Advocates Club Blog

FAQ on Live In Relationship

What is meant by live-in-relationship? Live in relationship is when a couple, usually a man and a woman cohabit/ live together in a long term relationship as a husband and wife without being legally married. Are there any legal provisions granting rights to women in live-in-relationship? There is no specific legal provision regarding live in relationships however, Protection of Women...

Fantasy Gaming – Guidelines and Regulations

As far as the rules and regulations with respect to online gaming including fantasy sports are concerned, no specific rules and regulations have been laid down by the central government. However, certain powers have been conferred upon the states by the Constitution of India with respect to regulate gambling and betting within the territory of state and using the said...

Real Estate Investment & Legal Due Dilligence

The razing of the Apex Tower and Ceyane Tower, popularly referred as the Noida Supertech Twin Towers was in the news recently. Although it became the talk of the town for various reasons, it again brought concern in the minds of home-buyers as they keep getting robbed by the fraudulent builders and lose their hard-earned money. In 2016, With the...

Company and Corporate Laws in India

What is Company Law? Company Law is a body of provisions, rules and regulations which governs the functioning of a body corporate so as to ensure transparency and accountability. Company law is also known as Corporate law or Business law. As per Cambridge dictionary, the definition of company law is the set of laws that control how businesses are formed...

Things to know about The Compliance of Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013

Sexual harassment is violent and abusive to a woman which restricts her to live her life with dignity. It extends to the immoral behaviour portrayed towards a woman. A woman who comes across such violent and immoral behaviour at any kind of workplace must be providedwith safe and secured environment and redressal mechanism to address such unethical behaviour. Since, sexual...

Applicability of Limitation Law during the period of COVID-19 pandemic and Mode of Effective Service

The Hon’ble Supreme Court while dealing with the issue of limitation in lieu of the COVID -19 pandemic, suo moto took cognizance of the difficulties to be faced by the litigants across the country in filing their petitions/applications/suits/ appeals/all other proceedings within the period of limitation and therefore through its order dated 23.03.2020 extended the period of limitation in all...

Written statement cannot be filed after the lapse of 120 days from the service of the summons under Commercial Courts Act, 2015, in any case, right to file written statement is forfeited after 120 days

Hon’ble Supreme Court in the case of M/s SCG Contracts India Pvt. Ltd. vs K. S. Chamankar Infrastructure Pvt. Ltd. dealt with the question that whether written statement can be filed beyond the period of 120 days from the date of service of summons or not in the cases filed under Commercial Courts Act, 2015. At the outset it is...

Adultery no longer Criminal Offence in India – Section – 497 of Indian Penal Code declared Unconstitutional

In a landmark judgement of Joseph Shine vs Union of India on 27 September, 2018 Hon’ble Apex Court declared Section 497 of Indian Penal Code as unconstitutional. Section 497 is struck down as unconstitutional being violative of Articles 14, 15 and 21 of the Constitution. Along with Section497, Section 198(2) of the Cr.P.C. which contains the procedure for prosecution under...

SUPREME COURT OF INDIA – WHETHER THE COURT HAS POWER TO CLOSE THE PROCEEDINGS OF A CHEQUE BOUNCE CASE WITHOUT THE CONSENT OF THE COMPLAINANT?

Yes the Court has the power to close the proceedings of a cheque bounce case without the consent of the Complainant. The question for consideration before the Supreme Court of India in M/s Meters and Instruments Private Limited & Anr. versus Kanchan Mehta was that if the accused is willing to deposit the cheque amount can the proceedings be closed...