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POWER TO GRANT INTERIM COMPENSATION UNDER THE NEGOTIABLE INSTRUMENTS ACT 1881 – DISCRETIONARY OR NOT

The Negotiable Instruments Act, 1881(“NI Act”) was brought in by the legislature to tackle the problems arising out of issuance and realization of money vide instruments like Cheques, Bills of Exchange, and Promissory Notes. Courts of our country have persistently faced huge pendency of cases, and the statistics indicate that...

AMAZON PLEA FOR ENFORCEMENT OF EMERGENCY AWARD AGAINST RELIANCE-FUTURE DEAL

The two corporate giants, Amazon and Reliance Industries, are battling over the acquisition of the Future Group. The Future Group is one of India's biggest retail companies with widespread chains across the nation like Big Bazaar, Brand Factory, etc.  In August 2020, Reliance feasted on a deal to purchase...

MEDICAL TERMINATION OF PREGNANCY (AMENDMENT) ACT, 2021

It was on the 25th March 2021, when the President of India gave his assent to the Medical Termination of Pregnancy Amendment  Act, 2021 (hereinafter referred as the MTP Act, 2021). The Act aims at enlarging access to women for safe and legal abortion services on therapeutic, humanitarian, or...

THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI [GNCTD] (AMENDMENT) ACT, 2021: ANOTHER STATE-CENTRE DICHOTOMY?

The Parliament passed the GNCTD Amendment Bill, 2021, which received Presidential assent on 28th March 2021. Few coined this move as Coercive Federalism and unconstitutional, while others say it's logical and reasonable, keeping in mind the special status of Delhi. The Chief Minister (CM) of Delhi, Arvind Kejriwal, on 24th...

MARRIAGE-A DEFENCE FOR RAPE?

“Rape is not merely a body assault but an invasion of a person’s soul.” It takes a lot of courage to come forward and raise a voice against a heinous crime like rape, but what shatters a victim is when her abuser is asked, “Will you marry her?” This...

COMPETITION AND CONSUMER PROTECTION REGIME AMIDST COVID-19

Background of MRTP Act: Monopolistic and Restrictive Trade Practices Act, 1969, as it stood, was enacted with an aim to protect competition in the economy whilst curbing manipulation by the competitors who would impose unjust restrictions on consumers such as false advertising, bait-and-switch-tactics, below-cost selling, etc.  Eventually, the agenda...

PROCEEDINGS UNDER THE NEGOTIABLE INSTRUMENTS ACT HIT BY THE MORATORIUM UNDER IBC, 2016

The latest judgment of Hon'ble Supreme Court P Mohanraj Vs. M/S Shah Brothers Pvt. Ltd. 24 SC 2018 delivered by the bench of three judges- Justice Rohinton Fali Nariman, Justice Navin Sinha, and Justice KM Joseph, wherein it was held that the cases related to dishonor of cheque under...

THE ENHANCEMENT OF PECUNIARY JURISDICTION IN CP Act, 2019

The Consumer Protection Act, 2019 (hereinafter referred to as “the CP Act”) received the President’s assent on 9th August 2019, which replaced the Consumer Protection Act, 1986 ( hereinafter referred to as “the old Act”). The need for repealing the old Act was increasingly necessary as the CP Act...

INDIA AS INTERNATIONAL ARBITRATION HUB: DREAM INTO REALITY

Conflicts will remain as long as the human race subsists. Arbitration appears to be an amicable and timely resort to conflicts, including but not limited to subjects like investment, maritime, construction, intellectual property, and contractual agreements. India being a dynamic country, is undeniably industrializing and globalizing, which builds itself...

GROUP INSOLVENCY: GOING BEYOND THE LETTER

The Insolvency and Bankruptcy Code, 2016 ('IBC 2016') was enacted in 2016 and resulted in the significant development of insolvency resolution laws in the country. Though the IBC 2016 intended to resolve insolvency of the Corporate Debtor against whom the proceedings had been initiated, the Courts of the country,...