Legalfundaa

Introduction Tort is civil wrong. We all know that. We also know the notion of vicarious liability. It mean principal is responsible for agent's fault. It also mean that superior is responsible for action of sub ordinate. This is based on latin maxim "Qui facit per alium facet per se' and 'respondeat superior'. What we are going to discuss here is liability of government when their servants are involved in Tort. When officer during his duty cause some harm to you, can you get a compensation from government ? Or do you need to file for compensation against Officer ? Up to what extent government is responsible ? Is Government responsible everywhere (Position in England) ? We are going to answer some of these questions. The objective of this post is Meaning of Sovereign and Non sovereign function Position of Tortious liability in England Position in India Court judgements Conclusion Sovereign and Non sovereign function Sovereign functions are those for which state is...

Introduction There are 4 main parties in Insolvency and Bankruptcy Code 2016 (Hereinafter referred as IBC). They are Debtor(Corporate or individual), Creditor (Operational or Financial),  Insolvency Professionals. They are defined here for more details. Chapter VII of Part 2 and Chapter VII of Part 3, both contains the offences and penalties by various stakeholders in Insolvency Code. In this Post we will cover the offences by Corporate Debtor Individual/Firm Creditors Insolvency Professionals Bankrupt Other Offences  Offences by Corporate Debtor and Penalties  Concealment of Property by Officer of Corporate Debtor (Section 68) Offence If Corporate debtor had done below things within previous 12 months of starting insolvency process  (Insolvency commencement date) Willfully concealed property or part of property, or debt of Rs 10000 or more Fraudulently removed property or part of property worth Rs 10000 or more Willfully concealed the documents, or destroyed the doc...

Introduction Here is the simplistic hierarchy of the Courts. (JMFC stands for Judicial Magistrate of First Class) Not so serious cases are tackled by Lower courts. Serious cases are tackled by Sessions court.  We humans are not Gods. Courts are presided by humans and its possible that they can make a mistake. They should be remedy to people when courts commits  mistake. One of such remedy is Appeals. Remember this one, you don't have right of Appeal in all the cases even if you feel Court had committed some mistake. Criminal Procedure Code gives a right to appeal in specific circumstance.  CrPC provides circumstance when you CANNOT appeal. Apart from CrPC, constitution also have certain provisions related to Appeal. Specific laws like NIA Act, UAPA Act etc have provided separate procedure of Appeal.   In this post we will cover below things When you CANNOT appeal ? Who can appeal and for What purpose ? Appeals to Sessions Court Appeals to High Court Appeals to Suprem...