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Minimum Mandatory Sentences in India

Mandatory sentences and minimum mandatory sentences as punishment in law has been commonly prescribed by the legislatures worldwide.

INSOLVENCY LAW PREVAILS OVER ADMIRALTY LAW

Insolvency law prevails over Admiralty law: A compromised solution to save maritime claims. By Gaurav Srivastav, S.k. Srivastav & Co (India) Introduction: The Bombay High Court passed a judgment, Raj Shipping Agencies v. Barge Madhwa, 2020 SCC OnLine Bom 651 on 19/5/2020, when it was called upon to answer two issues one of which was [...]

IMPACT OF CONTRACTS ON COVID-19

The onset of COVID -19 has made it increasingly difficult for individuals as well as Companies to honour their Commercial obligations. The Question how would a pandemic such as COVID -19 affect existing Contracts. One contractual provision that comes to my mind is Force Majeure. Force Majeure is a clause which enables a party to [...]

PLEA OF ADVERSE POSSESSION IN INDIA: SWORD AS WELL AS SHEILD

HISTORICAL BACKGROUND The concept of adverse possession is historically an old concept of law, which is useful but often criticised concept on the ground that it protects and confers right upon wrongdoers. The concept of adverse possession appeared in the Code of Hammurabi Approximately 2000 years before Chirst Era. Law 30 contained a provision ‘If [...]

SCOPE OF JURISDICTION OF NCLT AS COMPARED TO DRT AND HIGH COURT AND OUSTER OF THEIR JURISDICTION

In the case of Embassy Property Developments (Private) Limited v. State of Karnataka and Others 2019 SCC OnLine SC 1542 (decided on December 3, 2019), the Supreme Court of India has outlined the scope of jurisdiction of NCLT and intervention by High Courts in cases of orders passed by National Company Law Tribunal (“NCLT”). Two seminal questions of [...]