By- Prasun NabiyalINTRODUCTION
On 14th January 2023, Industrial Credit and Investment Corporation of India (hereinafter ‘ICICI’) Bank’s former MD Chanda Kochhar was charged with an aggravated form of “Criminal Breach of Trust” under Section 409 of the Indian Penal Code (hereinafter ‘IPC’) She was accused of defrauding the ICICI bank of 1730 crores by approving loans to Videocon in violation of its regulations. This post uses relevant legal principles and case laws to ascertain the foreeable stance to be taken by the courts in determining Chanda Kochhar’s liability under section 409. It then highlights the importance of this case…
By: Gurkaranbir SinghINTRODUCTION
Parallel proceedings in investor-state arbitration are an emerging phenomenon which operates as a stumbling block against the expeditious dispute resolution process. Such proceedings are possible in an international legal framework as international law does not provide a strict application of domestically practiced principles of Res Judidicata and Lis Pendens. This phenomenon of “parallel proceedings” has been identified as a serious problem in the fora as it leads to inconsistent arbitral awards by different arbitral tribunals adjudicated on the same set of facts.[i] It further leads to undermining the application of international legal principles, the coherence of…
Citations: 1992 AIR 1904, 1991 SCR(1) 274
Appellant: Smt. Sureshta Devi
Respondents: Om Prakash
Decided On: 7.02. 1991
Equivalent Citations:
1. 1992 AIR 1904
2. 1991 SCR (1) 274
Benches:
SHETTY, KJ (J)
AGRAWAL, SC (J)
Statutes Referred:
Hindu Marriage Act, 1955
Special Marriage Act, 1954
Marriage Laws (Amendment) Act, 1976
In a marriage, a man and woman make a lifelong commitment to one another, promising to love and cherish one another until death do them part. The pair learns the true meaning of love, trust, tolerance, support and harmony through their marriage as a union. It is a community…
By: Kartik SharmaThe creation of the impartial Indian state was an unprecedented occasion in historical past. This nascent nation needed to be steered by way of the vagaries of threatening forces. A transformative imaginative and prescient encompassing a singular model of federalism was instituted as the idea of our Structure. The Union Authorities was vested with powers to kind, divide, and reorganize states as per the ever-changing wants beneath Article 3 of the Structure. As a consequence of this, a number of states have been reorganized and new states got here into existence all through post-independence historical past.
Probably…
By- Mainak Mukherjee and Abhishek BhatraINTRODUCTION
SEBI’s Minimum Public Shareholding (herein after ‘MPS’) norm mandates that all listed companies maintain a minimum 25% shareholding in the hands of the public, ie, non-promoters. The primary objective behind implementing this norm was to ensure transparency, public participation, and to mitigate susceptibility to market manipulation. However, the MPS regime has unfortunately fallen short of achieving its intended objectives, giving rise to a range of challenges and setbacks. This article explores the multitude of issues plaguing the current regime while presenting comprehensive solutions to address these challenges.
WHAT IS THE MINIMUM PUBLIC SHAREHOLDING…
RMLNLU along with Khaitan & Co. is organizing a Legal Essay Writing Competition and Conference on “Competition Law”. Entries for the same are invited from interested law students.
About RMLNLU
RMLNLU was established in 2006 to impart quality legal education to students all over the country and to meet emerging challenges in the field of law. RMLNLU is committed to providing excellent infrastructure to its students and facilitating an environment that advances and disseminates knowledge of the law and legal processes. It aims to develop in students and research scholars a sense of responsibility to serve society in the field…
By- Deborshi Sarkar & Rishab GuptaIn the first part of the article, the authors succinctly discussed the judgment of the Apex Court in Common Cause (A Registered Society)v. Union of India. Further, the authors introduced a discussion on whether the 2021 amendment is a mere declaration aimed at nullifying the effect of the judicial pronouncement in question. In the second part, the authors delve into analyzing the effects of the 2021 amendment with respect to the permissible legislative power of overruling. Further, before concluding the authors also discussed the need for fixity of tenure in probe agencies.
The Central…
