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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 ...
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."
The IL&FS Insolvency case: A summary of the journey so far - Bar …
WEBJul 21, 2019 · IL&FS Group, which has approximately over Rs. 91,000 crores in debt, is facing a severe liquidity crisis. Between July 2018 and September 2018, two of the subsidiaries of IL&FS Group reported having trouble in paying back loans and inter-corporate deposits to banks/lenders. The liquidity crisis in IL&FS Group – …
Constitution Benches of the Supreme Court: An analysis - Bar and …
WEBSep 28, 2019 · A Constitution Bench is a bench of the Supreme Court having five or more judges on it. These benches are not a routine phenomenon. A vast majority of cases before the Supreme Court are heard and decided by a bench of two judges (called a Division Bench), and sometimes of three. Constitution Benches …
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 ...
Debriefed: The law on encounter killings and how the Supreme …
WEBJul 12, 2020 · One relating to December 2019 Telangana encounter has been entrusted to an inquiry commission headed by a former Supreme Court judge. Another petition filed by PUCL bringing to light several fake encounters in Uttar Pradesh made the Supreme Court take a “serious note” and seek the response of the UP government in 2018.
“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 ...
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