Death and Lust have gained the highest TRPs over the years and despite this decades-old debate of to have or not to have, this topic still attracts the most discussion and debates in the realm of criminal jurisprudence. Academicians, jurists and judges have time and again discussed on this topic, while some opposing the death penalty and some supporting it. The Abolitionist and the Retentionists have argued the pros and cons of the Death Penalty. All the governments have invariably supported it. However, there is once again an opportunity to debate this issue since the Government is examining ..read more

When we go through the powers conferred to SEBI (‘the Board’) for the regulation of financial and securities market, we observe that the Board has been vested with a vast range of powers, which are too broad even for a cross-sector regulator. This is one of the reasons for the conflict of powers given to the Board and the other authorities under various laws which are not within the ambit of the Board or partially within their ambit. This has created a lot of chaos not only for investors and consumers but also for other cross-sector regulators and even sector-specific ones. One example of suc ..read more

About a few weeks ago, the prime minister announced the future shape of India’s lockdown. Watching anxiously were millions of India’s migrant workers, some of who managed to make it home with great difficulty but lakhs of others are still stranded across urban India and industrial sites. Beginning from the flock of migrant workers crowding Anand Vihar to Mumbai’s Bandra station protest, the current picture of thousands of migrant workers fleeing en masse to their native villages with luggage hovering on their heads, babies in their arms, and elderly struggling alongside, is distressing. A 39 ..read more

Neither a buyer nor a seller be – With apologies to William Shakespeare With the passing of the Consumer Protection Act 2019 on 9 August and previously the Consumer Protection Act 1986, we are moving closer and closer to realising the goal of a country in which “ Consumer is King ”. The Consumer Protection Act 2019 has introduced stricter safeguards against Unfair Contracts and provisions regarding Product Liability and Penal Consequences. However, in the midst of all this, it would be very easy to get a little carried away and we could soon get to that unfortunate hour when the pendulum sw ..read more

The law of contempt is one of the legacies of British Raj that still holds a lot of importance. In E.M.S. Namboodripad v. T.N. Nambiar the Supreme Court had observed that “The law of contempt stems from the right of the courts to punish by imprisonment or fine to persons guilty of words or acts which either obstruct or tend to obstruct the administration of justice. This right is exercised in India by all courts when contempt is committed in facie curiae and by the superior courts on their own behalf or on behalf of courts subordinate to them even if committed outside the courts.” [1] The Con ..read more

Shares may be issued against payment for acquiring assets by the company. It would even include an issue of shares made in lieu of acquiring Intellectual Property (IP) Rights. This article attempts to discuss an issue and allotment of shares made by an Indian company to a person outside India against payment for the purchase of IP Rights. Issue of shares for consideration other than cash An issue of shares for non-cash consideration can be done by way of preferential allotment, as under Section 62(1)(c) of the Companies Act, 2013 authorized by a special resolution. Further, the price of such ..read more

Origin Of National Green Tribunal In United Nations Conference on Environment and Development[1], India vowed to supply judicial and administrative remedies for the victims of the pollutants and other environmental damage.[2] The Government of India within the year 2010 enacted National Green Tribunal (NGT) Act which enabled the creation of a special tribunal which might handle the cases concerning environmental issues. This Act drew its inspiration from Article 21 of the Constitution of India which assures the citizens of India a right to wash and healthy environment.[3] After the enactment o ..read more

A person who willfully misrepresents facts or omits material facts in the balance sheet or while filing any return or while furnishing any other document, or presents such facts which is known to be false by the concerned person, is liable for imprisonment of up to three years or with fine which may extend to one crore rupees. [1] What is willful came up for consideration before Supreme Court in S. Sundaram Pillai’s [2] case wherein it was held that in order to be willful the act must be intentional, deliberate, calculated and conscious, with full knowledge of legal consequences flowing the ..read more

Somebody has said that Laws are meant to be broken. This expression finds its greatest champions in those people who consider themselves as Laws unto themselves and they are terrorists. Good and evil have existed together as one does not survive without the other but the greatest evil of the contemporary world without corresponding good is terrorism. Our country is no exception. We have witnessed many terrorist attacks in the recent past. On 13th December 2001, five armed gunmen infiltrated into Indian Parliament house precinct and in exchange of cross-firing between them and security forc ..read more

Types of Warrants Though there is no mention of Bailable and Non-bailable warrants in the code, Warrants are of two kinds, Bailable and Non-bailable. Sec. 71 deals with bailable warrants. As per Sec. 71 (1), any court issuing a warrant for the arrest of any person may it its discretion direct by an endorsement on the warrant that if such person executes a bond with sufficient sureties for his attendance before the court at a specified time and thereafter until otherwise directed by the court, the officer to whom the warrant is directed shall take such security and shall release such pe ..read more