Tag: law
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Article 227 and Arbitration Disputes: Judicial Limits in Commercial Contexts
Article 227 of the Indian Constitution grants High Courts the power of superintendence over all courts and tribunals within their jurisdiction. This includes the authority to intervene in arbitration matters. However, its application in commercial disputes requires careful consideration to maintain the balance between judicial oversight and the autonomy of arbitration. What is Article 227? …
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Defamatory Posts on Social Media Amount to “Cyber Defamation” U/S 356 BNS
In today’s world, social media has become an essential tool for communication. With millions of users across various platforms, it has made sharing ideas, thoughts, and information easier than ever before. However, this easy access to a global audience has also led to a rise in harmful practices such as spreading defamatory content. Cyber defamation…
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Supreme Court on Misuse of Rape Laws: Key Observations and Implications
Rape laws in India aim to protect individuals, especially women, from sexual violence by ensuring justice for survivors and deterring offenders. Over time, these laws have become more inclusive and survivor-focused. However, instances of misuse have emerged, harming the accused and undermining the credibility of genuine survivors. The Supreme Court has emphasized a balanced approach,…
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Expedited Forfeiture and Attachment of “Proceeds of Crime” u/s 107 of BNSS
Section 107 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, establishes a robust framework to combat the use of criminal proceeds. It empowers courts to attach, forfeit, and distribute property believed to have been derived from criminal activities. This provision addresses procedural gaps in previous laws by enabling swift action during investigations while balancing due…
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Corporate Governance forms Pillars of Transparency and Accountability
Corporate governance is a key factor in shaping the ethical standards and success of companies worldwide. In India, the approach to corporate governance has evolved, aiming to meet global standards for transparency, accountability, and ethical responsibility. This article explores corporate governance in India, focusing on its core principles, key components, recent developments, and the ethical…
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India’s Position on Model Law for Cross-BorderInsolvency
The global nature of modern commerce necessitates efficient legal frameworks to address insolvency cases that span multiple jurisdictions. India, with its growing economy and integration into the global market, has recognized the importance of adopting robust mechanisms for cross-border insolvency. The United Nations Commission on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency serves…
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Supreme Court Nullifies NCLAT’s Decision to Close Insolvency Case Against Byju’s on Settlement Grounds
The Supreme Court of India has delivered a pivotal judgment in GLAS Trust Company LLC vs. BYJU Raveendran & Ors.1 against edtech giant Byju’s, reopening insolvency proceedings previously halted by a settlement with the Board of Control for Cricket in India (BCCI). This case, involving ₹158 crore in unpaid dues, is not just about the…
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Understanding the Doctrine of Corporate Veil: Protection or Loophole?
The Doctrine of Corporate Veil separates a company’s legal identity from that of its shareholders. It protects individuals from personal liability for the company’s actions, limiting exposure to the extent of their investment. However, this protection is not absolute, and Indian courts have often intervened when the doctrine is misused. The real question is: does…
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Recent Changes and Developments in the Indian Arbitration Scenario
The Arbitration and Conciliation Act, 1996 (the “1996 Act”), which became effective on January 25, 1996, was enacted to establish a comprehensive legislative framework for international commercial arbitration, domestic arbitration, and the enforcement of foreign arbitral awards. The 1996 Act draws its foundations from the UNCITRAL Model Law on International Commercial Arbitration, which was adopted…
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