INTRODUCTIONThere are various levels of judiciary in India – different types of courts, each with varyingpowers depending on the tier and jurisdiction bestowed upon them. They form a strict hierarchy of importance, in line with the order of the courts in which they sit, with the Supreme Court of India at the top, followed by…
Meaning:According to Sec. 5 of the Banking Regulation Act, 1949, a banking company means the accepting, for the purpose of lending or investment, of deposits of money from the public, repayable on demand or otherwise and withdrawn by Cheque, Draft, Order, or otherwise. In short, a banking company means and includes any company which carries…
Law in laymen’s understanding is specific and defined by a rule book, leaving no scope presumptions or discretion. Oxford Advanced Learner’s Dictionary defines presumption as ‘something that is thought to be true or probable.’ The word ‘thought’ adds to it the element of subjectivity which leaves a capacity for it to be questioned. Whereas in…
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…
Introduction 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…
Balancing 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,…
The 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,…
Section 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…
In 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…
In 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…
