Bar and Bench - Indian Legal news
WEBBar & Bench is the premier online portal for Indian legal news. News, interviews, and columns related to the Supreme Court of India and the High Courts , as well as law firms, law schools, and Parliament.
The Supreme Court fortnightly: 15 important judgments from …
WEBJan 26, 2024 · In this fortnightly series, Bar & Bench brings you 15 important judgments and orders passed by the Supreme Court of India. Below are our picks for the first two weeks of January 2024. 1. Supreme Court directs High Courts to form committees to implement Second National Judicial Pay Commission recommendations.
“Shall” Shocked: The use of shall in legal documents - Bar and Bench
WEBJun 19, 2021 · For long, shall has been a favourite of lawyers. Its use in legislation and in legal documents is all pervasive. As a young lawyer, one of the first things drilled into me was that “shall” is the most important modal verb to refer to future action and is the word to be used when imposing a mandatory obligation.So, I was told to imagine substitution of “shall” in a sentence with the ...
[Advocate's Diary] Essentials of a Civil Suit: Jurisdiction, cause of ...
WEBOct 7, 2023 · 8 min read. Advocate's Diary is a project aimed at addressing the dearth of literature on court practice and litigation advocacy. To this end, we aim to create a repository of columns on the essentials of court practice – ranging from civil suits to criminal trials, from ADR procedures to enforcement of decrees and judgments, and more.
[The Viewpoint] Inquiries under the POSH Act: Powers, …
WEBMay 23, 2023 · The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”) is a comprehensive legislation intended to provide an adequate and effective mechanism for the redressal of complaints of sexual harassment of women at the workplace. The POSH Act imposes an obligation on all employers, whether public or private sector organisations/ institutions ...
Quashing of FIRs by High Courts under Section 482 CrPC: A closer …
WEBNov 14, 2022 · The bare text of Section 482 of the Code reads as under: "482. Saving of inherent powers of High Court.— Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice."
Understanding exhibition and marking of documents during …
WEBNov 16, 2021 · There is no legal definition of exhibits or marks in any statute and the origin of the terms is out of customary practice. The Delhi High Court in Sudhir Engineering Company v.Nitco Roadways Ltd, categorically held that the practice of exhibition or marking has evolved merely out of customary practice and is without any legal backing.. The only other reference where there is a mention of ...
Exclusive Jurisdiction Clauses in a Contract: Key issues - Bar and …
WEBSep 11, 2019 · Exclusive jurisdiction clauses enunciate a choice by parties to limit the place of institution of the suit to one forum. Section 23 of the Indian Contract Act, 1872 (‘Contract Act’) mandates, inter alia, that there cannot be a contract which is forbidden by or defeats any provision of law.Section 28 makes an absolute restraint on a legal recourse or ability to enforce rights under a ...
40 landmark judgments on the MSMED Act, 2006 - Bar and Bench
WEB19 Jul 2020, 12:20 pm. 11 min read. The Micro, Small and Medium Enterprises Development Act, 2006 (the Act) is a beneficial legislation which aims to facilitate the promotion and development of micro, small and medium enterprises (MSMEs). In order to ensure speedy recovery of dues, the Act prescribes a two-stage mechanism - comprising ...
Proof of loss incurred necessary to claim damages under …
WEBNov 24, 2023 · The article discusses the need to show proof of loss incurred due to a breach of contract to claim damages under a penalty clause, along with an analysis of a case on this topic that came up before the Delhi High Court. The relief of damages is pivotal under the law of contract. Damages constitute the compensation awarded to …