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201.
NCLT and NCLAT constituted and CLB being dissolved
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(Blog: Corporate law)
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... per section 466 of the Companies Act 2013.
Per media reports,
NCLAT Chairperson:- Justice SJ Mukhopadhaya, Judge (Retired), Supreme Court of India
NCLT President:- Justice MM Kumar, Judge ...
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Created on 02 June 2016
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202.
Jural values running riot: The strange case of Ambika Prasad Mishra vs State of UP
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(Blog: Constitutional Law)
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... the years, we have come to think of the Supreme Court as an “activist Court”. Perhaps it is time for a more honest re-assessment: “activist on most things, pragmatic on civil rights,” First published ...
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Created on 02 June 2016
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203.
A Question of Sources
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(Blog: Constitutional Law)
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In a recent judgment dealing with the Domestic Violence Act, the Supreme Court, while dealing with the concept of stridhan, observed: “The next issue that arises for consideration is the issue of limitation. ...
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Created on 27 May 2016
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204.
Subramanian Swamy v. UoI: Unanswered Arguments
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(Blog: Technology, Media & Telecommunications)
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By Anna Liz Thomas A lot has been made of the Supreme Court’s ruling in Subramanian Swamy v. Union of India, finding criminal defamation laws in India, encapsulated in sections 499 and 500 of the IPC ...
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Created on 27 May 2016
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205.
CCG analyses on the Criminal Defamation ruling
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(Blog: Technology, Media & Telecommunications)
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Since the Supreme Court’s May 13th ruling on the constitutionality of criminal defamation laws in India, CCG has come out with two op-eds on the shortcomings of the judgment. In today’s Indian Express, ...
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Created on 25 May 2016
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206.
President issues ordinances to partly nullify Supreme Court’s NEET orders [Read Ordinances]
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(Blog: Litigation, arbitration & dispute resolution)
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President of India has issued ordinances partly nullifying the orders of the Supreme Court of India regarding NEET exam for entrance to medical and dental colleges.
The ordinances amend the Indian ...
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Created on 24 May 2016
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207.
Journey of Aadhaar
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(Blog: Technology, Media & Telecommunications)
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... K.S. Puttaswamy, former Karnataka High Court Judge, filed a petition (W.P.(C) 494/2012) before the Supreme Court contending that Aadhaar does not have any statutory basis, and moreover violates fundamental ...
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Created on 21 May 2016
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208.
Open letter to the Times Group re Justice Gita Mittal: When will you ever learn?
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(Blog: News and current affairs)
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... former Supreme Court Justice P.B. Sawant’s photograph as an accused in a provident fund on September 10, 2008. (http://indiatoday.intoday.in/story/times-now-defamation-case-rs-100-cr-fine-justice-sawant/1/161563.html). ...
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Created on 20 May 2016
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209.
The “Balancing” Test and Its Discontents
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(Blog: Constitutional Law)
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At the heart of the Supreme Court’s upholding of criminal defamation is the argument that the right to freedom of speech under Article 19(1)(a) must be “balanced” against the right to “reputation” under ...
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Created on 20 May 2016
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210.
NLSTIAM 2016: Arbitration Moot Live Blog!
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(Blog: Mooting Premier League)
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... Whether or not there is bad faith. We hope she can argue the Claimant case as persuasively as her predecessor.
07:05- The Claimant is using the wording of the Arbitration clause coupled with the Supreme ...
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Created on 19 May 2016
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211.
Vicarious liability of director of a company in an offence under section 138 of the Negotiable Instruments Act 1881 – The Present Position
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(Blog: Analysis)
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... Supreme Court in Aneeta Hada v. Godfather Travels and Tours Private Limited[1] wherein it has been held that when the Company can be prosecuted, then only the persons mentioned in the other categories ...
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Created on 19 May 2016
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212.
Supreme Court Undermines Sanctity of Bank Guarantees
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(Blog: Analysis)
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The state of commercial law in India is in doldrums. This is exemplified by a recent decision of the Supreme Court in Gangotri Enterprises v. Union of India (Civil Appeal No. 4814/2016 dt. 05.05.2016) ...
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Created on 19 May 2016
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213.
Why the Supreme Court’s Criminal Defamation Judgment is Per Incuriam
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(Blog: Constitutional Law)
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... Maharashtra, the Supreme Court expanded the definition of per incuriam, noting that: “It cannot be over-emphasised that the discipline demanded by a precedent or the disqualification or diminution of a ...
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Created on 18 May 2016
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214.
Glimpse of the Insolvency and Bankruptcy Code 2016
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(Blog: Corporate law)
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... to be setup under the Companies Act 2013. However, the same is pending due to certain amendments to be brought in the Act (pursuant to Judgement of the Supreme Court), which is brought to Parliament by ...
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Created on 18 May 2016
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215.
The Uttarakhand Incident: Thinking through the Anti-Defection Law
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(Blog: Constitutional Law)
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... from voting against it on any legislative matter where the party chooses to issue a whip. The anti-defection law was at the forefront of a recent Supreme Court ruling over President’s Rule in the state ...
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Created on 16 May 2016
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216.
The Supreme Court’s Criminal Defamation Judgment: Glaringly Flawed
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(Blog: Constitutional Law)
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In a judgment delivered today, a two judge bench of the Supreme Court rejected the constitutional challenge to criminal defamation, and upheld the validity of Sections 499 and 500 of the Indian Penal Code. ...
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Created on 13 May 2016
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217.
Supreme Court finds Criminal Defamation Constitutional
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(Blog: Technology, Media & Telecommunications)
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Today, a two-judge bench of the Supreme Court found criminal defamation as constitutionally valid. Recall that the Supreme Court had reserved judgment in this matter in August last year after extensive ...
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Created on 13 May 2016
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218.
Supreme Court to pronounce judgment on Criminal Defamation tomorrow
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(Blog: Technology, Media & Telecommunications)
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A Supreme Court bench of Justices Dipak Misra and Prafulla Pant is hearing a set of at least thirty petitions challenging the constitutional validity of criminal defamation (Sections 499 and 500 of IPC ...
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Created on 12 May 2016
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219.
Today: The Supreme Court’s nod to structural discrimination (in the Spice Jet de-boarding)
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(Blog: Constitutional Law)
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In a judgment handed down today, the Supreme Court held that the de-boarding of a disabled passenger from a Spice Jet airplane was illegal and violated her rights. It also issued some guidelines with ...
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Created on 12 May 2016
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220.
Symposium Alert: 9th Annual NLSIR Symposium 2015-16 – Goods and Services Tax: The Changing Face of Fiscal Federalism in India
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(Blog: Analysis)
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... Rao (Member, Fourteenth Finance Commission), Mr. N. Venkataraman (Senior Advocate, Supreme Court of India), Mr. Upendra Gupta (Additional Commissioner Member, CBEC (GST Cell)), Mr. Sudhir Krishnaswamy ...
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Created on 12 May 2016