Corruption

What came first---- the egg or the chicken! The answer is rather illusive. It's more of anxiety for scientist and not for any common individual; even its answers are not to be bothered. What really worries should be rather in our "Constitution". What came first-corruption or the population? Can any one find out what's the... Continue Reading →

WINDING UP OF COMPANY

INTRODUCTION TO WINDING UP OF A COMPANY In case of winding up and dissolution, along with the Companies Act, 2013, the Insolvency & Bankruptcy Code, 2016 is also applicable to provide time bound resolution and eliminate the longer procedures along with protection of interest of creditors from insolvent company initiating for winding up procedures. One... Continue Reading →

LEASE

A lease and a license can be distinguished from each other, a lease is a transfer of right to enjoy the property whereas a license does not transfer any kind of interest in the property nor it has any right to possession. Lease is defined under section 105 of Transfer of property Act 1882. A... Continue Reading →

POLLUTER PAYS PRINCIPLE (PPP)

WHAT IS POLLUTER PAYS PRINCIPLE? Since its first appearance in 1972, the PPP is today understood in a much broader sense, not only covering pollution prevention and control measures but also covering liability, e.g. costs for the clean-up of damage to the environment, (OECD 1989 and 1992). Also, the field of application of PPP has... Continue Reading →

Maintenance under Chapter IX of Criminal Procedure Code

In simple terms, maintenance can be understood as the amount which is given or paid to the people who are dependent on man for instance wife, child, or parents to maintain themselves. It is the fundamental and moral duty of every man to maintain his wife, children, and parents when they are unable to maintain... Continue Reading →

PUBLIC INTEREST LITIGATION

PIL had begun in India towards the end of 1970s and came into full bloom in the 80s. Justice V.R. Krishna Iyer and Justice P N. Bhagwati, honorable Judges of the Supreme Court of India delivered landmark judgements which opened up new vistas in PIL. In Indian law, public interest litigation means litigation for the... Continue Reading →

RULE AGAINST DOUBLE JEOPARDY

As per Constitution of India, Article 20 states that, No person can be prosecuted and punished for the same offence more than once. However if a person has been let off after prosecution i.e he has been acquitted, without being punished, he can be prosecuted again. Section 300 of Criminal Procedure Code, which provides protection... Continue Reading →

DEFECT IN GOODS AND DEFICIENCY IN SERVICES

Goods – The term goods which includes all materials, commodities and articles with it, the implication that the materials, commodities etc., are for purposes of trade. Goods have essentially commercial character. To become goods an article must be something which can ordinarily come to the market to be bought and sold. The word goods, in... Continue Reading →

THE PREAMBLE

Preamble is a brief introductory statement that conveys the guiding principles of the document. It is like an introduction or preface of a book. As an introduction, it is not a part of the contents but it explains the purposes and objectives with which the document has been written. So is the case with the... Continue Reading →

INDIA COOLING ACTION PLAN (ICAP)

The Union Ministry of Environment, Forest and Climate Change has released the Indian Cooling Action Plan (ICAP). India has one of the lowest access to cooling across the world, which is reflected in its low per capita levels of energy consumption for space cooling, at 67 kWh, as compared to the world average of 272... Continue Reading →

MALICIOUS FALSEHOOD

Falsehood means necessarily the violation of truth for the purpose of deceit. False means erroneous, untrue, the contrary of correct. The term false does not necessarily involve turpitude of mind. In the more important uses in jurisprudence the word force implies something more than a mere untruth, it is an untruth coupled with a lying... Continue Reading →

NUISANCE

The term Nuisance has been derived from the Latin term nocere or nocumentum and the French word nuire. Which means to do harm or to annoy. The term nuisance literally means annoyance, anything which works hurt, inconvenience or damage or which essentially interfere with the enjoyment of life or property. Ordinarily nuisance means disturbances. But... Continue Reading →

CONSUMERISM

Consumer is the person who purchases the goods and services for his self-consumption including the use of the goods for his self occupation. Consumerism means the welfare of the consumers by safeguarding their rights by giving required protection to them from restrictive trade practices and unfair trade practices, and also from the goods/Services injurious to... Continue Reading →

AGENDA 21

Agenda 21 is a discretional action plan developed by the United Nations and national governments at the Earth Summit in Rio de Janeiro, Brazil, in 1992. It is not a binding, discretional implemented action plan of the United Nations with reference to sustainable development. It is an action agenda for the United Nations, other multilateral... Continue Reading →

ESSENTIALS OF TORTS

The term tort has been explained in the Chambers Dictionary, Tort is any wrong or injury not arising out of contract for which there is the remedy by compensation or damages. According to Ratan Lal and Dhiraj Lal in their book the Law of Torts, a tort means, a civil wrong independent of a contract... Continue Reading →

DOWER A CONSIDERATION OR TOKEN OF RESPECT FROM HUSBAND TO THE WIFE?

MEANING OF DOWER Dower is an obligation imposed upon the husband as a mark of respect for the wife. According to Mulla, a dower is a sum of money or other property which the wife is entitled to receive from her husband in consideration of marriage.[1] Dower when fixed by mutual consent after the marriage... Continue Reading →

FELONIOUS TORTS

Faeser defines tort as “Tort is an infringement of a right in rem of a private individual giving of compensation at the suit of the injured party”. A crime is an invasion of public rights and duties affecting the whole society or community. Felony means a crime of any kind which is legally graver than... Continue Reading →

WHAT ARE GI TAGS?

INTRODUCTION A GI or Geographical Indications is a sign used on the products which have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place. In addition, the qualities, characteristics... Continue Reading →

BAILMENT

The term ‘bailment’, is derived from ‘Bailler’, a French word that means ‘to deliver’. A bailment relationship occurs when goods are given to another party for a specific purpose on the condition that the goods are returned to the owner, dealt with according to the owner's instructions, or it is kept until the goods are... Continue Reading →

HELPING HAND OF CIRP TO BHUSHAN STEEL

HISTORICAL BACKGROUND OF BHUSHAN STEEL Brij Bhushan Singhal started Bhushan steel in 1987, by acquiring a steel plant which was struggling to survive. He entered into the steel business along with his sons Neeraj and Sanjay, bringing the old steel plant to life. The company focused on the production of secondary steel, and its customers... Continue Reading →

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