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Is Fraud an Arbitrable Dispute? / Can Allegations of Fraud be Decided by an Arbitrator?
By Nazaqat Lal, Advocate & Solicitor, Bombay High Court nazaqat_lal@hotmail.com | October 25, 2022 INTRODUCTION In commercial transactions, there are often allegations of siphoning off of funds, lack of transparency in maintaining accounts and disposing of or encumbering property in a manner contrary to what was agreed upon between the ...
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APPLICABILITY OF SECTION 79A OF THE MAHARASHTRA COOPERATIVE SOCIETIES ACT FOR REDEVELOPMENT OF SOCIETY’S PROPERTY IN MAHARASHTRA
By Nazaqat Lal, Advocate & Solicitor nazaqat_lal@hotmail.com | Nov 05, 2021 INTRODUCTION Buildings of co-operative housing societies are being redeveloped on a large scale in the state of Maharashtra. Prior to 2009, a number of complaints were received from members against managements of co-operative societies in which redevelopment was taking ...
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SALE OF HUF PROPERTY INVOLVING A MINOR
By Nazaqat Lal, Advocate & Solicitor nazaqat_lal@hotmail.com | Oct 26, 2021 Introduction Section 8 of the Hindu Minority and Guardianship Act, 1956 (“the Act”) provides that sale or transfer of immovable property of a minor requires the natural guardian of such minor to take prior permission of court. The section ...
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THE UNCERTAINTY AROUND CRYPTOCURRENCIES IN INDIA
By Isha Thakur, Advocate ishav1998@gmail.com | Oct 18, 2021 “Bitcoin was created to serve a highly political intent, a free and uncensored network where all can participate with equal access” -Amir Taaki, British-Iranian Programmer In the state of worldwide pandemic and imposition of subsequent phases of the lockdown, the country ...
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RIGHT TO DIE WITH DIGNITY
By Isha Thakur, Advocate ishav1998@gmail.com | Oct 06, 2021 “Life sans dignity is an unacceptable defeat and life that meets death with dignity is a value to be aspired for and a moment for celebration.” - CJI Dipak Misra The concept of right to life as envisaged under Article 21 ...
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EFFECT OF BEQUEST UNDER THE WILL TO AN ATTESTING WITNESS
By Nazaqat Lal, Advocate and Solicitor nazaqat_lal@hotmail.com | Nov 01, 2021 Section 63 of the Indian Succession Act, 1925 (“the Act”) requires a will to be attested by at least two witnesses. The attesting witnesses must sign or affix their thumb impression or mark, in the presence of the testator ...
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A GUIDE TO REVERSE MORTGAGES IN INDIA
By Aishwarya Vashishth, Lawyer 16jgls-avashishth@jgu.edu.in | Sep 21, 2021 Introduction “Reverse Mortgage” means “an agreement under which an owner of a primary residential property borrows funds from a Bank/Financial Institution (being the Lender) against the security of his ownership rights by mortgaging the same and receives Loan amounts by way ...
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TRADEMARKS, VIDEO GAMES & FREEDOM OF SPEECH
By Rishit Vimadalal, Advocate rishit@vimadalal.in | Sep 09, 2021 The purchase of any videogame comes with an implicit promise to transport you from your home to the virtual reality within your television screen. Developers are constantly looking to incorporate maximum authenticity and reality into their products; this involves the replication ...
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ANALYSIS OF THE OECD CONSULTATION DOCUMENTS ON THE BEPS ACTION 14 TO MITIGATE CROSS-BORDER TAX DISPUTES
By Jaisal Baath, BBA LL.B. (Hons) jaisalbaath@hotmail.com | Jul 06, 2021 Introduction In the 21st Century, cross border business is the highest it’s ever been and as such, disputes relating to which jurisdiction will have the taxing right on the cross border transactions being performed are also on the rise ...
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CAN TRANSGENDER PERSONS GET MATERNITY BENEFITS?
By Raagini Raghu 16jgls-rraghu@jgu.edu.in | June 25, 2021 Can the Maternity Benefit Act and Transgender Persons (Protection of Rights) Act be interpreted harmoniously to provide maternity benefit to transgender pers? The Maternity Benefit Act, 1961 ensures that women in the workforce are given a paid maternity leave for a certain ...
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