Legal Articles Section 504 IPC February 7, 2022 / February 7, 2022 by Lavanya Goinka | Leave a Comment Lavanya GoinkaIndia’s legal system has rules based on the ideals of humanity and peace, as well as laws aimed at protecting public tranquillity. The Indian Penal Code, enacted in 1860, offers a list of criminal offences and their punishments. All of the crimes listed in the IPC are classified into different categories and assigned to […] Read more » Section 504 IPC Section 504 of the IPC's ingredients The nature of IPC Section 504
Legal Articles All about the 44th amendment of the Indian Constitution February 4, 2022 / February 4, 2022 by Lavanya Goinka | Leave a Comment An article by Lavanya Goinka The 44th Amendment to the Indian Constitution was enacted in 1978, following the passage of the 45th Amendment Bill. With the passage of the 42nd Amendment Act, 1976, certain provisions of the Indian Constitution were subjected to changes and amendments against the will of the people. During the Emergency, declared […] Read more »
Legal Articles Legal India Handbook to ADR January 31, 2022 / January 31, 2022 by Lavanya Goinka | Leave a Comment -An article by Lavanya GoinkaIn India, the words ‘Ayodhya temple’ can elicit a wide range of feelings. Emotions are followed by glimpses of recollections. One of those memories is when the Supreme Court ordered the mediation in the Ayodhya dispute to be finished within eight months and the first report to be produced within four […] Read more » The need for ADR UNCITRAL United Nations Commission on International Trade Law
Legal Articles Actus non facit reum nisi mens sit rea January 5, 2022 / January 5, 2022 by Lavanya Goinka | Leave a Comment – An article by Lavanya Goinka and Siddharth Sharma The Latin phrase ‘actus non facit reum nisi mens sit rea’ loosely translates to “an act does not constitute a man guilty of a crime unless his mind is equally culpable.” This means that proving criminal culpability requires not only the presence of the actus reus […] Read more »
Legal Articles M/S Topcem India v. Union of India & Ors 2021 : Case study January 5, 2022 / January 5, 2022 by Lavanya Goinka | Leave a Comment – An article by Lavanya Goinka, Arnav Raj and Siddharth Sharma This article examines whether a subsequent change in the law will have an impact on the parties’ position. The Guwahati High Court answered this question in the landmark case of M/s Topcem India v. Union of India & Ors (2021). The lawsuit concerned the […] Read more »
Legal Articles What is Digilocker? How can one enable it? January 4, 2022 by Lavanya Goinka | Leave a Comment An article by Lavanya Goinka and Siddharth Sharma Everything has gone digital in current times, including meetings, lectures, movies, and activities. The impact of the digital trend can be seen all about us, especially during the COVID era, when the majority of work was done online. Under the Digital India Cooperation (DIC), the Ministry […] Read more » Advantages of DigiLocker Disadvantages of DigiLocker: Is DigiLocker safe
Legal Articles Alternative investment and how it works January 4, 2022 / January 4, 2022 by Lavanya Goinka | Leave a Comment -An article by Lavanya Goinka and Siddharth Sharma A private pooled investment vehicle created or registered in India as a trust or corporation is known as an alternative investment. A legal organisation that is not governed by a company, limited liability partnership (“LLP”), SEBI, or other industry rules can raise funds from Indian or […] Read more » Alternative investment Illiquidity Purposes of investing in alternative investments Risk reduction through diversified investment
Legal Articles Understanding role of insolvency professional agencies January 4, 2022 by Lavanya Goinka | Leave a Comment -An article by Lavanya Goinka and Siddharth Sharma The legislation of insolvency and bankruptcy in India was consolidated in 2016. Prior to this, there were issues with dealing with bankruptcy and bad debts. This adjustment was necessary due to the high frequency of personal and corporate insolvency proceedings in India, as well as the […] Read more » Understanding role of insolvency professional agencies
Legal Articles Are shadow directors liable for insolvency procedures? January 3, 2022 by Lavanya Goinka | Leave a Comment The directors of a corporation are critical to the company’s day-to-day operations. As a result, they owe the corporation certain fiduciary duties and are accountable to all stakeholders. These responsibilities have been established in India under Section 166 of the Companies Act of 2013. Acting in good faith, exercising reasonable care, skill, and diligence, exercising […] Read more » Are shadow directors liable for insolvency procedures Legal position of a shadow director Liability for fraudulent trading Liability for wrongful trading Liability of shadow directors for insolvency procedures Meaning of a Shadow Director Prioritising creditors’ interests Steps that can be taken to mitigate liability
Legal Articles Cybersquatting in India December 10, 2021 by Lavanya Goinka | Leave a Comment Cybersquatting in India – An article by Lavanya Goinka Every business or organisation, large or small, likes to have a presence on the Internet in today’s environment. With the advancement of technology, it has become easier for a company or organisation to sell its goods and services over the internet, which has a wide reach […] Read more » The common law approaching to Cybersquatting What are domain name disputes? What is cybersquatting
