Anish Sinha

lex-o-pedia
Anish Sinha
What are the powers of the Director General to investigate complaints under the Competition Act?
The Director General under the Competition Act, 2002, investigates anti-competitive practices through powers like summoning individuals, accessing records, and conducting search and seizure. Landmark cases highlight the DG's pivotal role in safeguarding fair competition and consumer welfare.
lex-o-pedia
Anish Sinha
How are Evidence Appreciated and Admitted under Indian Law?
The appreciation and admissibility of evidence in India are governed by the Indian Evidence Act, 1872, and Bharatiya Sakshya Adhiniyam, 2023. This study examines key principles, judicial interpretations, and challenges shaping the role of evidence in ensuring justice.
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Anish Sinha
Decoding Legal Remedies: A Deep Dive into Review, Revision, and Appeal
Review, Revision, and Appeal are pivotal remedies in the Indian legal framework, designed to address judicial errors and ensure fairness. By examining their distinct purposes, statutory foundations, and judicial interpretations, they uphold justice and procedural integrity.
lex-o-pedia
Anish Sinha
How can Decrees Be Executed Effectively?
The execution of decrees under Order XXI CPC ensures judicial decisions are enforced effectively. Modes include delivery of property, attachment, arrest, receivership, partition, and monetary payments, upholding the rule of law and ensuring substantive justice.
lex-o-pedia
Anish Sinha
How do the Doctrines of Arrest and Attachment before Judgment operate in Civil Procedure?
The doctrines of arrest and attachment before judgment, codified under Order XXXVIII of the CPC, are safeguards to secure justice by preventing evasion or dissipation of assets. Courts apply these extraordinary measures with caution, balancing fairness and procedural integrity.
lex-o-pedia
Anish Sinha
What are the Judicial Commissions under the Code of Civil Procedure, 1908?
The Code of Civil Procedure, 1908, empowers courts to issue commissions under Section 75 and Order XXVI. These commissions address complex legal issues, gather evidence, and ensure procedural efficiency, aiding justice through specialized investigations and impartial reports.
lex-o-pedia
Anish Sinha
What are the provisions for custody and arrest under BNSS and CrPC?
Custody, as a cornerstone of the criminal justice system, ensures accountability while balancing individual rights. This analysis examines custody provisions under BNSS and CrPC, exploring judicial safeguards, reforms, and challenges to prevent abuse and uphold justice.
case-study
Anish Sinha
Case Study: Shri Mukund Bhavan Trust and Ors v. Shrimant Chhatrapati Udayan Raje Pratapsinh Maharaj Bhonsle and Anr.
The Supreme Court in Shri Mukund Bhavan Trust v. Shrimant Chhatrapati Udayan Raje Bhonsle (2024) held that courts must confidently reject plaints under Order VII Rule 11(d) CPC if barred by limitation, stressing that clever drafting can't bypass statutory deadlines.
lex-o-pedia
Anish Sinha
What is John Doe Orders?
John Doe orders address challenges posed by anonymity in legal disputes, particularly in intellectual property rights. Originating in English law, these orders empower courts globally to act against unidentified defendants, balancing rights with enforcement.
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Anish Sinha
The Global Imperative to Criminalize Ecocide: A Scholarly Inquiry into Environmental Justice
The proposal to criminalize ecocide as an international crime marks a pivotal shift in global justice. By recognizing large-scale environmental harm as a violation of planetary rights, it seeks to deter destruction, ensure accountability, and champion ecological integrity.
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Anish Sinha
Mimansa Sutras: Bridging Ancient Wisdom and Modern Jurisprudence
The Mimansa principles, rooted in ancient Indian jurisprudence, offer timeless methodologies for statutory interpretation. Balancing textual fidelity with ethical reasoning, they harmonize tradition and modernity, enriching contemporary legal frameworks and advancing equity.
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Anish Sinha
Nipping frivolous litigation in the Bud: Supreme Court’s landmark decision on Limitation
The Supreme Court’s landmark decision in Shri Mukund Bhavan Trust v. Shrimant Chhatrapati Udayan Raje Bhonsle reaffirms Order VII Rule 11(d)'s power to reject plaints barred by limitation, emphasizing procedural discipline to curb frivolous litigation and uphold judicial efficiency.
case-study
Anish Sinha
Case Study: Giriyappa & Anr. V. Kamalamma & Ors.
The Supreme Court in Giriyappa & Anr. v. Kamalamma & Ors. reaffirmed that Section 53A of the Transfer of Property Act requires strict compliance with statutory prerequisites, including a valid written contract, lawful possession, and willingness to perform obligations.
case-study
Anish Sinha
Case Study: Indian Maritime University v. Smt. Nimmia Kundlia and anr.
The State Consumer Disputes Redressal Commission ruled that the District Commission lacked jurisdiction over a fee refund dispute involving the Indian Maritime University. It also held that educational institutions are not "service providers" under the Consumer Protection Act.
lex-o-pedia
Anish Sinha
What is Judicial Notice under the Bharatiya Sakshaya Adhiniyam, 2023?
Judicial notice under the Bharatiya Sakshaya Adhiniyam, 2023, enables courts to recognize facts universally accepted or easily verifiable without formal proof, such as laws, treaties, or public holidays. This promotes efficiency while ensuring fairness in legal proceedings.
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Anish Sinha
Data Privacy and Competition Law: Uniting Forces in the Digital Age
Data privacy and competition law converge in the digital age, addressing market dominance and personal data misuse. This article explores their synergies, conflicts, and the need for integrated regulations to foster innovation, ensure fairness, and protect rights.
lex-o-pedia
Anish Sinha
What is the process of Admission under the Bharatiya Sakshya Adhiniyam, 2023?
The Bharatiya Sakshya Adhiniyam, 2023, governs admissions under Sections 15-21, defining them as oral, written, or electronic statements relevant to legal disputes. It balances evidentiary value with fairness, addressing admissibility, relevance, and confidentiality.
lex-o-pedia
Anish Sinha
Is expert testimony an important aspect of the Indian legal system, and how are Sections 39 and 40 of the Bharatiya Sakshya Adhiniyam, 2023 relevant to it?
Expert testimony is vital in complex cases requiring specialized knowledge. Sections 39 and 40 of the Bharatiya Sakshya Adhiniyam, 2023, govern the admissibility and scope of expert opinions, ensuring their relevance and reliability in legal decisions.
What is the Burden of Proof under the Bharatiya Sakshya Adhiniyam (BSA), 2023?
lex-o-pedia
Anish Sinha
What is the Burden of Proof under the Bharatiya Sakshya Adhiniyam (BSA), 2023?
The Burden of Proof under the Bharatiya Sakshya Adhiniyam (BSA), 2023 places the responsibility on the party asserting a fact to provide evidence supporting it. Sections 104-114 govern this obligation, ensuring fairness in legal proceedings by preventing baseless claims.
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Anish Sinha
GIFT City: A Gateway to Global Financial and Educational Innovation
GIFT City, India’s smart financial hub in Gujarat, blends advanced infrastructure with a dynamic regulatory framework. It fosters global collaboration in finance and education, attracting top foreign universities and investors, and positioning India as a global innovation leader.
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Anish Sinha
The Supreme Court’s landmark judgment in Arif Azim Co. Ltd. v. Micromax Informatics FZE: A Deep Dive into the Distinction between 'Seat' and 'Venue' in International Arbitration
The Supreme Court in Arif Azim Co. Ltd. v. Micromax Informatics FZE clarified the distinction between the 'seat' and 'venue' in arbitration, reinforcing party autonomy and defining Dubai as the seat under UAE law, limiting Indian courts' jurisdiction.
case-study
Anish Sinha
Case Study: Rabindra Kumar Chhatoi v. State of Odisha & Anr.
In Rabindra Kumar Chhatoi v. State of Odisha, the Supreme Court ruled that the backyard of a private house does not qualify as a "public view" under Section 3(1)(x) of the SC/ST Act, discharging the appellant from charges of caste-based abuse and related IPC offences.
Case Study: Nalin Choksey v. Commissioner of Customs, Kochi
case-study
Anish Sinha
Case Study: Nalin Choksey v. Commissioner of Customs, Kochi
In Nalin Choksey v. Commissioner of Customs, the SC held that subsequent purchasers aren't liable for customs duty evasion by importers. It ruled that liability arises at importation, not ownership transfer, and set aside duties imposed on the appellant.
India’s Trade Deficit: Understanding the Complexities and Path Forward
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Anish Sinha
India’s Trade Deficit: Understanding the Complexities and Path Forward
India’s trade deficit reflects growing domestic demand and structural challenges like energy reliance and tech imports. Strategic policies, export diversification, and investments in renewable energy and manufacturing aim to balance trade and drive sustainable growth.
Case Study: State of NCT of Delhi v. Mohd. Jabir
case-study
Anish Sinha
Case Study: State of NCT of Delhi v. Mohd. Jabir
The Supreme Court in State of NCT of Delhi v. Mohd. Jabir upheld procedural compliance under Section 50 NDPS Act, ruling that using "any" instead of "nearest" Gazetted Officer doesn’t invalidate the search if substantive rights aren’t prejudiced. Bail was revoked.
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