Promotion in service is not a fundamental legal right, but it can be a statutory or constitutional right under certain conditions. Here’s a breakdown of the legal position: No Fundamental Right to Promotion The right to be considered for promotion is recognized, but there is no absolute right to promotion itself. The Supreme Court of…
Prostitution is derived from the Latin word prostituere, which means to expose publicly. It is the practice of engaging in relatively indiscriminate sexual activity with someone who is not a spouse or friend in exchange for immediate payment in money or other valuables. Prostitutes can be female, male, or transgender, and prostitution can involve heterosexual…
Who is a corrupt Arbitrator? An arbitrator who, induced by personal gain and who disregards the duty of neutrality to influence the outcome of an arbitration submitted to his or her consideration. Notion on personal gain The word personal gain is to be broadly construed. It includes the prospective monetary and non-monetary rewards. The…
Winding up is the process of bringing a company’s life to an end and administering its assets for the benefit of its shareholders and creditors. A company or business may wind up for a variety of reasons, including insolvency or bankruptcy, the death of promoters, or mutual agreement among stakeholders. There are two kinds of…
In 1983, Section 498-A was enacted to safeguard married women from cruelty by their husbands or family members. It prescribes punishment for 3 years and a fine. Under this section, cruelty is defined as causing physical or mental harm to the woman’s body or health, as well as engaging in harassment in order to coerce…
An insurance policy, also known as a contract of adhesion Insurance coverage is a contract that takes the form of a policy. This policy protects an individual’s financial risks as a result of unforeseeable events. The policyholder is the insured. The insurer is also known as the insurance provider, insurance carrier, or underwriter. They provide…
Answer: It has been recently held by Hon’ble Supreme Court that parties to a contract who are Indian nationals or Companies incorporated in India can choose a forum for arbitration outside India. Nothing stands in the way of party autonomy in designating a seat of arbitration outside India even when both parties happen…
Reply: Reservation in promotion in public posts cannot be claimed as a fundamental right, the Honorable Supreme Court reiterated in a judgment recently. A Bench of Justices L. Nageswara Rao and Hemant Gupta observed that State Governments are not bound to make reservations. Even the courts could not issue a Mandamus directing States to…
Answer: Issuance of security cheques is a good defense which is also legally acceptable. But, you have to prove that the cheques in qestion were given by way of security and the same have been misused by the complainant. As there is a presumption under section 139 of Negotiable Instrument Act that there exists a…
The Hon’ble Supreme Court of India in its Judgment titled as Bajaj Alliance General Insurance Company Ltd. v/s Union of India & Ors Writ Petition No.534/2020 dated 16.3.2021 passed a number of directions regarding disbursement of compensation as well as speedy disposal of cases pending before the various MACTs. These directions are reproduced below: …