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Advocate Sushila

SUPREME COURT REITERATES THAT STANDARDS OF PROOF IN CIVIL AND CRIMINAL PROCEEDINGS ARE DIFFERENT

Advocate Sushila Ram  |  15 Sep 2020
SUPREME COURT REITERATES THAT STANDARDS OF PROOF IN CIVIL AND CRIMINAL PROCEEDINGS ARE DIFFERENT

The Supreme Court has in a recent case of Pravin Kumar vs Union of India and others, passed a Judgment dated 10-09-2020 and reiterated that the #standards of #proof in #civil and #criminal #proceedings may be different from each other.…

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Harita

POLICE BRUTALITY LEADS TO VIOLATION OF HUMAN RIGHTS

Harita Mehta  |  15 Sep 2020
POLICE BRUTALITY LEADS TO VIOLATION OF HUMAN RIGHTS

A duty of a police man is one of the most important functions, not only in India but across the world. A police officer is made to take an oath on the first day of joining to protect the country…

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Harita

Landscapes of Fear: Understanding Impunity in India

Harita Mehta  |  12 Sep 2020
Landscapes of Fear: Understanding Impunity in India

Introduction In today's times, discussing human rights feels excellent as long as we foreground how we can secure what needs the most protection: our lives and our dignity. Tolerating that we experience in daily life where most human rights get disregarded…

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Advocate Sushila

HOW TO WRITE A BREACH OF CONTRACT CLAUSE

Advocate Sushila Ram  |  12 Sep 2020
HOW TO WRITE A BREACH OF CONTRACT CLAUSE

Contracts — legally-binding agreements between people or business entities — serve as the foundation of business as well as many social interactions. There is a well-established body of law regarding the creation and enforcement of contracts. For example, when one…

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Advocate Sushila

BRIEF UPDATE: ACCUSED CANNOT BE ACQUITTED MERELY BECAUSE INVESTIGATING OFFICER IS THE COMPLAINANT

Advocate Sushila Ram  |  10 Sep 2020
BRIEF UPDATE: ACCUSED CANNOT BE ACQUITTED MERELY BECAUSE INVESTIGATING OFFICER IS THE COMPLAINANT

The Supreme Court has in a recent matter of Mukesh Singh vs State (Narcotic Branch of Delhi) passed a Judgment dated 31-08-2020 and made the following observations regarding whether the accused is entitled to acquittal merely on the ground that…

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Harita

GRANTING OF BAIL UNDER TERROR CASES

Harita Mehta  |  9 Sep 2020
GRANTING OF BAIL UNDER TERROR CASES

Introduction“Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.” To analyse the essence of the above statement, let us focus on the regular bail provisions in the UAPA.The UAPA didn't cover acts…

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Prarthana

Prashant Bhushan Contempt of Court Judgement

Prarthana Kumari  |  9 Sep 2020
Prashant Bhushan Contempt of Court Judgement

Recently, in Prashant Bhushan Contempt of Court case, the Supreme Court of India has held the senior advocate Prashant Bhushan as guilty of Contempt of Court for condemning the judiciary in his two tweets. In Bhushan’s first tweet, he gave…

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Advocate Sushila

NOTIFICATION MUST BE CLARIFICATORY OR CURATIVE IN NATURE TO APPLY RETROSPECTIVELY

Advocate Sushila Ram  |  7 Sep 2020
NOTIFICATION MUST BE CLARIFICATORY OR CURATIVE IN NATURE TO APPLY RETROSPECTIVELY

In the case of M/s. L. R. Brothers Indo Flora Ltd. v. Commissioner of Central Excise (Civil Appeal No. 7157 of 2008), the Hon’ble Supreme Court of India, vide Judgment dated 01.09.2020 held that for a #notification to apply #retrospectively,…

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Advocate Sushila

SUPREME COURT HOLDS THAT LEVY OF DUTY AGAINST ANTI-DUMPING IS ONLY FOR A LIMITED PERIOD OF TIME

Advocate Sushila Ram  |  7 Sep 2020
SUPREME COURT HOLDS THAT LEVY OF DUTY AGAINST ANTI-DUMPING IS ONLY FOR A LIMITED PERIOD OF TIME

A Three Judge Bench of the #SupremeCourt comprising of Justices Arun Mishra, Vineet Saran and S. Ravindra Bhat passed a Judgment dated September 1, 2020 in the case of The Designated Authority & Ors. v. M/S The Andhra Petrochemicals Limited…

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Advocate Sushila

SUPREME COURT REITERATES THAT CORPORATE DEBTOR CANNOT RAISE DISPUTE AFTER COMMITTEE OF CREDITORS APPROVE RESOLUTION PLAN

Advocate Sushila Ram  |  5 Sep 2020
SUPREME COURT REITERATES THAT CORPORATE DEBTOR CANNOT RAISE DISPUTE AFTER COMMITTEE OF CREDITORS APPROVE RESOLUTION PLAN

The Supreme Court has in a recent case of Karad Urban Cooperative Bank Ltd vs Swwapnil Bhingardevay and Others passed a Judgment dated 04-09-2020 and reiterated that once the #committeeofcreditors have approved a #resolutionplan, the #corporatedebtor cannot raise dispute/issue in…

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