Justice Indira Banerjee: The Judge & Her Jurisprudence

On 23rd September 2022, Justice Indira Banerjee has bid adieu to the Supreme Court of India by taking retirement from judgeship. Her elevation to the Apex Court, in the year 2018, was phenomenal as it was the first time in the judicial history of India that the Supreme Court got three (3) women judges serving at a time (i.e. Justices R. Banumathi, Indu Malhotra & Indira Banerjee). Notably, she was only the 8th woman to have the honour to get elevated to the Apex Court. Justice ...

Evolving Jurisprudence Related To Priority Of Employees Provident Fund Dues Vis A Vis Dues Payable To Secured Creditors

Provident and Pension Fund dues payable under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 ('EPF Act') have been given priority over all other debts of the Employer as per Section 11(2) of the EPF Act. Courts in India have historically given priority to dues under the EPF Act and payable to the Employees Provident Fund Organisation ('EPFO') over other debts of the defaulting company.[1] Courts in India have recognised that the EPF Act is a social welfare...

Digital Media Rights(DRM) - Analysis Of Copyright Law

The web's widespread use in the modern world has made it simple to share information. An inconsequential result of this is a change in reading patterns across the world. On one hand, any specific media can always be distributed and released publicly with barely any technical barriers and on the other, a visually impaired person is finding it more difficult to adapt to this change. At least 180 million people are estimated to be suffering from some sort of visual impairment, with more than...

Overseas Online Business And Territorial Jurisdiction In Trademarks Infringement Suits

An ex-parte interim injunction was granted, by Delhi High Court, in favour of Tata sons (Tata Sons Private Ltd v. Hakunamatata Tata Founders & Ors), restraining two companies registered in the UK and the USA from unauthorized use of the registered trademark 'TATA'. These foreign companies were marketing and trading online in digital tokens or cryptocurrencies through the websites www.tatabonus.com and www.hakunamatata.finance. The appellant filed a suit for a permanent injunction restraining...

Colossal Delay Of 296 Days By NCLT In Approving Resolution Plan After Approval Of Resolution Plan By Committee Of Creditors In FY 2021-22

"Judicial delay was one of the major reasons for the failure of the insolvency regime that was in effect prior to IBC. We cannot let the present insolvency regime meet the same fate." -Justice DY Chandrachud in Ebix v. Educompp, 2022 The Insolvency & Bankruptcy Code, 2016 (IBC/Code) was enacted by the Government of India to eliminate the delays in resolving insolvency and to enhance the ease of doing business in India. One of the primary objective of IBC is to resolve the...

Moonlighting And Restrictive Covenants

Moonlighting refers to the practice of taking up additional jobs, without employers' knowledge. Shops and Establishment Act of various states and Factories Act, 1948 prohibits double employment. Employment contracts too restrain working in dual employment. As a professional, freelancer, stringer, retainer one can work for multiple clients, customers , however , as a full time regular employee there are restrictions . Two timing employer without his knowledge is not ...

Forensic Evidence And Right To Privacy

The Indian Evidence Act, 1872 is one of the oldest legislations in our country. Although various amendments have been introduced, some provisions have become out-dated especially with the extensive involvement of forensic science. In the last two decades, there has been a drastic change in committing a criminal offence as well as its investigation. To keep pace with the development in forensic science, the Indian courts are placing heavy reliance on DNA results. DNA testing has an...

Justice Indira Banerjee's Code (IBC) : Development Of IBC Jurisprudence

Justice Indira Banerjee has retired from the office of the Judge of the Supreme Court last week. She became the first lady judge to preside over a constitution bench. In her journey as a judge of the apex court of the country, she gave many landmark & important rulings. Apart from other subject matters, her contribution to the jurisprudence surrounding IBC shall be long remembered. Though she has been part of the benches which have pronounced many decisions on various facets of Insolvency...

POCSO vs MTP Act : Concerns Raised About Mandatory Police Reporting Requirement In Teenage Pregnancies

The Delhi High Court on September 20 directed the Centre to ensure that a minor's pregnancy of nearly 20 weeks is terminated at All India Institute of Medical Sciences. Though the Medical Termination of Pregnancy Act [MTP] permits doctors to abort a pregnancy of less than 24 weeks without requiring a court order - if the conditions under the law and rules are met, the medicos in the case of the 16-year-old had refused to accede to the family's request.The CaseAccording to the petition filed by...

Analyzing The Applicability Of Section 48 Of The GVAT On The Frontier Of Section 53 Of IBC, 2016

Recently, in the case of State Tax Officer v. Rainbow Papers Ltd, 2022 SCC OnLine SC 1162, decided by a bench comprising Indira Banerjee and AS Bopanna, JJ has reversed the earlier order wherein it was held that Section 53 of Insolvency and Bankruptcy Code will prevail over GVAT Act as the first claim over the property of Corporate Debtor cannot be made by the Government. Section 48 of the Gujarat Value Added Tax, 2002 provides that the first charge on the property of a dealer in respect...

Can CJI Lalit Change The Way Constitutional Benches Work?

Justice U.U. Lalit was appointed as 49th Chief Justice of India, on 27th of August 2022. A few days before his appointment his voice started to echo in the hallowed halls of the Supreme Court, with his determination to reform and aim to dispose of cases quickly. After taking over, Justice Lalit called a full court meeting which lasted for three and half hours. Every judge was heard fully, there was a thorough discussion to fast-track the listing and hear long pending cases. A full court...

Demystifying The Effect Of Insolvency Proceedings In India On Arbitrations

Globalization has been accompanied by cross-border commercial disputes and arbitration has become the default setting for adjudication both nationally and globally.[1] This swing towards arbitration has prompted India to re-equip laws according to international standards. Concurrently, the government has introduced the Insolvency and Bankruptcy Code in 2016 ["IBC"] that has transformed the Indian Economy from a debtors' paradise into an economy of fairness and equity between creditors and...