MowingtheLaw Profile

Latest Blog Posts

• Succession Certificates: Why Everything People Know about Them is Probably Wrong & Why that May be a Good Thing
  on Aug 31, 2016 in succession
  We all know what succession certificates are, or at least we think we do. The words ‘succession certificate’ brings to mind a document in nature of probate or letters of administration. Therefore, on the death of a member of a co-operative housin...
• Annihilation of Caste: The Best Solution? (Part - II)
  on May 30, 2016 in ambedkar caste Constitution of India mahatma gandhi lawyer prison
  (This is the second part of a two-part article. First part can be found here.)Relevance in Modern TimesDr. Ambedkar refers to caste as an “anti-social spirit” i.e.  the “spirit of protecting its own interests.” Although the Constitution...
• Annihilation of Caste: The Best Solution? (Part - I)
  on May 22, 2016 in ambedkar caste Constitution of India mahatma gandhi lawyer prison
  (This is the first part of a two-part article. Second part will be coming soon.)“...Turn in any direction you like, caste is the monster that crosses your path. You cannot have political reform, you cannot have economic reform, unless you kill this...
• Critical Review of the Lokpal and Lokayuktha Bill, 2011
  on May 11, 2016 in corruption lokpal bill
  Corruption is a malevolent practice that has to be dealt with very strictly, but  India is one of the most corrupt nations on the globe. Corruption has been a part of the society since the beginning. The fundamental idea of lokpal is borrowed fr...
• Buy Back of Shares by Private or Unlisted Company
  on Apr 18, 2016 in companies act 1956 companies act 2013 company law FEMA income tax act Reserve Bank of India SEBI
  The provisions relating to buy-back of securities, under the Companies Act 2013 namely sections 68 to 70, which have been notified, have now repealed the provisions relating Companies Act, 1956.Points to be noted:1. A company may buy-back its ow...
• Scope of Re-examination under Indian Evidence Act
  on Apr 14, 2016 in case laws indian evidence act procedural Supreme Court of India
  With increasing trend of appointment of Court commissioners to overlook witness examinations, lawyers are required to be more vigilant during depositions. Earlier, if any question beyond the scope of re-examination was put to a witness, the Judge wou...
• Procedures you need to know: Voluntary Winding Up of LLP
  on Apr 12, 2016 in companies act 1956 companies act 2013 company law limited liability partnership ministry of corporate affairs procedural winding up
  STEP 1 (CONSENT OF CREDITORS AND MAKING OF DECLARATION):-A. Making of DeclarationØ  The majority of its designated partners (being not less than two) must make a declaration in Form No. 2 verified by an affidavit to the effect that the LLP has...
• Over 750 Office Space Leases in Mumbai to Expire in 2016
  on Apr 9, 2016 in property Real Estate Transfer of Property Act
  The year 2016 is the year for taking up offices on lease basis. As per research conducted by PROPSTACK, a commercial real estate information and analytics company, the sums involved in the lease renewal, consisting of an average period of thirty-six...
• Capital Punishment, the Need or Necessity
  on Dec 7, 2015 in article 161 Article 21 article 72 code of criminal procedure Constitution of India judgements Supreme Court of India
  The present condition in India is such that one should support the abolishing of capital punishment in all cases, except for cases in which public conscience and national security is at stake. Crimes such as treason, rape and mutiny tend to create pu...
• Judicial Independence or Judicial Supremacy?
  on Dec 6, 2015 in article 124 Constitution of India high court judgements judiciary Supreme Court of India
  The Supreme Court has recently strike down NJAC (National Judicial Appointments Commission), a legal body that decides the appointment of Judges of Supreme Court and High Court. The Court in its categoric statement, held that the NJAC was ultra vires...
• Constitutional Validity of Triple Talaaq System
  on Nov 30, 2015 in article 14 article 15 Article 21 article 25 Constitution of India mohammedan law Supreme Court of India Uniform Civil Code
  On 16th October, 2015 the Supreme Court of India passed a verdict with regard to equal rights for daughter in relation to partition of ancestral properties in Hindu’s. The second part of the judgement however concentrated on the gender discriminati...
• HIV Stigma – The Modern Day Apartheid
  on Nov 27, 2015 in article 14 article 15 article 19 Article 21 article 41 Constitution of India hiv/aids right to health right to life
  Though HIV is widespread in almost all spheres of life, this paper will mainly focus on the stigmatization of AIDS victim in the public sphere. Finding a solution to these problems will lay a path to fighting such stigmatization in other areas of lif...
• Excess Reservation to Gujjars: Is it Costitutionally Valid?
  on Nov 27, 2015 in article 15 article 29 Constitution of India reservation Supreme Court of India
  In the land mark case of Indra Sawhney, Supreme Court laid down that reservation should  not be  more than 50%.While the famous case stands to be constitutionally correct, the Rajasthan Government gives 68% reservation to Guj...
• A Clipped Bird
  on Nov 26, 2015 in article 19 Constitution of India freedom of speech information technology it act 2008
  Freedom of speech and expression is a double-edged sword you can be offensive with it or you can use it to promote welfare. It’s undernourished of mankind remaining silent when you can identify problems and reflect a range of perspective with the r...
• Constitutionally of Making Casinos Legal
  on Nov 25, 2015 in advocates act gambling laws madras high court maharashtra
  The year 1976 marks a great year despite the emergency issues faced by the country. The Maharashtra Government was able to pass a historic piece of legislation which could make casinos in the state a possibility today. The Maharashtra Casinos Act, 19...
• Battling Transphobia: Providing Healthcare to All
  on Nov 24, 2015 in article 14 article 15 Article 21 Constitution of India right to health sex discrimination
  “Inside every man there is a potential woman and inside every woman resides a potential man.”― John Maxwell TaylorGender variant people mark their existence in India since various centuries, these communities have several indigenous identities...
• Time to re-think Capital Punishment: A regressive approach
  on Nov 22, 2015 in Article 21 capital punishment Constitution of India death penalty death sentence indian penal code punishment
  The following article is written by Rashmi Bishnoi, a 3rd year law student of Jindal Global Law School.“An eye for an eye will make the whole world blind”..Mahatama GandhiAt the United Nations where majority of countries said that it was time to...
• Is Death Penalty discriminatory?
  on Nov 20, 2015 in Article 21 capital punishment Constitution of India death penalty right to life Supreme Court of India
  The following article is written by Ms. Barkha Yadav.Straight after hanging of Yakub Memon the death penalty debate again resurfaced. Everyone is talking about whether it acts as a deterrent or not? Whether it should be abolished and if not then how...
• Sedition: An Anarchic Law Used to Suppress Freedom of Speech
  on Nov 14, 2015 in author bombay high court Constitution of India indian penal code judgements maharashtra
  "The following article is written by Mr. Rohan Yadav, a 3rd year law student at O.P Jindal University."(Image taken from here.)Sedition, defined as inciting of ‘public disorder’ or ‘hatred’ against a lawful authority, acts as a deterrent for...
• SC: Limitation Not a Preliminary Issue under Section 9A (Per Incuriam?)
  on Apr 22, 2015 in bombay high court case laws jurisdiction limitation Supreme Court of India
  Section 9A which was inserted by a State Amendment to the Code of Civil Procedure, 1908 provides that when at the hearing of application relating to interim relief in a suit, objection to jurisdiction is taken, such issue to be decided by the court a...