KNOWLEDGE

For the period of moratorium the moratorium provision contained in Section 14 of the IBC would apply only to the corporate debtor therefore no proceedings under Section 138/141 of NI Act can continue or be initiated against the corporate debtor because of the statutory bar provided therein in IBC. However, such proceedings can very well be initiated or continued against the persons mentioned in Section 141(1) and (2) of the Negotiable Instruments Act as the moratorium provision contained in Section… Read More »Can the proceedings under Section 138/ 141 of Negotiable Instruments Act be initiated against a company in respect of whom a moratorium in terms of Section 14 of the Insolvency and Bankruptcy Code has been initiated?

Evidence – Oral and Documentary We often come across such phrases consisting one of the following expression i.e., best evidence, circumstantial evidence, corroborative evidence, derivative evidence, direct evidence, documentary evidence, hearsay evidence, indirect evidence, oral evidence, original evidence, presumptive evidence, primary evidence, real evidence, secondary evidence, substantive evidence, testimonial evidence, heresy evidence, etc. and often get puzzled by this broad classification of evidence. Though, in the definition of the word “evidence” given in Section 3 of the Evidence Act one… Read More »What is Evidence?

The proceedings under Section 27 of the Consumer Protection Act can be instituted and continued against a corporate debtor, which has failed or omitted to comply with an order passed by a Consumer Forum and in respect of whom a moratorium under Section 14 of the Insolvency and Bankruptcy Code is declared by the Adjudicating Authority; The proceedings under Section 27 of the Consumer Protection Act can be instituted and continued against the persons in-charge of and responsible to the… Read More »Whether the proceedings u/s 27 of the Consumer Protection Act can be initiated against a company in respect of whom a moratorium in respect of Section 14 of the IBC has been declared?

As per Mitakshara system of inheritance the Property in Hindus devolves in following two ways:- By Survivorship – joint family property – every member has undivided share. By Succession – held in absolute severalty by last owner.   HINDU SUCCESSION ACT, 1956 is the codified law of ‘Intestate Succession’. As per Section 30 of the Act of 1956 ‘any Hindu may dispose of by will etc. any property, capable of being so disposed of, in accordance with the provisions of… Read More »How the property devolves in Hindus in India?

“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation….”This is the preamble of the supreme law of the land, i.e. the Constitution of India, which serves the following:… Read More »“THE SUPREME LAW OF THE LAND”