Legally Speaking

THE UPHEAVALS OF RESTRAINING INVOCATION OF BANK GUARANTEES

13 Nov 2021 02:37 AM IST

Bank guarantees are individual contracts between the bank and the creditor and are independent of the underlying contract between the beneficiary and the person at whose instance the bank guarantee is given. In simple terms it is an assurance to a beneficiary that the financial institution will uphold the contract between

Duty to defend: A lawyer has moral obligation to represent the unpopular client

12 Nov 2021 07:43 AM IST

Maintenance of law and order within a society is of utmost importance and lawyers play a key role in ensuring that law and order is maintained. The profession of a lawyer is a noble one and a lawyer is often seen as someone who fights for the rights of individuals

RECALLING OF WITNESSES: A BOON OR A BANE FOR THE CRIMINAL JUSTICE SYSTEM?

11 Nov 2021 07:01 AM IST

INTRODUCTION The general bias in India towards the adversarial decision-making system is evident. We have a neutral judge that decides a particular case by listening and weighing the arguments presented by both sides. On the other hand, in an inquisitorial decision-making system the judge is actively involved with the lawyers

OF FEMALE FOETICIDE AND ITS CAUSES IN INDIA

11 Nov 2021 07:00 AM IST

Womanish foeticide is one of the most sensitive and burning issues not only for India but for the whole world. It’s a general supposition that advanced countries with better knowledge rate may have better coitus rate but this supposition is questioned if one looks at the data.This process began in

PC Act – more time taken for preliminary enquiry not a ground to quash criminal proceedings: SC

10 Nov 2021 07:35 AM IST

In a very significant observation, the Apex Court has as recently as on October 29, 2021 in a learned, laudable, landmark and latest judgment titled The State of Jammu and Kashmir vs Dr Saleem Ur Rehman in Criminal Appeal No. 1170 of 2021 in exercise of its criminal appellate jurisdiction

Rise of inspections, inquiries and investigations under the Companies Act, 2013

09 Nov 2021 07:01 AM IST

“No law however, well-conceived or well drafted, can be altogether fool-and-knave proof and it is impossible. for any law to protect the fool from the consequences of his acts or omissions. Nevertheless, we consider that it is the function of law to prevent dishonest and unscrupulous people from creating conditions

REFORMING THE JUVENILE JUSTICE SYSTEM

08 Nov 2021 03:51 AM IST

INTRODUCTION “Old enough to do the crime, old enough to do the time”. This phrase is very common among people who have the view that juvenile offenders should be treated as adults. The juvenile justice system in India is explained in the Latin maxim “nil Novi spectrum” which suggests that

Test identification parade: Its purpose and objective

06 Nov 2021 03:23 AM IST

At the outset, let me begin by stating most unambiguously that the test identification parade is always conducted immediately after a criminal offence takes place so that the eye witness who does not know the accused identifies him/her and thereby the eyewitness credibility and reliability is also tested openly in

Evidence in a trial against an accused does not have any bearing upon a co-accused in a separate trial for the commission of same offence: SC

04 Nov 2021 02:15 AM IST

It would be in the fitness of things to mention at the outset that in a significant development, the Supreme Court as recently as on October 29, 2021 in a cogent, commendable, composed and convincing judgment titled AT Mydeen vs Assistant Commissioner, Customs Department LL 2021 SC 610 in Criminal

Litigation funding or third-party funding (TPF)

03 Nov 2021 06:37 AM IST

Litigation Funding or Third-Party Funding is a non-recourse funding where third-party funder bears all of the litigation costs such as litigant’s attorneys’ fees, court fee and other costs, in exchange for a share of any potential recovery. If the litigant is successful in its case, the funder receives a portion

AI, health care and law – part 3

03 Nov 2021 06:34 AM IST

LIABILITIES It is interesting to determine the Legal Liabilities in the context of AI in health care. Medical Malpractice forms part of general negligence under Law. Given the fact that, negligence is attributable to breach of duty caused by the omission to do something which a reasonable man guided by

Dishonour of cheque issued as a security can also attract offences U/Sec 138 NI Act: SC

02 Nov 2021 03:50 AM IST

In a very significant judgment which directly affects each and every citizen of India, the Supreme Court in a learned, laudable, landmark and latest judgment titled Sripati Singh (D) Through His Son Gaurav Singh vs The State of Jharkhand & Anr in Criminal Appeal Nos. 1269-70 of 2021 (Arising out