Place of institution of a contract As per sec.4 of Indian Contracts Act 1872, until and unless the acceptance of the offer made, is duly communicated to the offeror, a contract cannot come into force. In the case Bhagwandas Gowedhandas Kedia v. Girdharilal Parshottamdas and Co. and Others, the defendant- Girdharilal Parshottamdas and co failed…
View detailsIntroduction Laws against insider trading primarily deal with matters where a connected person or an insider has communicated price sensitive information, based on which securities have been traded. The SEBI (Prohibition of Insider Trading) Regulations deals with offences of insider trading in India. It lays down definitions as well as the course of action in…
View detailsBalancing rights International trade and global public health are intricately linked with each other. Studies have shown that free and fair trade if coupled with sound public health policies can better achieve global public health goals. The wake of the COVID-19 pandemic demands this sound collaboration where the world stands affront challenging circumstances, as such,…
View detailsThe concept of consideration categorizes as a benefit that is bargained between the parties. It is a very important ingredient to form a valid contract. Consideration holds value and is paid to the party on the performance of the contract, and consideration can be of a variety of forms, it can form an act, promise,…
View detailsSection 6 (3) of the Income Tax Act 1961 (“act”) states that a company would be considered a resident of India if it is incorporated in India or its place of effective management in that particular year is India.[1]Previously, the term Place of Effective Management (POEM) did not exist, it was brought forth in the…
View detailsIn my opinion, both Kelsen’s and Austin’s theories have certain drawbacks. Although both theorists have taken a scientific approach of law to get universal application yet, there exists a vast difference in the path taken by them. Under Austin’s theory, the sovereign was the political superior as well as the primary source of law. Even…
View detailsIn the preface to ‘Beyond Accommodation’, Drucella Cornell[1] claims feminism to be nothing but a dream. She does so within the context of intersection between religion and the existence of feminism in the public sphere. Similarly, Margaret Davies’s anti-manifesto namely ‘Law and Religion in Public Life’[2], discusses the intersection between women’s rights, law, religion and their existence in…
View detailsJUDGES 1. S Ravindra Bhat 2. M.R. Shah 3. Vineet Saran 4. Indira Banerjee 5. Arun Mishra CASE-NUMBER – SLP (C) 9036-9038/2016 [Diary No. 8700/2016] CITATION – [2020] 8 SCC 129 ISSUES 1. Can a Supreme Court decision on a question of law be overruled by a subsequent Supreme Court bench of the same strength? Or does…
View detailsCITATION – [2020] 10 SCC 274 JUDGES 1) Rohinton Fali Nariman, 2) Aniruddha Bose 3) V. Ramasubramanian BACKGROUND Reserve Bank of India (RBI) issued a circular dated 6th april,2018. The circular do prohibits the bank and other entities too from trading in virtual currencies. Moreover the circular do barred the banks to provide any kind of services…
View detailsAccording to Section 9 (1)(i) of the Income Tax Act of 1961, “all income accruing or arising, whether directly or indirectly, through or from any business connection in India, or through or from any property in India, or through or from any asset or source of income in India or through the transfer of a capital…
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