Legally Speaking

Euthanasia: Divergence between conscience and human rights

11 Apr 2022 02:30 AM IST

“Death alone is one friend that can bring peace his treasures cannot purchase, and remove the pain his physicians cannot cure.” – Mortimer Collin It is a desire of every human being to live his life to the fullest. But there are times when he desires that his life should

Sex on basis of ‘genuine promise’ to marry that didn’t fructify is not rape: Delhi HC

09 Apr 2022 06:42 AM IST

While rendering a very pertinent, powerful and practical judgment titled Shailendra Kumar Yadav vs State in the matter of CRL.REV.P. 175/2021 & CRL.M.A. 6024/2021 that was finally delivered on April 5, 2022, the Delhi High Court minced literally no words to make it absolutely clear that a “genuine promise” to

Better to buy than compete?

08 Apr 2022 06:31 AM IST

Whether de-merger is the right solution or resorting to other remedies like compulsory licencing would be viable, remains to be seen. However, in this process, one thing the authorities need to keep in mind is that the solution must cure the problem without compromising or disincentivising the innovation.

THE IMPACT OF THE BANKRUPTCY AND INSOLVENCY CODE ON NON-PERFORMING ASSETS

07 Apr 2022 07:10 AM IST

INTRODUCTION Insolvency and bankruptcy laws are integral to any capitalist system. They serve as the foundation for the orderly dissolution or restructuring of a variety of company structures, including sole proprietorships, partnerships, and limited liability corporations. As a result, bankruptcy rules make it easier to re-allocate cash that has been

Bombay High Court orders 7 days jail for prison superintendent for denying emergency parole to eligible prisoners

06 Apr 2022 07:10 AM IST

In a very significant development with far reaching consequences, the Nagpur Bench of Bombay High Court in a recent, refreshing, robust, rational and remarkable judgment titled Hanuman Anandrao Pendam v State of Maharashtra in Criminal Writ Petition No. 537/2021 delivered as recently as on March 16, 2022 has held the

A sentinel’s toil in arbitrability of fraud: The A. Ayyasamy judgement

05 Apr 2022 06:48 AM IST

The conclusion of the Supreme Court in A. Ayyasamy, that a simple charge of fraud simplicitor would not be sufficient to negate the impact of the parties’ arbitration agreement sets the premise for the test of proportionality to be applicable in commercial disputes as well. Proportionality asks whether the decision,

SUMMONS BY REGISTERED POST CAN’T BE SERVED DIRECTLY TO DEFENDANT RESIDING OUTSIDE COURT’S JURISDICTION: PUNJAB & HARYANA HC

04 Apr 2022 06:41 AM IST

In a significant development, the Punjab and Haryana High Court in a learned, laudable, landmark and latest judgment titled M/s Paras Ram Milkhi Ram vs Sudarshan Tea Pvt Ltd and Another in CR-2188-2015 (O&M) delivered as recently as on March 23, 2022 has made it quite clear that summons by

Mere non framing of charge under Section 149 IPC will not vitiate conviction in absence of any prejudice to accused: SC

02 Apr 2022 06:40 AM IST

In a significant development, we saw how just recently on April 1, 2022, the Apex Court in a recent, remarkable, robust and rational judgment titled State of Uttar Pradesh vs Subhash @ Pappu in Criminal Appeal No. 436 of 2022 cited in 2022 LiveLaw (SC) 336 observed that non-framing of

Medical device market & regulatory system failures, future and priorities

01 Apr 2022 06:21 AM IST

Poor device safety and functionality have been crucially related to legislative loopholes which make it easy for device makers to get their products in the market before proper testing.

OWNER OF VEHICLE NOT VICARIOUSLY LIABLE FOR ANY MIS-DECLARATION BY OWNER OF GOODS: PUNJAB & HARYANA HIGH COURT

31 Mar 2022 06:26 AM IST

While clarifying the legal position on the liability of the owner of vehicle for any mis-declaration by the owner of goods, the Punjab and Haryana High Court in a learned, laudable, landmark and latest judgment titled Vijay Mamgain Vs State of Haryana in 2022 LiveLaw (PH) 34 and Case No.

‘Grave Misconduct’: Rajasthan HC imposes 1 Lac cost on advocate who filed original application without authorization, superimposed sign by xerox machine etc

30 Mar 2022 04:06 AM IST

While displaying absolute zero tolerance for misconduct of any kind, we saw how just very recently on March 24, 2022, the Division Bench of Rajasthan High Court at Jodhpur in a noteworthy judgment titled TC Gupta v. Union of India in D.B. Civil Writ Petition No. 10645/2019 and cited in

Comptroller and Auditor General of India: A time for reform?

29 Mar 2022 03:29 AM IST

The debate on the mode of appointment of CAG was reignited in August 2020 when G.C. Murmu was appointed as the Comptroller and Auditor General, without following any transparent process of selection. His appointment came as utter dismay to citizens of India, who have faith in parliamentary democracy since he

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