Bikram Chaudhuri (Partner and Head of Litigation & Dispute Resolution Abhay Nevagi & Associates, Advocates) Who among us has not been entranced by the drama and intrigue of a legal trial? The annals of legal literature, both fictional and historical, have highlighted countless lawyers whos...
Blogs by Abhay Nevagi & Associates
India has an estimated 426 million Internet users, a number that is estimated to grow to approx. 515 million by the mid of 2017, giving it the second-largest online user base in the world after China. Despite this impressive number, only a third of India’s 1.25 billion citizens have Internet access....
In a welcome move, as per Notification No.FEMA.368/2016-RB dated 20-May-2016 the Reserve Bank of India has now allowed payment of consideration in of share transfer/purchase transaction between resident buyer and a non-resident seller or vice-versa on deferred basis. Deferred consideration shall not...
Section 63 of the Maharashtra Tenancy and Agricultural Lands Act (for short “MTAL” or “the Act”) barred transfer of Agricultural lands to Non-Agriculturist without the permission of the Collector or Officer authorized by the State Government. By Maharashtra Act No.1 of 2016 w.e.f. 01/01/2016 Section...
The Insolvency And Bankruptcy Code, 2016 has received the assent of the President on 28 th May, 2016 and is published in the Official Gazette on 28 th May 2016. Readers can read and download a copy of the Insolvency And Bankruptcy Code, 2016 here . By Dhanesh RALE, Partner, Abhay Nevagi & Assoc...
Section 138 of the Negotiable Instruments Act, 1881(for short “NI Act” or “the said Act”) makes dishonor of cheques for insufficiency of funds in the account a criminal offence. Section 141 of the said Act, in case of offence by Company, provides for vicarious liability on every person who, at the t...
T.S.Eliot said: “Immature poets imitate, mature poets steal. Bad poets deface what they take from great poets and transform it into something better, or at least different”. There is a very thin line between inspired or copied material**. Inspiration works only if, eventually, something totally new ...
Preface: Arbitration has increasingly become a preferred option to settle commercial disputes globally as well as in India. Provisions relating to settlement of dispute by way of arbitration in India are contained in the Arbitration and Conciliation Act, 1996 (“Act”). It was high time that urgent st...
FIVE SIGNIFICANT JUDGMENTS OF 2015 Limitation to be decided by the Court as preliminary issue under Section 9-A of CPC While discussing the ambit of Section 9A of the Code of Civil Procedure (CPC) (as amended by Maharashtra Amendment Act) in deciding the issue of jurisdiction of the court, the Supre...
The Apex Court has reiterated an existing principle of law in Criminal Appeal No. 1525 OF 2015, Shamser Singh Verma v/s State of Haryana that oral, conversations recorded on compact discs are to be considered as documents u/s 294 of CrPC and accordingly can be admitted or denied. A bench of the Apex...
The Supreme Court in State of Punjab vs Rafiq Masih (White Washer ) AIR 2015 SC 696 addressed issues regarding recovery of wages when paid in excess to employees by the employer. In this case, the Respondent-employees were given an excess monetary benefit than they were entitled due to the oversight...
The Hon’ble Supreme Court has recently passed a judgment in respect of whether the amendment of 2005 to the Hindu Succession Act (“The Amendment Act”) is prospective or retrospective. It has passed the said judgment in a bunch of Petitions on 16 th October 2015. The Judgment is passed by the Bench o...
Marriage in the Indian society has been considered as a sacred bond since the Vedic period. This concept of matrimony has continuously evolved with time. With the ever-changing society and human psychology, the concept of marriage and relationship has also evolved. The upcoming generations are consi...
WHAT IS INFORMATION SECURITY? Information Security is a process that protects the information, intellectual property and resources generated or managed by an organisation. An Information Security Management System (ISMS) ensures stability and protection of information by preventing the occurrence an...
ISO and ANA Recently Abhay Nevagi & Associates, Advocates (hence ANA) has become the only the Second law firm in India to become ISO certified for Quality Management Systems (9001:2008) and Information Securities Management Systems (27001:2013). Initially everyone was circumspect. As the ISO pr...
The Hon’ble Bombay High Court in a recent judgment has ruled that a widow, even after she has remarried, has the rights over her former husband’s properties. The petition was filed by a man against his former sister-in-law who had claimed the right over her deceased husband’s properties after she ma...
A ruling, if upheld through appellate judicial scrutiny can change the structure of modern-day technology driven enterprises. On 3 rd June, 2015 the California labour commissioner’s office held that a driver for the ride-hailing service Uber should be classified as an employee, not an independent co...
The Hon’ble Supreme Court of India in a landmark judgment delivered on 6 th July 2015 held that unwed mother is not required to specifically notify the putative father of the child whom she has given birth to. The judgment was passed in an Appeal directed against the Judgment delivered by the High C...
The President of India has promulgated the Negotiable Instruments (Amendment) Ordinance, 2015 (6 of 2015) on 15 th June 2015. The amendments to the Negotiable Instruments Act, 1881 (“The NI Act”) are focused on clarifying the jurisdiction related issues for filing cases for offence committed u/s 138...
A Company in the course of business obtained financial assistance from financial institutions and banks. For securing the debt, the said company had mortgaged its immovable properties and thus created security interest in the said properties. The Company defaulted in repayment and the banks and fina...