Prime Legal

Prime Legal

Member since: November 20, 2020
Total live articles: 74

PRIME LEGAL is a full service and one of the best law firm in Bangalore/ Bengaluru and brings to the table expertise and experience of more than two decades across various sectors and practice areas. The team is over 100 strong lawyers

Recent Articles by Prime Legal

A Long Trip From Patriarchy To Parity: Permanent Commission For Women In Army

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The military has traditionally been thought of as a male-dominated profession, but it now includes women in every capacity, setting an example for others to follow. Women were first admitted in...

Boardroom Gender Diversity: Are Mandatory Quotas Effective?

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The present article examines the relationship between gender diversity in boardrooms and the mandatory quotas instituted for it. It addresses the problems that cause a disproportionate gender r...

The Concept Of Gift Under Transfer Of Property Act

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According to Section 122 of Transfer of Property Act, 1882 Gift is defined as the transfer of certain existing moveable and immoveable property made voluntarily and without consideration, by on...

Doctrine of Territorial Nexus

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The term federalism means the division of powers between the centre and state. It is a very complex mechanism though it is the very purpose for which a federal state is formed includes the dist...

Arrest And Detention Under Civil Procedure Code

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Arrest and detention of JDr (Judgement Debtors) in prison for a duration not exceeding the period defined in Section 58, where arrest and detention is permitted under the provision (see Sectio...

Grey Judgements: Addressing Gender Inequality in Indian Judgements

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Along the years we have witnessed the Indian courts playing a vital role in asserting women equality. A nation which has been marred by patriarchy in countless pages of its history has been ab...

Crowdfunding in India

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Crowdfunding is an arising strategy that is utilized on the other hand for raising capital. It's anything but a strategy in which little gifts or ventures are raised by various people over the ...

Waiting for Legislative Assent on the Right to Be Forgotten

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The internet never sleeps and the internet never forgets In light of the realities of our current digital world, it is important to remember that not everything on the internet is desirable, e...

India: An Emerging Superpower

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The present article tries to draw a real picture of India's dream of becoming a superpower, India's emerging position as a world leader in the UN, and how this emerging superpower was affected ...

Increase in Domestic Violence Cases in India during Lockdown

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Domestic Violence cases in India is no new story. It has been so long since we are experiencing Domestic Violence cases and its surge. Domestic violence in India represents an intriguing myster...

Insider Trading In India

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Insider Trading is one of India's most prominent financial crime, which was prevalent since the early 1920's. The term 'Insider Trading' can be defined as the illegal use of non-public informat...

ICC to comprise of independent members unrelated to the accused: Delhi HC

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Justice Prathiba Singh of the Delhi HC in a revision petition directed that: A Committee be constituted by the Cabinet Secretariat, consisting of such persons who are independent and unbiased, ...

Contract as envisaged u/s 7 of the contract act, 1872, must be necessarily pr...

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To invoke the arbitration clause and make it operational, there must be a concluded contract between the parties as envisaged under Section 7 of the Contract Act, 1872, this remarkable stand wa...

Presumption is not itself an evidence but only makes a prime facie case for a...

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For the offence under Section 138 N.I. Act, the presumptions under Sections 118(a) and 139 have to be compulsory raised as soon as execution of cheque by accused is admitted or proved by the co...

A person suffering from mental disorder or mental sickness deserves special c...

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Even if there might be some contradictions with respect to language known by the victim, in that case also, it cannot be said to be the major contradictions to disbelieve the entire medical ...

Judicial Magistrate’s Judgments and Order to be monitored by the Sessions Judge

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In a contempt petition filed by the Petitioner against the Judicial Magistrate, the High Court observed that the Judicial Magistrate did not acknowledge any of the superior courts judgments tha...

Journalist accused of spying on India granted bail after 90 days

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Justice Yogesh Khanna of the Delhi High Court found that the petitioner is entitled to default bail; the challan having not been filed within 60 days. The petitioner is a journalist who ha...

Any order which substantially decides certain rights of the parties cannot be...

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The question of custody of the accused is a matter of substantial right and the law is settled that any order which substantially decides certain rights of the parties cannot be said to be inte...

Delay in lodging FIR can be a valid consideration to grant anticipatory bail

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The delay may not be fatal to the criminal proceedings. However, it always depends upon the facts and circumstances of each case. However, at the same time, a long delay like 29 years as in th...

The appellants are not entitled to time bound promotional scale on the basis ...

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There is no assertion that any of the appellants have qualified both parts of A.M.I.E. Examination which is treated to be equivalent to the Engineering Degree. The appellants being only Diploma...

Right to stay in a live-in relationship forms a part of Right to life and per...

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Recently, the Allahabad High Court stated that the right to stay in live-in relationship is covered under Article 21 – Right to life and personal liberty. The court stated that a couple in a re...

Prosecutors not bound to heed Government order regarding withdrawal of cases

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A division bench of the Karnataka High Court recently noted: No Court is bound by such a decision taken to withdraw from the prosecution. The matter was heard while issuing notice to the respond...

Presence of malicious conduct of the parties if found, becomes sufficient for...

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Presence of malicious conduct of the parties if found, becomes sufficient for the court to not grant any relief to the concerned parties, this remarkable stand was forwarded by Odisha HC i...

Inability to meet the requirements in a prospectus can lead to disqualificati...

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If a candidate agrees to the terms and conditions mentioned in the prospectus of a particular institution before applying for admission into it, he/ she cannot seek concessions on the same. Thi...

Public interest means interest of State and Citizens

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Public interest plays an important role in every field. Profession, academics, and career are all complementary and supplementary to each other and constant competition of opportunity plays aro...

Installation and Recording of CCTV camera’s mandatory in interrogation rooms ...

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The Supreme Court in one of the recent judgments has held that in case a victim during an interrogation by any of the agencies like Police, CBI, NIA, ED etc., has a right to obtain the CCTV foo...

The statutory presumption of section 139, NI Act not to be overlooked; Karnat...

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The appellate Court has over-looked the statutory presumption provided under Section 139 of the NI Act even though the accused adduced evidence he did not rebut the evidence of the complainant....

Provisions of Mental Healthcare facilities are essential

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The effects of mental illness are often felt only by those suffering from it. Except for extreme cases, they do not manifest themselves in physical symptoms. This has led to it being deeply sti...

Right to be Forgotten an integral part of an Individual’s Right to Privacy

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The Odisha HC headed by Justice SK Panigrahi found that: The information in the public domain is like toothpaste, once it is out of the tube one can't get it back in and once the information is ...

Oral testimony is not enough to prove the ingredients of section 498-A IPC, t...

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On consideration of the oral testimonies of the witnesses, the ingredients of Section 498-A IPC have not been proved against the appellant-accused by the prosecution at the standard of beyond r...

The superior authority can’t exercise its power u/r 219.4 after the lapse of ...

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There is no provision under the Rule which has been shown to the Court which enables the superior authority/revisional authority to exercise power under Rule 219.4 of the Rules even after lapse...

BBMP at liberty to pass orders whether the petitioner was permitted or not to...

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BBMP come to conclude after an enquiry that the petitioner who is still on probation, had in fact remained unauthorisedly absent, BBMP will be at liberty to pass appropriate orders in accordanc...

Doctrine of Legitimate Expectation-Not a right but can be used if its denial ...

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The doctrine of legitimate expectation cannot be claimed as a right in itself, but can be used only when the denial of a legitimate expectation leads to the violation of Article 14 of the Const...

Motor Accident Claims Tribunal shall consider the victims injuries and loss o...

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In cases where there are motor accidents involved and person suffers injuries due to the fault of the other person, the victim should be awarded adequate compensation considering his injuries a...

Unfaithful translation of documents violate rights of an accused : Bombay Hig...

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While translating the detention order of a detenu, only typographical errors may be accepted, any kind of factual or substantial error will be in violation of the rights of the accused under ar...

The Fundamental Rights enshrined in the Constitution guarantees every person ...

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The Constitution of India under Part III, where the fundamental rights are enshrined guarantees every person the right to marry the person of his/her choice. This right guarantees the person to...

The court can't interfere with the conclusion of the Inquiry report if it has...

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Does the court have power and discretion to interfere in the inquiry procedures, where they can decide the eligibility of an inquiry officer or his appointment?, is the underlying question of t...

No reservation for in-service Doctors this year

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There will be reduction of 50% of seats in Super Specialty courses in Tamil Nadu if the Government Order is carried out, which is detrimental to their chances of admission. Admittedly no reserv...

Negligent Mistakes by the exam taker will not make the controller of the exam...

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The wrong mention of Question Booklet number in the OMR sheet resulted in wrong evaluation by the computer for which the respondents cannot be held liable. This judgment was pronounced by the d...

Change Of Educational Stream Stands Rejected

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In present India, academic, education, career, and profession had always a dominant factor in the minds of young scholars and academicians. Students often stay bewildered regarding their educat...

The Cause Of Action For Passing Off Are Premised On Classical Trinity Form Or...

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When a Court adjudicates upon an infringement or a passing off action, it is required to take into account, not only the rights of the plaintiff and the defendant, but also the interests of the...

Bona-fide arrangements made to resolve family disputes are enforceable

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The undisputed position of law states that, all the arrangements brought to resolve the family disputes, by its members are governed by a special equity, specific only to such family members. B...

Disputed question of facts arising out of contract cannot be resolved through...

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It is settled law that the rights arising out a contract cannot be resolved through the discretionary jurisdiction of this Court under Article 226 of the Constitution of India; especially when ...

Permissible for the parties to be represented by their partners or siblings i...

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The Hon'ble Supreme Court has also made it flexible in the context of representation of the parties by their close relatives, partners or siblings or any other person in whom they have complete...

Answer key is subject to judicial review only when it is demonstrably wrong

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There is always a presumption of correctness regarding the answer key of an exam held and it may be subject to judicial review only when it is demonstrably wrong. Therefore, it must be such as ...

Cancellation of bail on re-appreciation of facts would amount to review of ea...

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Cancellation of bail for breach of condition imposed, at the time of granting bail, does not amount to review or modification of earlier order granting the bail. The single judge bench consisti...

Tribunals should not function as another department under the control of the ...

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Dispensation of justice by the Tribunals can be effective only when they function independently of any executive control: this renders them credible and generates public confidence. Also, these...

Supreme Court orders RBI and Ministry of Finance to implement loan moratorium...

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With COVID 19 being declared as a pandemic by the World Health Organisation, Ministry of Finance and the RBI collectively took decisions to ease the issues faced by borrowers which were not imp...

Opportunity of hearing is a valuable right

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A plea of lack of opportunity to defend its case is a legal plea. The Supreme Court bench consisting of J. Sanjay Kishan Kaul and J. Hrishikesh Roy decided upon the matters of jurisdiction, nat...

Supreme Court rules out maintainability of an appeal against a foreign arbitr...

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The criterion for invoking section 34, 47 and 48 of the Arbitration and Conciliation Act, 1996 were discussed as a dispute arose between an Indian and Italian Company that was referred to the I...

Seniority is determined on the basis of date of appointment: Supreme Court

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Those selected and appointed through a prior selection would rank higher to those selected and appointed through a later selection process. The Supreme Court bench consisting of J. Indira Baner...

Quashing Of A Complaint Should Be An Exception Than An Ordinary Rule

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The law is well settled that Courts would not thwart any investigation. It is only in cases where no cognizable offence or offence of any kind is disclosed in the first information rep...

The transfer of trial from one state to another reflects on the State judicia...

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Except for compelling factors and clear situation of deprivation of fair justice, the transfer power should not be invoked.This remarkable judgement was passed by the bench of the Supreme Court...

Section 113-A of the Evidence Act would not automatically apply: Bombay High ...

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Mere fact that if a married woman commits suicide within a period of seven years of her marriage, the presumption under Section 113-A of the Evidence Act would not automatically apply. The legisl...

The High Court does not have appellate authority under Article 226 in case of...

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The High Court is not a court of appeal wherein a departmental enquiry is being carried against a public servant. The Supreme Court bench consisting of J. Dr. Dhananjaya Y. Chandrachud, J. Indu...

Delay in a procedure cannot call for dismissal of trial

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Mere delay in a criminal procedure cannot call for a dismissal of the prosecution, but should be given enough consideration too while delivering the final verdict. The High Court bench consisti...

State is no ordinary party trying to win a case against one of its own citize...

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The number of litigations in our country is increasing and the Central and the State Governments and their instrumentalities like banks, come to courts may be due to ego clash or to save the of...

Right to live with a person of his/her choice irrespective of religion profes...

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An individual on attaining majority has statutorily conferred a right to choose a partner, which if denied would not only affect his/her human right but also his/her right to life and personal ...

Election Petition can only be filed by an elector or a candidate: Supreme Court

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Only an elector or a candidate has the locus standi to file an Election Petition as their interest is at stake. The Supreme Court bench consisting of CJI. S.A. Bobe, J. A.S. Bopanna and J. V. R...

Two Indian Parties Can Agree To Submit To Foreign Jurisdiction For Arbitration

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The Court dealing with the proposition i.e. whether two Indians can agree to arbitrate out of Indian law, the Court relied on GMR Energy Limited vs. Doosan Power System India Ltd. & Ors., a...

Right To Property Is Not A Fundamental Right

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It has been observed over time and given the decisions of this court that the right to property has been severely undermined due to its character being that of a legal right and not a fundamental...

Refusing to severe the matrimonial ties would cause further mental cruelty to...

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he mental pain, agony, and suffering caused by the false accusations, other spouse cannot be asked to put up with the conduct of the spouse and to continue to live, was held in case of &nb...

Reasonable opportunity to defend is the first principle of civilized jurispru...

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Reasonable opportunity should be given to an individual to defend herself/himself in order to uphold the principles of natural justice. The Supreme Court bench consisting of J. Abdul Nazeer and...

The Duty and Power to regulate allocation of symbols would vest with the Elec...

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Election symbols are considered essential in a country like India where the literacy level of voters is not satisfactory. It is also a statutory requirement under the Conduct of Elections Rules...

Winding up orders to operate in favour of the creditors of a company: Supreme...

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A creditor or a group of creditors can be considered as a party to an application seeking transfer of case from the High Court to the National Company Law Tribunal regarding the winding up of a...

Media Trial is toll on Fair Trial

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In the biggest democratic country like India, the administrative bodies those including legislative, executive and the judiciary are viewed as the three pillars of the constitution while media ...

The Farm Bill, 2020: How prosperous today's farmer is

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This article discusses the aspects of the three Farm bills which has recently been passed by the parliament. We have incorporated the previous laws which gave way to this new law which has beco...

Insolvency and Bankruptcy Code 2016-An assessment and procedure involved

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This article mainly focuses on the Insolvency and Bankruptcy Code, 2016, It is a detailed assessment of the code. This paper also explains the procedure of recovery of the Non-performing assets...

Mere presence or absence of a large number of witnesses cannot be the basis o...

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The quality of witnesses should be the criteria under Section 134 of the Evidence Act, rather than the number of witnesses, considering how common it is for witnesses to turn hostile in a trial...

Basic Concepts of Mergers and Acquisitions

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Merger and acquisition, these two words we often associate with the company laws. Thus from the six-lettered word merger, we may develop the presumption that it stresses on the fact that two en...

Arbitral Tribunal cannot affect the rights and liabilities of third party sec...

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In view of the position of law laid in SBI v. Ericsson, it would not be permissible for the learned Arbitral Tribunal to issue any such direction as would prejudice the rights of such third par...

All about Anticipatory Bail Law in India

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Bail flows from the right to liberty which is the natural right and also the fundamental right of an individual. The provision of anticipatory bail under Section 438 was introduced when Code ...

Condition Precedents, Important Actions And Remedies For False / Fake Cheque ...

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Today the false and fake cases are more than the genuine ones. Most of the Negotiable Instruments courts are flooded and burdened with cheque bounce cases filed under Section 138 of the Negotia...

Unmasking the Labour Code of 2020: Prime Legal

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Universally the power structure in the society has always been weighed towards the haves and therefore, the have-nots of the society need protection from exploitation. This is applicable f...

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Popular Articles by Prime Legal

Basic Concepts of Mergers and Acquisitions

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Merger and acquisition, these two words we often associate with the company laws. Thus from the...

Waiting for Legislative Assent on the Ri...

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The internet never sleeps and the internet never forgets In light of the realities of our curr...

Seniority is determined on the basis of ...

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Those selected and appointed through a prior selection would rank higher to those selected and ...

India: An Emerging Superpower

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The present article tries to draw a real picture of India's dream of becoming a superpower, Ind...

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