Legal Practice

In this section, blogs on law are consolidated.

Trade Union is an operational creditor and can file insolvency application for payment of workmen dues.

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The Hon’ble Supreme court made it clear that the trade union represents its members who are workers, to whom dues may be owed by the employer, which are certainly debts owed for services rendered by each individual workman, who are collectively represented by the trade union. As such, a joint petition could be filed under Rule 6 read with Form 5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, with authority from several workmen to one of them to file such petition on behalf of all.

Recomputation of the consignment value by authorities of imported goods: the burden of proof and enquiry.

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when there is a dispute between the customs authorities and the importer as regards the valuation of the imported goods, on satisfaction of the conditions enumerated in sub-section (1), the authorities should make provisional assessment of customs duty under Section 18 of the Act. This expedites clearance, pending final adjudication on merits which may take time. This is also the mandate of the Board Circular No.38/2016 dated 22nd August, 2016. Any insistence and compulsion by the authorities that the importer should disclaim and forgo his statutory right under Section 18 of the Act would not be correct. Neither would it be right to reject the valuation as declared by the importer without reasonable doubt for certain reasons.

Can Second Co-Owner Vote & Contest in Elections of AOA?

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A co-owner has right to cast vote and contest for the post in the board of management if remaining co-owner(s) have no objection, either expressly or impliedly. It is immaterial whether the name of the co-owners is mentioned at first, second or at any serial in the list of owners in the conveyance deed.

Restitutio in integrum: The principle for granting compensation.

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restitutio in integrum.  The said principle of granting compensation. The Hon’ble Supreme while holding the surgeon negligent of operating a 15-year-old boy with only 35000 platelets fixed the vicarious liability upon the concerned hospital and awarded compensation to the family by relying upon precedents of the Hon’ble court pertaining to the calculation of compensation. The … Read more

The amount of interest is compensation to the beneficiary.

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he Section 71 of the Real Estate (Regulation & Development) Act 2016 empowers only the adjudicating officers to award compensation. As per the rulings of the Hon’ble Supreme Court, interest and damages is also compensation. Hence, those complaints which are filed under section 31 of the RERA Act, 2016 demanding refund plus interest should only be adjudicated by the Adjudicating Officers and not by the Chairperson and members of the RERA. The refund plus interest orders passed by the RERA so far are without jurisdiction hence, null and void.

The right to form an Association is conditioned by recognition by the Government

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Constitution   Bench of   Supreme Court of India   in  Smt. Damyanti   Naranga   Vs.   The   Union   of   India   and   Ors.  (1971) 1 SCC 678 , which had approved the exposition in G.K. Ghose and Anr. Vs. E.X. Joseph (1963) Supp. 3 SCR 789 had held that … Read more

Insurance Company must give cogent reasons without which it is not free to appoint the second Surveyor

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Insurance Company has an inherent right to appoint Surveyor to assess insurance claims but such right can be exercised for valid reasons or if the report is found to be arbitrary and that Insurance Company must give cogent reasons without which it is not free to appoint the second Surveyor.

The second appeal shall be heard ONLY on the substantial question(s) of law framed by the High Court under Section 100 (4) of the CPC.

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This post explains a key principle under Section 100 CPC: a second appeal can be heard only on the substantial questions of law framed by the High Court. Through the Supreme Court’s ruling in Ranjit Kumar Karmakar v. Hari Shankar Das, the article highlights why High Courts must confine themselves strictly to the framed questions and cannot re-appreciate facts like a first appellate court.

Magistrate suo-moto cannot pass an order for further investigation in a criminal case.

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Supreme Court ruling: Magistrate cannot suo motu order further investigation after discharge – Bikash Ranjan Rout judgment visual.

This article provides the Supreme Court’s ruling in Bikash Ranjan Rout v. State (NCT of Delhi), where the Court held that a Magistrate cannot suo motu order further investigation after discharging an accused. The judgment clarifies the limits of a Magistrate’s powers post-cognizance, distinguishes between pre- and post-cognizance stages, and reaffirms that only the investigating agency may seek permission for further investigation under Section 173(8) CrPC.

India’s Electric Vehicle/ Mobility Policies & it’s Future: A Brief

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The initiation of Electric vehicles in India was made by the Government in the year 2013 by the introduction of the National Electric Mobility Mission Plan (NEMMP) 2020. On February 28, 2019, FAME-II was cleared by the Union Cabinet with the total outlay of Rs. 10,000 (ten thousand) crores. The article discusses is a brief introduction on the policy concerning the electric vehicles in India.

Fiduciary Relationship in Real Estate Transactions.

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When a real estate agent or broker acts in an agency capacity for a buyer or seller client in a transaction, the agent or broker functions under certain legally mandated duties called fiduciary duties, acting in the best interests of the client. Such duties are regulated in some cases and sometimes not.

The Aadhar ordinance2019, privacy and remedies available in violation thereof.

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Through this article we discuss the effect of Aadhar ordinance 2019, use of same by private entities, whether it violates ratio laid in the the landmark judgment of Justice K.S. Puttaswamy (Retired) v Union of India and if your privacy is violated then what are the remedies under the law.