DR ANUPAM KUMAR MISHRA

  Insolvency Law in India | Anupam Kumar Mishra By Anupam Kumar Mishra Advocate | Supreme Court of India & High Courts Insolvency and bankruptcy proceedings involve significant financial and legal consequences for companies, creditors and other stakeholders. The Insolvency and Bankruptcy Code, 2016 (IBC) provides a structured framework for resolution of insolvency, subject to its statutory requirements and applicable judicial interpretation. Key aspects of insolvency proceedings 1. Identify the nature of the debt The relationship between the parties and the character of the debt—such as financial or operational debt—can be important in determining the applicable insolvency mechanism. 2. Examine default Documentary evidence concerning the debt, invoices, agreements, payment records, acknowledgements and the occurrence of default may become critical. 3. Understand the statutory process IBC proceedings involve specific requirements concerning applications, notices, admission, mor...

  Arbitration in India | Anupam Kumar Mishra By Anupam Kumar Mishra Advocate | Supreme Court of India & High Courts Arbitration is an important dispute-resolution mechanism in India, particularly in commercial relationships where parties have agreed to resolve disputes through arbitration. Key points in arbitration 1. Arbitration agreement The existence and scope of an arbitration agreement are fundamental. The relevant contractual clause should be examined carefully before initiating proceedings. 2. Appointment of arbitrator The applicable agreement and law determine how an arbitrator may be appointed and what procedure should be followed. 3. Scope of the dispute Not every disagreement automatically falls within an arbitration clause. The nature of the dispute and the wording of the agreement require careful examination. 4. Evidence and pleadings Contracts, invoices, correspondence, payment records, notices and other documents may become important during arbitral proceedings. ...

  INTELLECTUAL PROPERTY DISPUTES IN INDIA: PROTECTING BRAND, CREATION AND COMMERCIAL VALUE By Advocate Anupam Kumar Mishra Advocate | Supreme Court of India & High Courts Intellectual property can represent substantial commercial and creative value. Trademarks, copyrights, patents, designs and other intellectual property rights can become the subject of disputes involving ownership, infringement, licensing, commercial use and unauthorised exploitation. An effective IP strategy begins with understanding what is protected, who owns it, how the right is documented and what conduct is alleged to violate that right . Key aspects of IP disputes 1. Identify the intellectual property The first step is to determine whether the dispute concerns a trademark, copyright, patent, design or another legally protected interest. 2. Establish ownership Assignments, employment arrangements, licences, registration records, contracts and other documents may become important in establishing ownershi...

  CYBER LAW IN INDIA: LEGAL ISSUES IN THE DIGITAL AGE By Advocate Anupam Kumar Mishra Advocate | Supreme Court of India & High Courts As businesses, professionals and individuals increasingly depend on digital systems, disputes involving online fraud, unauthorised access, data misuse, electronic communications, cybercrime, digital transactions and online defamation have become important areas of legal concern. Cyber-law matters often involve both technology and law . Understanding the digital event is only the beginning; the next question is how that event fits within the applicable legal and evidentiary framework. Key aspects of Cyber Law 1. Identify the digital incident The nature of the incident should be established—whether it involves financial fraud, unauthorised access, identity misuse, data theft, impersonation, harassment or another digital offence. 2. Preserve electronic evidence Emails, messages, transaction records, screenshots, URLs, device information and other d...

  Empowering Businesses: Virtual Corporate Law Services In the dynamic world of business, legal support is crucial to ensure smooth operations, mitigate risks, and navigate regulatory landscapes. Lexis and Company offers Virtual Corporate Law Services to businesses in the UK, USA, Canada, Singapore, Dubai, and Australia , assisting with mergers, acquisitions, business contracts, compliance, and corporate governance. Key Features of Virtual Corporate Law Services 1. Mergers and Acquisitions (M&A) Legal Support We provide comprehensive legal services for mergers and acquisitions , including due diligence, structuring deals, drafting agreements, and navigating regulatory approvals. Benefits: Ensures smooth and legally sound M&A transactions. Minimizes risks during corporate restructuring. Protects your business interests in high-value deals. Trending Hashtags: #MergersAndAcquisitions #BusinessDeals #CorporateLaw #LegalSupport #VirtualLegalExperts 2. Business Contracts and Ag...

  Litigation Support for CAT Cases: Comprehensive Legal Assistance Every Step of the Way In Central Administrative Tribunal (CAT) cases, managing the litigation process is crucial for achieving a favorable outcome. At Lexis and Company , we provide litigation support that ensures every aspect of your case is handled with the utmost care, precision, and efficiency. Our team of legal professionals offers expert guidance through every stage of the litigation process, from filing the initial petition to post-hearing follow-up. We are dedicated to providing clients with the best possible legal support at each stage of their CAT case . 1. Filing and Documentation Assistance The first step in any CAT case is the proper preparation and filing of documents. Our litigation support team ensures that every document is in order and filed according to the tribunal’s requirements . Petition Drafting : We assist in drafting the initial petition, ensuring that it outlines your claims clearly a...

  Legal Assistance for CAT Appeals: Navigating the Path to Higher Courts When a decision by the Central Administrative Tribunal (CAT) is not favorable, appealing to higher courts is often the next step. At Lexis and Company , we provide expert legal assistance for clients looking to appeal CAT decisions in High Courts or the Supreme Court of India . Our team of seasoned attorneys specializes in navigating the complexities of the appeals process , ensuring that your case receives the attention and expertise it deserves. 1. Understanding the Appeals Process The appeals process for CAT cases involves several stages, each with specific requirements and deadlines. Our team provides clients with a clear roadmap of what to expect. Grounds for Appeal : We guide clients in identifying valid grounds for an appeal, such as error in law , misinterpretation of facts , or procedural irregularities . Filing an Appeal : Assistance in drafting and filing the appeal petition with the appropri...

  Navigating Personal Matters: Virtual Family Law Services Family-related legal issues require a compassionate and skilled approach to ensure fair and amicable resolutions. Lexis and Company provides Virtual Family Law Services , offering expert guidance to clients in the UK, USA, Canada, Singapore, Dubai, and Australia on sensitive matters like marital disputes, child custody, property settlements, and more. Key Features of Virtual Family Law Services 1. Divorce and Separation Assistance We offer legal support for divorce proceedings , separation agreements, and mutual consent divorces, ensuring a smooth and respectful process. Benefits: Minimizes emotional stress. Ensures fair division of assets. Provides clarity on legal rights. Trending Hashtags: #DivorceLegalSupport #FamilyLawServices #SeparationAgreements #VirtualLegalExperts #FamilySolutions 2. Child Custody and Support Guidance Our attorneys specialize in resolving child custody disputes , securing fair child support arra...

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. ...

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. ...

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...

    CASE REVIEW OF JOSEPH SHINE VS UOI   INTRODUCTION  Adultery is illegal in India, according to section 497 of the Indian Penal Code. Section 497 has been challenged in court multiple times in the past, but each time the Supreme Court has upheld its validity. However, in the case of Joseph Shine v. Union of India, the Supreme Court of India struck down the 158-year-old Victorian morality statute prohibiting adultery on September 27, 2018.   FACTS The legality of section 497 of the Indian Penal Code was challenged by hotelier Joseph Shine. The petition's main goal was to protect Indian men from being punished by vindictive women or their husbands for extramarital affairs. In Kerala, a close friend of the petitioner committed suicide after a female coworker accused him of rape. COURTS JUDGEMENT A three judge bench headed by then CJI Dipak Mishra had referred this petition to a five judge constitution bench which comprised of CJ Dipak Mishra, and Justices R.F Nar...

  CASE REVIEW OF SR BOMMAI VS UOI INTRODUCTION The imposition of President's Rule over a State of India is dealt with in Article 356. When a state is placed under President's Rule, the elected state government (headed by the Chief Minister and the Council of Ministers) is sacked, the Council of Ministers is suspended at the legislature, and the Governor of the state is in charge of administration. FACTS OF THE CASE Between 13 August 1988 and 21 April 1989, SR Bommai was the chief minister of the Janata Dal government in Karnataka. On April 21, 1989, his government was dismissed under Article 356 of the constitution, and president's rule was established in what was then a party-based system to keep the opposition at bay. The dismissal was based on the fact that the administration had lost its majority as a result of large-scale defections orchestrated by a number of party leaders at the time. Despite a letter giving him with a copy of the resolution passed by the Janata Dal ...

  JUDGEMENT ANALYSIS OF GOLAKNATH V STATE OF PUNJAB INTRODUCTION One of the most important instances in Indian legal history is Golaknath v State of Punjab. In this situation, a variety of questions have been raised. The most crucial question was whether or not the parliament has the authority to change the basic rights established in Part III of the Indian Constitution. The petitioners argued that the parliament does not have the authority to change fundamental rights, while the replies argued that the constitution's authors never intended for our constitution to be inflexible and non-flexible. The Supreme Court ruled that parliament cannot modify basic rights. In the case of Kesavananda Bharati VS UOI 1973, this judgement was overturned. The court ruled that while the parliament can amend the constitution, including fundamental rights, it cannot change the constitution's core framework. SUMMARY OF FACTS In Jalandhar, Punjab, Henry and William Golaknath owned about 500 acres o...