Month: March 2021

Introduction Indemnity and Guarantee are both a means of compensation and they both are formulated on similar principles such as matters of good faith, unjust enrichment, etc.[i] In spite of the formulation on a similar set of principles, there are several issues and technicalities on which the concept indemnity and guarantee differ. Through this article,

The Sale of goods Act, 1930 (hereinafter mentioned because the “Act”) defines an unpaid seller as a seller that has not been paid the total price of the products that are sold or that has received a bill of exchange or other instrument as conditional payment, and therefore the condition on which it had been

INTRODUCTION Through this article author has attempted to elucidate the concept of “an invitation to offer”. Having said that, certain transactions have an added preliminary stage whereby one party to the agreement invites another party to make an offer and such a process is known as “invitation to treat”. At times, parties might confuse an

How is Freedom of Speech dependent on the Restriction of Speech? Freedom of speech and expression granted by Article 19(1) of the Constitution of India is not absolute, and is subject to the certain restrictions. Freedom of speech is one of the fundamental rights of Indian citizen and is in popular discussion at present. The

ITAT Quashes Merely based on SEBI’s Interim Order The Income Tax Appellate Tribunal, (ITAT) Delhi Bench, on 19 March 2021, in the case titled Shri Tapas Kumar Mallick (Appellant) v. The ACIT (Respondent) has quashed an assessment which was merely based on Interim order from Securities Exchange Board of India (SEBI). The ITAT Judicial Member

Lorenzo’s Oil, a fantastic 1992 movie on a child with a rare disease and the lengths his parents go to find a treatment for him – based on a true story. Through a series of directions issued in an order on 23rd March, Justice Prathiba M. Singh of the Delhi High Court may have finally

Rahul Guptan to join White & Case Clifford Chance Singapore capital markets and India group partner Rahul Guptan is set to join White & Case, according to two sources with knowledge of his move. We understand He has announced his departure from Clifford Chance only recently, so there may be some notice periods to contend

The Hon’ble Kerala HC pronounced the judgment in the open court stating that “a divorced wife would not be entitled to the right of residence conferred under Section 17 of the Protection of Women from Domestic Violence Act, 2005.  The Hon’ble Division Bench held that the right of residence is available only to a woman

Supreme Court: NCLT has Jurisdiction Only to Disapprove Resolution Plan Approved by Committee of Creditor under IBC The Supreme Court (SC) in the case titled Jaypee Kensington Boulevard Apartments Welfare Association & Ors. (Appellants) v. NBCC (India) Limited & Ors. (Respondents) held that if the National Company Law Tribunal (NCLT) i.e. the Adjudicating Authority finds

The Supreme Court has said that in cases of corruption, separate/open investigation is permissible in the pre-registration phase. In this case, the High Court rejected the application challenging the notice issued to the appellant by the Police Inspector of Anti-Corruption Bureau, Nagpur. In connection with the investigation of allegations of accruing assets from known sources