Prashant Kanha 
With the changing economic climate, businesses are outsourcing their non-core functions with a view to increase their efficiencies and cut down costs. Such outsourcing arrangements are very common in the information technology (IT) sector, where companies are outsourcing back-end processes, data processing, systems development and maintenance, etc. to an outside vendor. The terms and conditions … Read more
The above question is asked many a time during elections of apartment owners associations in group housing societies in Noida and Ghaziabad. As per the Model Bye-laws under the U.P. Apartment Act, only apartment owners can be members of the association of apartment owners. Download UP Apartment laws eManual Who is an apartment owner? As … Read more
Before answering above question, I would first go through the law of Contempt of courts. Contempt of Court refers to showing disrespect to the dignity or authority of the court. Civil Contempt According to Section 2 (a) of the Contempt of Courts Act 1971, contempt of courts civil contempt or criminal contempt. Section 2(b) defines … Read more
WRIT OF MANDAMUS: WHEN TO APPROACH HIGH COURTS The Constitution of India under Articles 32 and 226 gives power to the Supreme Court and High Courts respectively to issue writs in cases of breach of Fundamental Rights of any citizen by the State. Such writs prevent arbitrariness and unchecked use of power. According to the … Read more
S. NO COURT CASE NAME & CITATION RATIO 1. Supreme Court of India SFIO v. Rahul Modi CRIMINAL APPEAL NOS. 538-539 .OF 2019 (@ SLP(Crl)Nos.94-95 OF 2019) Order dated 27.03.2019 Facts: Criminal Appeals challenging common interim order dated 20.12.2018 passed by the Delhi High Court in W.P.(Crl.) Nos.3842 and 3843 of 2018. In … Read more
Here are some questions which are frequently asked regarding the law of bail and its practice in Allahabad High Court. When is an anticipatory bail application filed before Hon’ble Allahabad High Court? As per the procedural law contained in the Cr. P.C., in a cognizable, non-bailable offence, where police are trying to make an arrest, … Read more
Download UP Apartment laws eManual When it comes to the U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act 2010 (“the Act”) then the case titled M/s Designarch Infrastructure Pvt. Ltd. & Anr. v. Vice-Chairman, Ghaziabad Development Authority & Ors. is the landmark authority so far. Below is the summary conclusion of the judgment. It … Read more
FAQ’s on The Insolvency and Bankruptcy Code, 2016 (IBC): Q.1. What is the objective of IBC, 2016? Ans. As provided under the preamble of the Code, the objective of the Code are as under: To consolidate and amend the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner … Read more
In a recent judgement passed by Maharashtra RERA Appellate tribunal[1] against the real estate builder confirmed that the arbitrary and one-sided interpretations make the contractual transaction unfair and unreasonable. According to the tribunal, forfeiture of the booking amount is improper and against the provisions of RERA Act, 2016 and for this reason, the builder was … Read more
LAW OF DISCLAIMER What is a disclaimer? Disclaimer refers to a statement, assertion or a document that disclaims or denies responsibility, affiliation, towards a legal claim. In simple words, disclaimer can be said to be a statement that one is not responsible for something. It protects one from the claims of liability. Disclaimers basically help … Read more
Insolvency & Bankruptcy Code, 2016- Landmark Judgments of 2019 Swiss Ribbons Pvt. Ltd & Anr. V. Union of India & Ors. (W.P. No.99 of 2018) Decided on 25.01.2019 The Supreme Court of India in this case has upheld the constitutionality of the Insolvency and Bankruptcy Code, 2016 (“IBC”). This judgment has brought the focus back … Read more
Judicial Review is the power of the judiciary to interpret the constitution and its values and to maintain a check on the legislature and executive if they act in abrogation of the rights of people, guaranteed under the constitution. The judiciary has the power to declare such law or order void if it contravenes the … Read more