No offence u/s 138 of N.I. Act is committed for dishonour of cheque given as security deposit

Security cheque and offence under 138 NI act NI 138 Quashing How your Security cheque can save you from cheque bouncing offence under NI 138 Is it cheating? Judgment IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Joseph Vilangadan. v. Phenomenal Health Care Services Ltd. & Anr. CRIMINAL WRIT PETITION NO.2243 OF […]

An overview of a Rape Trial

We all know recently the rape incident happened in Delhi which had shaken the conscience of the whole nation yes the Nirbhaya case which outraged the people and the society as a whole and which directed the legislature to look into the laws related to sexual offences. But here we are looking at the procedure […]

Why Emergence of social media has made IT act obsolete?

The IT act came into existence to protect the users from the crime related to electronic space, we know that India is a IT hub and a largest democratic country, That’s why we need IT laws .But Laws don’t keep pace with technology. And at one point of time the technology surpasses and comes above […]

THE ART OF CROSS EXAMINATION

Cross Examination-: Cross examination is a part of the trial process in which the witness called by the one’s opponent is examined. AN INTRODUCTION TO CROSS-EXAMINATION Purposes of Cross-Examination The first decision to make is whether you should even cross-examine a witness. In order to make that decision, you must know what you want to […]

SUPREME COURT: CAN’T SUE LAWYERS FOR WRONG ADVICE

At a time when it is the norm to seek legal opinion prior to taking a decision, theSupreme Court has come to the rescue oflawyers by ruling that they cannot be prosecuted for rendering wrong advice if there is no link between them and perpetrators of a fraud or offence. But the court said the advocate’s opinion […]

CONCEPT OF ESTOPPEL

1.0 INTRODUCTION  All of us know what estoppel is. I first heard about it when I was reading section 28 of the Partnership Act, 1932 which provides that a person holding out to an outsider providing credit to the firm is estopped from pleading that he is not a partner when circumstances indicated that he so […]

Dowry Death and Indian Families.

Dowry Death and Indian Families.     In today Indian society dowry is like a norm, we see that people spend lavishly on marriages. The root cause of the problem starts from here, The parents of the bride fulfil all the wishes of groom’s family like spending lavishly on wedding, gifting cars etc. when the […]

MISUSE OF DOMESTIC VIOLENCE ACT

  The domestic violence act hereinafter referred as dv act which was incorporated in the year 2005, The main purpose of this act is to prevent woman only woman from domestic violence, from the bare reading of the definition of the act we can see that the term “aggrieved person” includes only women, means only […]

THE 40TH YEAR OF KESHAVNAND BHARTI JUDGEMENT

    Since the inception of our constitution there have been doubts, vagueness about various provisions which are embodied in our constitution and supreme court has played a very significant role in interpreting these vague provisions and filling the void. And one of the most controversial provision was amendment of the constitution. The Amendment of […]

THE CRITICAL ANALYSIS OF NOVARTIS V CIPLA CASE VERDICT BY SUPREME COURT.

The Critical Analysis of Novartis V Cipla Case Verdict by Supreme Court. In a landmark judgment that has the potential to change the direction of India’s pharmaceutical business, The Supreme Court denied that the drug Glivec  manufactured by the pharma giant Novartis is qualified for getting patent in India. A Brief about the Facts in Issue […]