Introduction
On August 1, 2024, the Supreme Court of India gave an important judgment in the case of M/S. Pro Knits vs. The Board of Directors of Canara Bank & Others. This ruling clarifies the responsibilities of banks and Non-Banking Financial Companies (NBFCs) towards Micro, Small, and Medium Enterprises (MSMEs) under the MSMED Act, 2006, and the SARFAESI Act, 2002.
Background
The appellants, a group of MSMEs, were unhappy with the Bombay High Court's decision. The High Court had said …
Purchasing Real Estate in India: A Comprehensive Legal Guide
Purchasing real estate in India can be a complex process due to the multitude of laws and regulations governing property transactions. This comprehensive guide aims to provide you with a detailed understanding of the major legal considerations you should be aware of as a property buyer in India. By following these guidelines, you can navigate the process confidently and ensure a smooth and legally sound purchase.
1. Understanding…
Introduction
Intellectual property (IP) is a valuable asset for businesses of all sizes. It can protect your company's ideas, inventions, and creative works, giving you a competitive edge in the marketplace. In India, there are a number of IP laws that businesses need to be aware of. This article provides a comprehensive overview of IP laws in India, including copyright, trademark, patent, industrial design, geographical indication, and trade secret protection.
Importance of Intellectu…
Introduction
Consumers are the backbone of any economy. They are the ones who drive demand and create jobs. In India, consumers are increasingly becoming aware of their rights and are demanding better protection. The Consumer Protection Act, 2019 is a landmark legislation that has been enacted to protect the rights of consumers in India.
The Consumer Protection Act, 2019
The Consumer Protection Act, 2019 is a comprehensive legislation that provides for a variety of consumer rights a…
Introduction:
In India, understanding inheritance laws is of paramount importance to ensure the smooth transfer of family assets from one generation to the next. This article aims to provide you with a comprehensive overview of inheritance laws in India and guide you on how to safeguard your family's assets effectively.
I. Types of Assets Covered by Inheritance Laws:
When considering inheritance, it's essential to understand the various types of assets that fall under its purview. These a…
In the ever-evolving global economic landscape, enterprises often grapple with monetary challenges stemming from multifarious factors such as market volatility, shifting consumer predilections, or unforeseen exigencies. The Insolvency and Bankruptcy Code (IBC) in India, promulgated in 2016, has transpired as a paradigm shift for financially beleaguered businesses. This blog post will scrutinize the role of the IBC in facilitating businesses to restructure their debts and attain a new lease on l…
India, the land of diverse cultures and traditions, embraces a unique blend of justice and compassion in its legal system. Anchored in the Constitution, the rights of an accused person are an indispensable aspect of India's criminal jurisprudence. The Indian legal system draws inspiration from the principles of human dignity, fairness, and justice that echo the spirit of the makers of the Constitution of India. In this feature article, we will explore the rights of an accused person in the India…
The Commercial Courts Act, 2015 brought a significant change to the landscape of commercial dispute resolution in India, with a primary focus on improving case management and expediting the resolution process. One of the key amendments introduced by the Act is the Case Management Hearing (CMH), which aims to streamline the litigation process and ensure that commercial disputes are resolved in a timely manner.
Purpose and Objectives of Case Management Hearing:
The primary purpose of the Case Ma…
Introduction
In a landmark judgment in the case of State of HP Vs Raj Kumar, 2023(3) SCC 773 the Supreme Court of India elucidated the constitutional provision that allows public employment on the basis of tenure at the pleasure of the President or the Governor. The Court noted that this principle, enshrined in Article 310 of the Constitution, is grounded in public policy, public interest, and public good. Furthermore, the Court emphasized that this provision directly influences the powers of …
Bail is a fundamental aspect of any criminal justice system that guarantees the accused the right to a fair trial. The practice of granting bail grew out of the need to safeguard the fundamental right to liberty. No person shall be deprived of their personal liberty unless prescribed so by a reasonable, fair and just procedure.
However, bail jurisprudence in India is in dire need of reform, as is evident from the recent judgments of the Supreme Court and the observations made by its judges.…
The recent judgment by the Supreme Court of India in the case of Ritu Chhabaria vs Union of India has been a landmark decision in affirming the fundamental right of default bail under Article 21 of the Constitution. The case was filed by Ritu Chhabaria to seek the release of her husband, who was arrested by CBI in a corruption case and was not granted default bail despite the expiry of the statutory period of 60 days.
The Supreme Court's judgment is significant in upholding the principle of p…
Introduction:
In the case of Justice K.S. Puttaswamy (Retd.) & Anr. vs. Union of India & Ors, the Supreme Court of India delivered a historic judgment, recognizing the fundamental right to privacy under the Indian Constitution. This groundbreaking decision has far-reaching implications for citizens, the government, and various policies in India. This blog post delves into the background of the case, the key aspects of the judgment, and provides an in-depth analysis of its potential impact on In…
Introduction:
The Supreme Court of India delivered a landmark judgment that has far-reaching implications on the right to privacy and the Aadhaar project. The 1,448-page judgment, addresses the constitutionality of the Aadhaar Act and lays down guidelines for the protection of citizens' privacy.
Background:
Aadhaar is a 12-digit unique identification number issued by the Unique Identification Authority of India (UIDAI) to Indian residents. The Aadhaar project was launched in 2009 as a m…
Freedom of speech is one of the most fundamental rights guaranteed by the Constitution of India. It is a cornerstone of democracy and is essential for the development of a just and equitable society. The right to free speech enables individuals to express their opinions, thoughts, and ideas without fear of censorship or persecution. This essay will discuss the importance of freedom of speech, its value in the constitution of India, and the views of Dr B R Ambedkar on this fundamental right.
F…
The Supreme Court of India recently delivered a landmark judgment on the issue of bail law in the country. The judgment, authored by Justice U.U. Lalit, addressed the various aspects of bail, such as the principles governing the grant or refusal of bail, the conditions that can be imposed on bail, the role of public prosecutors and courts in bail matters, and the need for comprehensive legislation on bail.
The judgment was delivered in a criminal appeal filed by one Arnab Goswami, a journalis…
Bail is a legal term that refers to the release of a person who has been arrested or detained for an alleged crime, on the condition that he or she will appear before the court when required. Bail is a way of ensuring that the accused does not abscond from justice, and also respects the presumption of innocence until proven guilty.
Bail can be granted by the police or by the court, depending on the nature and severity of the offence. The Code of Criminal Procedure (CrPC), 1973, classifies off…
Micro, Small and Medium Enterprises (MSMEs) are vital for the economic growth and development of India. They contribute significantly to the GDP, employment, exports and innovation of the country. However, one of the major challenges faced by MSMEs is the delay or non-payment of their dues by their buyers, which affects their cash flow, working capital and profitability.
To address this issue, the MSME Development Act, 2006 (the Act) provides a legal framework for the protection and promotion…
Arbitration is a form of alternative dispute resolution (ADR) that allows parties to settle their disputes without going to court. Arbitration is governed by the Arbitration and Conciliation Act 1996 (the Act) in India, which is based on the UNCITRAL Model Law on International Commercial Arbitration 1985. The Act aims to provide a speedy, efficient, and cost-effective mechanism for resolving commercial disputes through arbitration.
The Act has been amended twice, in 2015 and 2019, to address …
Enforcement of Contract in India
Contracts are essential for any business activity, as they define the rights and obligations of the parties involved in a transaction. However, contracts are only as good as their enforceability, which depends on the legal system and the dispute resolution mechanism available in a country. In this blog post, we will discuss the current state of contract enforcement in India, the challenges faced by businesses and investors, and the possible ways to improve it.
The Commercial Courts Act, 2015 was enacted to provide speedy and efficient resolution of commercial disputes in India. The Act established commercial courts, commercial divisions and commercial appellate divisions in various states and high courts. However, the Act also recognized the importance of alternative dispute resolution mechanisms, such as mediation, for settling commercial disputes amicably and expeditiously.
In 2018, the Act was amended to introduce Section 12A, which made pre-ins…
