BY A PERSON ALREADY IN CUSTODY Author: Utkarsh SrivastavaAdvocate-on-Record, Supreme Court of India Introduction of Anticipatory Bail in the Indian Judicial System 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
Need any legal advice? JURISDICTION OF EXECUTION COURT TO RESCIND CONTRACT UNDER SPECIFIC RELIEF ACT Author: Utkarsh SrivastavaAdvocate-on-Record, Supreme Court of India In this paper we are going to discuss the rights of the parties to rescind contract at the time of execution. About the provisions of Specific Relief Act providing the right to rescind
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LEGAL HEIRS’ RIGHT OVER THE DECEASED’S ESTATE VIS-À-VIS NOMINEE’S CLAIM OVER THE SUBJECT MATTER OF THE NOMINATION Author: Utkarsh SrivastavaAdvocate-on-Record, Supreme Court of India In this paper we are going to discuss the entitlements of Successor and Nominee over the estate of the deceased. This dilemma has to be dealt with by everyone at least
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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 Author : Utkarsh SrivastavaAdvocate-On-Record (Supreme Court of India) Section 29A was inserted into Arbitration and Conciliation Act 1996 (“1996 Act”) by the Arbitration and Conciliation (Amendment) Act
NO WITNESS SHALL BE COMPELLED TO BE A WITNESS AGAINST HIMSELF VIS-À-VIS POWERS OF COURT UNDER SECTION 319 CODE OF CRIMINAL PROCEDURE 1973 Author : Utkarsh SrivastavaAdvocate-On-Record (Supreme Court of India) This paper discusses about the rights of a witness. Whether a witness can be compelled to be a witness against himself. Scope of the