shubham budhiraja

PARA LEGAL VOLUNTER

DELHI STATE LEGAL SERVICE AUTHORITY

A Simple Human being with some Education of mind and soul.

My Social Profiles
  • profile
  • resume
  • Achievements
  • My Articles
  • contact me
  • 1516
Profile
About Me

A Simple Human being with some Education of mind and soul.
Click here for more

Industries Expertise
Areas of practice
AutoBiography

shubham budhiraja: Know more about me

Soft skills
%
Favourite Books
%
Hobbies
%
Language Skills
%
Miscellaneous Skills
%
My Resume
Download My Resume
Experience
  • PARA LEGAL VOLUNTER 09-11-2018 - Present
    DELHI STATE LEGAL SERVICE AUTHORITY

    PRE-LITIGATION SETTLEMENT , ASSISTANCE ON POLICE STATION ON CHILD-MISSING CASES

  • ASSOCIATE COMPANY SECRETARY 29-05-2020 - Present
    ICSI

    CIVIL, CONSUMER, NI, RERA, IBC, CCI, ROC ADJUDICATION


Education
  • BCOM(H) 01-03-2019 - 31-03-2019
    RAMANUJAN COLLEGE, UNIVERSITY OF DELHI

    2013-2016

  • COMPANY SECRETARY 26-04-2019 - 26-04-2019
    ICSI

    2013-2017

  • LLB 26-04-2019 - 26-04-2019
    FACULTY OF LAW, UNIVERSITY OF DELHI

    2019-PRESENT


Awards
  • Certificate of Participation 2019
    Banaras Hindu University

    Represented law center-II, University of Delhi and Went till Quarter Finals at National Moot Court Competition , Banaras Hindu University

  • Marks Sheet 2019
    Law Center-II

    Secured Third Rank in Semester-one , Law center-II, University of Delhi

  • Best Presenter Male 2020
    NIRC, ICSI

    MSOP


shubham budhiraja: Know more about my achievements

  • All

shubham budhiraja: Read My 82 Published Articles


M/S A, importer & exporter, booked British Airways to send cargo of fruits and vegetables to Canada via London. Due to bad weather, the flight couldn't landed in Canada and goods damaged. British Airline offered to settle 50%. M/s A raised the claim and filed civil suit for recovery of damages. The Airline raised preliminary objection of limitation as suit was filed after expiry of 2 years, as......

Read More

A, B and C, shareholder has filed Oppression Mismanagement petition against the Company. The Company filed application raised objection of maintainability for lack of 10% equity. Company Court allowed the application and dismissed the petition. The Hon’ble Delhi High Court set aside the order and held that once it is accepted that the shareholder can also challenge the transfer of shareholdi......

Read More

ABC cafe was called upon by Delhi police with a show cause notice (SCN) on the ground that they are operating beyond the permissible time duration and various FIR has been filed. On non-compliance of it, Jt. Commissioner of Delhi Police issued SCN calling for suspension of license. ABC cafe challenged the SCN arguing that the police commissioner has no power to suspend it. The High Court rejected ......

Read More

A took a Loan from Bank and defaulted. B issued notice under SARFESI and took symbolic possession of property. To get physical possession, it filed application under section 14 to take help of DM/CMM. Aggrieved by delay in deciding this application, Bank filed writ in High Court wherein CMM cited that due to long pendency of cases, it is not practical to decide the application within 30 days. HC h......

Read More

A married B and a child are born out of wedlock. While child was 2 months old, Husband B died. A married C and changed the surname of child with that of new father C. Biological Grandparents of Child petition under Guardianship act seeking themself as Guardian of Child. The trial court dismissed the petition calling mother as natural guardian. The High Court in appeal directed the mother to change......

Read More

A took marine Insurance from B. The Ship sank and A filed its claim. National Consumer Disputes Redressal Forum (NCDRC) allowed the claim relying on statements of crew members of ship and on reason that there is 2 year delay in survey report. The Supreme Court set aside the NCDRC order holding that delay per se cannot be deficiency. There are contradictions in statements of crew members which cann......

Read More

A, electricity company, had an award from APTEL of Rs.1000 crore in its favor but same is being challenged at Supreme Court. Meantime, B, Bank, filed section 7 IBC against A for default of 500 crore. A filed M.A application seeking stay of IBC till Supreme Court decide APTEL appeal. The NCLT and NCLAT dismissed the M. A on reason that Section 7(5) only requires debt as due and payable and other fa......

Read More

A Hotel granted license in favor of B to run the shops in accordance with License Agreement, A revoked the license after serving revocation notice. B filed suit for seeking declaration that license is irrevocable, A opposed the suit by filling section 8 application stated that there is pre-existing arbitration clause. B realized that A had created few mortgage in favor of Banks. B filed applicatio......

Read More

Trust A & Trust B & Company C took loan from the Bank wherein CD given corporate guarantee. The Bank took action under SARFESI, DRT, HC and then IBC against CD. NCLAT remand the matter to NCLT to decide afresh because Bank seems to doing forum shopping to build pressure of recovery. Recovery is not aim of IBC. The Bank is involved in forum shopping to the multiple ‘Courts/Tribun......

Read More

Bank issued loan to company A which defaulted and bank took action under SARFESI and auction conducted and part payment made. Meanwhile, section 10 petition admitted by the NCLT during moratorium, bank accepted the part payment from auction purchaser. It is the contention of Bank that sale gets complete on first payment which occurred prior to CIRP order. Hon’ble Apex Court held that recover......

Read More

Mr. A invested the amount in the Company owned by Mr. B however dispute arises between the parties and it was agreed that Mr. B will pay back the amount on buying shares from Mr. A. The cheque issued by Mr. B to Mr. A for shares payment got dishonored and Mr. A filed 138 NI complaint whereby trial court order summons. Mr. B filed Section 482 petition to quash the petition on basis that there is no......

Read More

Company-A and Company-B entered into a service agreement as per which Company- B to provide the housekeeping, staff, and guard services at all offices of Company-A in India. The agreement further requires Company-B to furnish compliance proof of payment of ESI, PF of the employees deputed. The Dispute arises on payment of dues and matters reach arbitration. The Arbitral tribunal allowed the claim ......

Read More

Mr. A given his land to the municipality on premise that he will be compensated if he allows construction for road purpose. Having denied so, he filed writ petition whereby HC held that there is no surrender of land however division bench held that burden is on A to show that land was not surrendered. The apex court held that two conditions to take away right to property, one being public purpose ......

Read More

Case Study:Company-A invited tenders for the construction of Hospitals at various locations in India. Company-B was accepted as the successful bidder and the Contract was executed between them pursuant to letter of award. Company B instructed the Bank to issue 3 unconditional Bank guarantees in favor of Company A ‘for the purpose of main contract between A & B’. Company A issu......

Read More

Case:A and B enters into dealership agreement as per which either party can terminate the agreement by giving 60 days’ notice. A, the manufacturer, terminated the agreement and B filed section 9 petition before Hon’ble High Court seeking restrain on actions pursuant to termination. A took its defense that in terms of exclusive jurisdiction clause, only courts in Chennai can decide the ......

Read More

Mr. A and Mr. B enter into an agreement for construction of a mall. A sub-lease the property to C to carry on its outlet in the mall, during the year, Govt. declared service tax on the sub-lease and therefore Mr. A raise the demand of service tax from C for payment to the govt. Mr. C denied it. Mr. A filed section 11(6) for appointment of arbitrator, which was defended by Mr. C on ground that (I) ......

Read More

A took the Fire Insurance policy and filed a claim before an arbitrator against the Insurance company. A filed claims of R.s. 100 towards plant and machinery whereas surveyor assessed R.s. 80 but the arbitrator allowed and granted R.s. 90. The Insurance Company challenged the award on the basis that there is a case of under insurance as per surveyor report and therefore award of R.s. 90 not justif......

Read More

A and B went into the arbitration and arbitrator decided in favor of A. The arbitrator awarded the amount in foreign currency. During the execution of award, dispute arises on date of which conversion rate should be taken. It was held that court cannot go behind the decree in execution. Where agreement is silent then conversion rate will be taken of date of decree become final. It is not necessary......

Read More

A filed suit against B for infringement of his trademark whereas B filed its written statement along-with application under Order 7 Rule 11 for rejection of the plaintiff for lack of cause of action. B took the plea because he is a prior user of the mark and there is no infringement. The Trial court dismissed the application. The Hon’ble HC under Article 227 confirmed the trial court order a......

Read More

Ms. A (Mother) executed a Will in favor of his elder son Mr. C and died in year 1995. Mr. B (Father) executed the registered will and died in year 2005. The Elder son died Mr. C in year 2005. The other son Mr. D filed a partition suit to divide the family property whereas wife of elder son Mr. C filed petition to probate the Will of Mother and Father. The Court Probated the Will. The High Court se......

Read More

Whether Arbitrator can allow damages for delay in completion of project when parties have agreed otherwise in the agreement? A and B enter into a contract whereby A agreed to complete the project within the timeline, the parties also agreed on a clause that in case there is any delay in completion then other party will not be entitled to any damages. A delayed in completing the project by 3 year......

Read More

Can you force the Law faculty to consider you under CW category after the results when you earlier applied under SC category? Petitioner having knowingly chosen to apply under the reserved category of Scheduled Cast (SC) cannot now be permitted to contend that he had mistakenly failed to mention that he was a CW category candidate. In fact, it appears that the petitioner took his chance as a ......

Read More

The Editor of a newspaper published the news and disclosed the identity of the child victim. The mother of victim filed a criminal complaint under section 23 of POCSO act against the editor. The police investigated and submitted the report to the special court who took cognizance of the same. The editor filed petition under 482 CRPC for quashing the complaint on basis that because section 23 POCSO......

Read More

The cultural practice and religious practice are not the same concepts. Wearing Hijab is not mandatory (Farz) but only recommendatory in Islam. Therefore, Wearing Hijab is not an essential religious practice under Islam. The court cannot look beyond the religious doctrines to decide ‘whether a practice amounts to essential religious practice. Personal Views This Judgment may soon be ch......

Read More

Mr. A, Partner in LLP filed suit against Partner B praying access to the business accounts of few clients. The commercial court rejected Order 7 Rule 11 application challenging jurisdiction. The Delhi High Court under Article 227 set aside the order and held that parties by agreement cannot confer jurisdiction if it inherently lacks. Mere because some of business is in Delhi, that per se will no......

Read More

Mr. A resigned from the coaching center-I without giving 3 months’ notice and joined coaching center-II. Section 9 petition filed to restrain him to serve the coaching center-II unless 36 months lapsed as per the agreement. The court refused the prayer because the contract is determinable and specific relief of mandatory injunction cannot be allowed. Even, the Interim injunction/ restraint o......

Read More

A and B enter into a collaboration agreement, the contract terminated by B. That A filed suit for specific performance against B seeking specific performance and perpetual injunction. The district court and High Court held that specific performance cannot be granted as it is a continuous contract but allowed perpetual injunction. The Supreme disallowed A's plea of getting damages because as per se......

Read More

Company A defaulted in depositing PF of its employee. The labor officer inspected and imposed penalty of Company A. The Company A contended that it had no bad intention for not depositing the same and thus in absence of mensrea, the penalty being a criminal consequence cannot be imposed. The Supreme Court held that mens rea is not an essential element for imposing penalty for breach of civil ......

Read More

Whether the (separate living) wife visiting  to the matrimonial home for the last rituals of mother-in –law can prove the resumption of marital relation between Husband and Wife? A and B married in June 2009. After 13 days, both are living separately till today. Though she came to visit matrimonial home at time of mother in law death The Supreme Court held that desertion is proved beca......

Read More

A has been allotted flat by the society in 1981. B (A's wife) sworn an affidavit in year 1983 that she or her spouse has not been allotted any flat in Noida. The society allotted flat to her as per rules.  As per rules, no society member can be allotted more than one flat.  B filed suit for deceleration against society and trial court allowed the decree in favor of B and High Court confi......

Read More

In a commercial suit for patent infringement, A filed an application seeking production of third party agreement of B. The Commercial Court allowed the same. A filed application under Order 43 R1 seeking review of the order, it is B’s contention that when interrogatories were already refused, there was no need to allow production of third party agreement because as per pleading, it has no re......

Read More

The theft has occurred and the FIR was lodged immediately by the insured with the police station who in turn submitted the untraced report. After 5 months from date of theft, the insured filed claim before the Insurance Company who repudiated the claim on the ground that the insured failed to intimate the insurance company within reasonable time. The consumer filed complaint before District forum ......

Read More

Can You Ignore the Liability Arising out of an Object clause in MOA in absence of any alteration been made in MOA? NO Can you prove Operational Debt in absence of any Invoice? YES Whether purchaser of Goods can also be an operational creditor under IBC? YES   A and B enter into a contract to execute a project, A contracted with C (proprietor concern)  and p......

Read More

Bank given loan to Mr. A and its company for purpose of purchase of machinery by A for its company, A defaulted in loan and went into financial difficulty. NCLT passed the liquidation order against A's company.  The Bank also invoked arbitration clause against A. Bank filed section 156(3) against A for registration of FIR but CMM refused it and Criminal revision also refused it. The HC held t......

Read More

Mr. A when he was a student of ICAI and during his days of CPT, he was booked under Section 376(2) (g), Section 354 & Section 506-II of IPC, However, post his membership as CA, he was convicted under those sections but the HC modified the conviction to 7 months only. Thereafter ICAI issued show cause notice to Mr. A to disqualify him to practice as CA because of his conviction as moral turpitu......

Read More

Daughter / widow will have share in self-acquired property through inheritance. Right of a widow or daughter to inherit the self-acquired property or share received in partition of a coparcenary property of a Hindu male dying intestate is well recognized not only under the old customary Hindu Law but also by various judicial pronouncements The main scheme of this Act is to establish ......

Read More

Injunction Application filed by A against Bank & B for seeking restraint against B and Bank to en-cash the letter of credit (LC) for reason that B has supplied the defective products in shipment. Therefore the Bank should not allow LC in favor of B. The HC held in its original jurisdiction under commercial court held that the LC cannot be restrained. The defective supply of goods by B is by mo......

Read More

Can you ask the bank to pay interest on delayed payment for your bond if the delayed on part of Bank was caused due to RBI Notification ? SIDBI purchased bonds and there is dispute pending in court with regard to payment. The Bank made the payment but at delayed time. The SIDBI asked for interest on delayed payment. The Apex court held that SIDBI cannot claim interest on delayed payment because R......

Read More

A & B enter into sale purchase agreement as per which coal is to be supplied, B through email raised issue of quality and there after A stopped the supply. A after 2 years served section 8 demand notice and after receipt of same, B filed suit for damages caused due to poor quality of coal supplied by A. The NCLT & NCLAT held that there is no pre-existing dispute because suit is filed ......

Read More

Section 7 admitted by NCLT, confirmed by NCLAT and apex court. NCLT approved the plan under section 31. RP filed an application under section 60(5) for directing banks to reverse the amount they deducted during moratorium. NCLT allowed. NCLAT held that banks in the name of regular payments cannot deduct amounts just because a corporate debtor has liquidity. One of terms of the resolution plan......

Read More

Can Resolution Professional itself decide the fate of resolution without constituting the committee of creditors?Section 9 petition admitted by NCLT & Mr. A appointed as resolution professional. The Resolution professional did not constitute the COC for the simple reason that there is only 1 financial creditor and the company is solvent, therefore it will not be fruitful to let the company go ......

Read More

Covid-19 third wave is on its door in India. Is it a good time to draw a will so that your loved ones don’t devolve into blood war for property rights? The trial court dismissed granting letter of administration/ probate but High Court allowed in appeal. The Supreme Court[1] set aside the HC Judgment and held that the will was executed in suspicious circumstances because the testator was bi......

Read More

Mr. A has had loan account with the bank which is declared as NPA for defaults in repayment. The bank issued circular inviting one time settlement (OTS) scheme to settle the default loan accounts as per which 20% of debt to be paid up-front. Mr. A applied for OTS but bank denied the same. The HC issued mandamus against bank directing it consider the OTS application positivity because Mr. A meets t......

Read More

Mr. A appointed as IRP by NCLT, Delhi in matter of CIRP of XYZ Limited. Mr. A appointed Mr. B (Practicing Company Secretary) for purpose of helping Mr. A in verification of claims of creditors (as required to be done as duty of IRP). Mr. A contend that since XYZ limited is a big concern and its claim documents are in huge volumes and verification process is time bound under IBC and therefore he as......

Read More

In Insurance matters, there are principally two kinds of Insurance namely; (I) Life Insurance & Health Insurance - Whole life insurance - Linked with Investment plan (II) Industrial Insurance - Fire & peril Policy (a) Cause of Fire (b) Loss on plant, machinery, stock, furniture (c) Exclusion clauses in policy - Business Interruption policy (a) period of interruption (b) pe......

Read More

There is a Share Purchase agreement between parties Mr. A & Mr. B and seller represented to the buyer/ investor that it warranties that all tax liability is paid. However during the subsequent years, the pending tax liability arose and that Mr. A being the buyer/ Investor who has Invested the heavy amount has to pay the tax liability out of company funds. He invoked representation and warranty......

Read More

There is a contract between Company A & Company B whereby Company B has developed a software at Company A system as a part of contractual condition. There arises a dispute and matter referred to arbitration where Company B stating that contract is void or voidable. The matter is pending for cross examination of witnesses of Company A. Company A filed a Section 17 application before the arbitra......

Read More

 (NCLAT, Company Appeal (AT) No. 148 of 2020, 21.06.2021) The company filed its Financials for year 2015-16 but it failed to file financials for year 2016-17, 2017-18 & 2018-19 and thereafter ROC issued show cause notice to strike off the company for non-filling of statutory returns for more than 2 years. The NCLT dismissed the order for restoration but NCLAT allowed the restoration on g......

Read More

Order 39 Rule 1 & 2 CPC Interim injunction suit filed by plaintiff against defendant for using the brand “RAJDHANI” on its Masala products Contentions of Plaintiff Contentions of Defendant Court Judgment (I) Co-owner of trademark from year 1996 when the father divided the trademark RAJDHANI through family settlement deed for different products between p......

Read More

I have divided this entire brief into few parts; History & Introduction Petitioner & Respondent contentions Judgment of the Court Road ahead HISTORY & INTRODUCTION The Dispute between Amazon and Future Retail and Reliance group has many facets. It is a battle to control the offline retail market between two dominant players. I.e. Amazon and Reliance Group Fut......

Read More

Can Banks make the Managing director personally liable for the dues of the company on basis of a cleverly drafted share pledge agreement?  Company A took credit facility from the bank and that the MD signed the credit facility agreement in its official capacity. In addition to it, MD pledges its 20,000 shares through share pledge agreement in favor of bank against the credit facility taken b......

Read More

The Delhi Govt. constituted committee to recommend on scheme to appreciate the role of advocates and to constitute a welfare scheme for them. The committee recommendations were accepted and Delhi CM Welfare scheme for Advocates brought into force. The conditions for getting benefit of this scheme were as follows: Enrolled with Bar council of Delhi Member of any bar association such as Pa......

Read More

There were riots occurred in North-east part of Delhi and as a result various people have lost their life and property. There were allegations regarding role of Facebook and its failure of control over the hatred content. The Parliament constituted a committee to look into this issue and as a result they summoned the Facebook India President & he appeared before it. The Legislative assembly of......

Read More

Firstly, this Judgment is one of first case when Supreme Court came heavily on Real Estate Company JP Secondly, those days Real Estate allottee were not considered as Financial Creditors because it is way before days of Pioneer Urban Thirdly, this Judgment is Post admission stage but controversy is with regard to jurisdiction of NCLT/ NCLAT to disturb the commercial wisdom of COC and Fourthly, ......

Read More

ABC Limited imported some products and claimed exemption from custom duty as per N/N but 2 years later, Department of Revenue Intelligence served show cause Notice under Section 28(2) of Customs act, 1962 demanding the exemption so claimed on ground that it was erroneously calculated because there were misrepresentation of facts. The Show cause Notice challenged before SC on ground that Department......

Read More

This Judgment is important not because it has brought end to the famous corporate battle but also because it has given light on various subjects such as; Power of Tribunal under the law Service Law aspects of contract of personal services and reinstatement Specific overruling and importance of consistency in pleadings and not to do multiple amendments How too much use of CPC c......

Read More

SUMMARY OF JUDGMENT The Covid-19 pandemic was an unexpected tragedy if not disaster to the entire world including Republic of India. India as mixed economy has socialistic as well as capitalistic obligations to ensure the balance between un-equals. The role of state as welfare state was duly tested and people have had legitimate expectations of waiver and relief from the Govt. concern. On same li......

Read More

1.       EMERGENCY ARBITRATION RECOGNIZED IN INDIAN LAW? YES, by virtue of Party autonomy 2.       CAN NON-SIGNATORY BE DRAGGED IN ARBITRATION? YES, by virtue of Group company doctrine EMERGENCY ARBITRATION IS WELL RECOGNIZED BY VIRTUE OF PARTY AUTONOMY Emergency Arbitrator is a sole arbitrator appointed by the Arbitr......

Read More

 MOHANRAJ & ORS v. M/S. SHAH BROTHERS ISPAT PVT LTD. 01.03.2021, APEX COURT COVERAGE SECTION 14 IBC SECTION 138 NI COMPOUNDING UNDER NI & CRPC INTER-RELATION MEANING OF CIVIL & CRIMINAL PROCEEDINGS OBJECTIVE OF MORATORIUM CASES WHERE EJUSDEM GENERIS AND NOSCITUR A SOCIIS CANNOT BE MADE APPLICABLE CONCLUSION Objective of Section 14 IBC is to keep the business of c......

Read More

The Cry Story of Related Party Resolved BACKGROUNDThe IBC recognizes that for the success of an insolvency regime, the real nature of the transactions has to be unearthed in order to prevent any person from taking undue benefit of its provisions to the detriment of the rights of legitimate creditors. RELATED PARTY UNDER IBC The expression ‘related party’ is defined in Section 5(24)i......

Read More

Search Conducted by GST Department and Fake Invoice collected on which company were collecting ITC. The Directors filed writ petition contending that the procedure of CRPC is not followed by GST Department. Court observation on inter-relation between GST & CRPC In Section 135 of the Act, it is provided that the presumption of culpable mental state is available against such persons. In Secti......

Read More

This Court’s jurisprudence has shown that usually the Courts do not overrule the established precedents unless there is a social, constitutional or economic change mandating such a development. The numbers themselves speak of restraint and the value this Court attaches to the doctrine of precedent. This Court regards the use of precedent as indispensable bedrock upon which this Court renders......

Read More

Future retail filed Order 39 Rule 1&2 Suit for Interim Injunction restraining the Amazon to interfere with the transactions happening between Reliance and Future retail on basis of the fact that the relief claimed by Amazon through emergency arbitration is non-Coram judice and thus inherently barred by jurisdiction of arbitrator.  Hence the main ground for praying Injunction is that the I......

Read More

A and B enter into a transaction where A has to supply goods and B has to provide payment for same.The part payment provided by B to A and Demand Notice served for remaining amount & cheques issued by B but remain unpaid. Thereafter winding up petition filed by A against B under Section 434 of 1956 Act and same is admitted and OL appointed who took sealed the premises and took over the managem......

Read More

At eve of Independence, Indian economy was a stagnant and backward economy facing stances of poor production and productivity. The large dependence on agriculture sector was a cause of concern for the state. India with a promise of a welfare state along-withits goal of growth and development had to revive this poor state of economy leaving behind by colonial government. The First Five year plan wa......

Read More

INTRODUCTION TO THE PROFESSION OF COMPANY SECRETARIES The very basic rationale for having a separate qualified company law professional was not only to ensure the compliance of management and board system but largely to take good care of 360degree attached to a company. I.e. consumers, vendors, authorities, Investors, creditors. This role was added with more responsibilities with transforming to ......

Read More

Directors cannot arbitrarily refuse the transfer of shares even when specific power is given by the Articles. The directors stand in fiduciary position and cannot act contrary to collective Interest of the company. The tribunal can test the reasons for refusal/ approval of transfers on ground of arbitrariness. Reese River Silver Mining Co. Ltd.’ V. ‘Smith’ (1869) LR HL 64. Sect......

Read More

1. POWER OF STATE GOVT. TO ORDER RE-INVESTIGATE 2. MAGISTRATE NOD FOR RE-INVESTIGATE 3. CONCEPT OF BAIL IN HABEAS CORPUS PETITION 4. RELEVANT DATE TO DECIDE ILLEGALITY OF DETENTION IN HABEAS CORPUS The A summary report filed to the Magistrate where case is re-Investigated on directions of superior and accused is arrested for this purpose. The Bail application u/s 437 filed but withdrawn. There......

Read More

Introduction Trainee and apprentice is not the same thing. There may be a situation where a person styled as apprentice but performing work of a normal employee and such a case he is not apprentice but trainee. Trainee is per se not an apprentice. Trainee is not excluded from the definition of an employee rather what excluded is apprentice.  Therefore the principal question is the claim of a......

Read More

Men, their rights, and nothing more; women, their rights, and nothing less Susan B Anthony, Known for her feminist rights   ABSTRACT The Protection of woman from domestic violence act was enacted in year 2005. This paper attempt to guide its readers through basic tenets of domestic violence law in India, the latest judicial position and enforcement mechanism. For the first time the parlia......

Read More

Digital images are no different from the droplets of rain that fall, merge, and then divide: there is no telling whether the droplets that split are identical to the droplets that came together to form the larger droplet[1]. INTRODUCTION Law may be divided into substantive and procedural laws. The laws by which rights, duties and liabilities are defined are called substantive law whereas laws wh......

Read More

INTRODUCTION Indian economy at eve of Independence was characterized as backward and stagnant economy coupled with poor Infrastructure, low productivity and Industrial failures. The Primary goal was to achieve self-sufficiency in matter of food security. Though there were plans (not goals) to achieve structural transformation and Industrial Policy of 1956 and Green revolution, 1960’s are in......

Read More

“Education imparted by heart can bring revolution in the society” -Maulana Abul Kalam Azad BACKGROUND:   The Right to education was initially not included as a fundamental right in the constitution of India and our founding fathers has included education as a Directive principles of state policy under Part IV of the constitution of India. Article 45 (unamended) Provision for ......

Read More

HISTORY & INTRODUCTION: The doing business has its origins way back to 2002 where first paper published in Quarterly Journal of Economics (Harvard University) by Simeon Djankov and others on titled – “The regulation of entry” in which they did analysis of 85 countries on various parameters and concluding the impact of entry barrier to a new business entity and its effect on ......

Read More

In 1832, John Austin lectures were published under the title – “The Province of Jurisprudence determined”  where it denied  Law, properly so called, as a  command of sovereign backed by the sanction.There are four basic elements of Austin theory of positive law- Sovereign, Command, Duty and sanction.  His theory is been criticized on various outcomes......

Read More

The Preamble traces its origins to even before the task of drafting the Constitution began. The foundations of the Preamble were laid down in the Objectives Resolution moved by Jawaharlal Nehru before the Constituent Assembly in December 1946.   The Objective resolution contained “India as an Independent Sovereign Republic and to draw up for her future governance a Constitution”......

Read More

INTRODUCTION: A State as defined in International law as “an Independent political entity occupying a defined territory, the members of which are united together for the purpose of resisting the external force and presentation of internal order”. However, the said definition paid emphasis more on Police functions of a state to protect the territory from external aggression. But the m......

Read More
  • 7502 Views
  • 11 Nov 2019
  • shubham budhiraja
  • GST,  Articles,  

 This article is pertaining to the developments under Indian law with regard to work contracts and its taxation aspects. It should be recorded here that the Seventh schedule of Constitution of India is a classic evident of federal character of Indian Constitution. The Power to legislate is clearly laid and separated by List-I, List-II and List-III. However, despite the lengthiest written cons......

Read More

Temporary provisions with respect to the State of Jammu and Kashmir (1) Notwithstanding anything contained in this Constitution,— (a) the provisions of article 238 shall not apply now in relation to the state of Jammu and Kashmir; (b) the power of Parliament to make laws for the said state shall be limited to— (i) those matters in the Union List and the ......

Read More

The Consumer Protection Act, 1986 (hereinafter CPA) is social legislation and cannot be interpreted in a technical manner as to take away its basic fundamental roots. On this note, I am obliged to share this landmark verdict decided by Hon’ble Federal court in the matter of  Emaar MGF Land Limited v.: Aftab Singh Review Petition (C) Nos. 2629-2630 of 2018 in Civil Appeal Nos. ......

Read More

BRIEF FACTS:- Petitioner defaulted in filing annual return and financials for the year 2014-15. However, default made good as the company filed its financials on 14.11.2017 (i.e, during FY 2017-18). While criminal prosecution was pending under section 137 of companies act, 2013 before Tis Hazari Court (Special Court), the company went into compounding before NCLT.   Important Note:- 1. Se......

Read More
  • 7220 Views
  • 15 Apr 2019
  • shubham budhiraja
  • Knowledge,  

This article pertaining to the core issue of the modern digital economy. It is undisputed fact that the constitution is a living document and so is the environment we live in. with this note on, this is to submit here that: In landmark verdict of Justice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India And Ors, it was held by 9 judge bench that Right to Privacy is a Fundamental right under Art......

Read More

Find me easily on Google Map

Contact info
  • Adress: 9/19A Moti Nagar, New Delhi-110015

  • Email: xxxxxxxxxx
  • Phone: xxxxxxxxxx
  • Website: https://www.blogger.com/u/1/blogger.g?blogID=5246917665109771392#allposts
  • Skype:
Follow me
Let's keep in touch