Skip to main content

Posts

Showing posts with the label Lawyer's corner

The Legal Dimensions of Gold and Silver Investment Amidst Predictions of Soaring Prices

  The Legal Dimensions of Gold and Silver Investment Amidst Predictions of Soaring Prices By: Amarjit Kaur Khurana Introduction Gold has historically been seen as a safe-haven asset, a store of value, and a hedge against inflation. In India, the fascination with gold transcends economic cycles—rooted deeply in culture, tradition, and investment portfolios. As per recent market predictions, gold prices may reach unprecedented levels, with some analysts forecasting gold to touch 8,00,000 per kilogram in the near future. Silver, too, is following a similar trajectory, gaining momentum as a precious metal of choice for investors due to its industrial demand and affordability compared to gold. While these predictions excite bullion traders and investors, they also raise several legal, regulatory, and taxation considerations that are often overlooked. This article explores the legal landscape surrounding gold and silver trading, investment, inheritance, and compliance in li...
  Navjot Singh Sidhu- given ‘Out’ by judicial DRS Amit Jaiswal*             On 19 th May, 2022 curtains finally came down to a 34 year court case when the Supreme Court sentenced a former Parliamentarian and a former cricketer Navjot Singh Sidhu to undergo one year rigorous imprisonment in a road rage matter.             On 27.12.1988 a dispute arose on the right of way between accused Navjot Singh Sidhu and Rupinder Singh Sandhu one side and Gurnam Singh (deceased) and Jaswinder Singh on the other side.   Allegations were that Sidhu and Rupinder S. Sandhu inflicted fist blows to the victim side and after receiving blows Gurnam Singh fell on the road and he was taken to Rajendra Hospital, Patiala in an unconscious state by Jaswinder Singh where the doctors announced him dead.    A Board of Doctors was constituted which gave its final opinion:- “Death...
Short-sentencing the convicts - Legality and Legitimacy Amit Jaiswal*   It is spirit and not the form of law that keeps the justice alive - Earl Warren, Chief Justice of the United States (1953-69)               The eleven persons convicted of multiple murders and gang rape walked free out of Godhra sub-jail on 15 th day of August, 2022. These persons were convicted of heinous crimes of gang raping a pregnant woman, brutally killing her 3 year old daughter by smashing her head on the ground and 6 other persons on 3 rd March, 2002.   The story thereafter is of great struggle to bring the guilty persons to books.   Supreme Court ordered CBI investigation into the crime and the relentless struggle of the victim, with the help of human right groups and her lawyers, bore fruit when on 21 st January, 2008 CBI Special Court at Mumbai convicted 11 persons for gang rape, murder and unlawful assembly and sen...

Language of Justice-II

  Amit Jaiswal* Recently a news report appeared in the Indian Express that the Governor of Haryana, on the request of State government, has sent his recommendation to the President of India for his consent which will authorize use of Hindi language in proceedings before the Punjab & Haryana High Court. This move will have sweeping effects on the justice administration system in our Country and needs broader discussion which the government has totally avoided. At present the judicial system in India is well developed, integrated and uniform throughout the Country.   Lawyers as well as the Judges all over India have the benefit of easy access to the views of other High Courts on similar legislations and other matters of law and constitution.   Presently, the Judges from one High Court are transferred to other High Courts throughout the India seamlessly.      This has given a unified structure to the Indian judicial system and laws are uniformly appl...

LANGUAGE OF JUSTICE

Amit Jaiswal * Recently the Haryana Government amended Haryana Official Language Act, 1969 and inserted Section 3-A in the Act which is as under:- “3-A. use of Hindi in Courts and Tribunals: (1) In all the civil courts and criminal courts in Haryana subordinate to the High Court of Punjab and Haryana, all revenue courts and rent tribunals or any other court or tribunal constituted by the state government, work shall be done in Hindi language.” The Governor of Haryana has also sent his recommendation to the President of India, in terms of Article 348(2) of Constitution of India, for his consent which will authorize use of Hindi language in proceedings before the Punjab & Haryana High Court. This issue has far reaching affects and requires a deeper look into our judicial system. British Rule in India introduced the Common Law system of England which provides basis of our present day legal system. The space doesn’t permit to recount all the milestones on judicial timeline....

ICO And Its Legal Framework – The Real Atmanirbhar Bharat Package The MSMEs And Startups Are Actually Looking For: By Aayush Arora, Advocate

  ICO And Its Legal Framework – The Real Atmanirbhar Bharat Package The MSMEs And Startups Are Actually Looking For What Is An Initial Coin Offering (ICO) And How Does It Facilitate The MSME? An MSME especially at its start-up and survival stage requires adequate working capital and funds to keep it afloat. The same is done predominantly by way of seeking loans from financial institutions [1] usually by collateral financing from institutions such as Public Banks or NBFCs such loans are meant to be returned with compounding interests in a timely manner on default of which the lending institutions start exploring their legal options adding on burden of legal expenses in defending such proceedings initiated by the former leading to further cash burn. Other sources of raising capital for the MSME in India is by way of angel investor who might not just hold equity in the business but may also hold a dominant position enough to dictate terms about operations of the business. Money l...