Articles
Rights Of Homebuyers Under The Insolvency And Bankruptcy Code
Home Buyers Are Financial Creditors: Homebuyers are financial creditors under the Insolvency and Bankruptcy Code, 2016 ('IBC'). IBC defines two categories of creditors: financial creditors and operational creditors (section 5 (8) and 5 (20), IBC) Originally, homebuyers were not treated as financial creditors. Their status as operational creditors was also doubted. Homebuyers' plight came into focus before the Supreme Court in litigation following the collapse of the housing projects of...
Short Tenure With Impactful Reforms : CJI UU Lalit Leaves A Positive Legacy
When Justice Uday Umesh Lalit assumed office as the 49th Chief Justice of India on August 27, many would have thought that his would be a sedate term. After all, how much can happen in a brief term of 74 days? But proving all such speculations wrong, CJI Lalit's term was marked with momentous and unexpected events which unfolded at a quick pace. For example, did anyone in their wildest speculation think that the challenge against the demonetisation decision of 2016 will get heard during this...
Challenges Of Traditional Knowledge Products In GI Registration
Ultimately linked to information, traditional knowledge is the know-how, techniques, and practices that are created, maintained, and transferred from generation to generation inside a community; they frequently emerge as an integral part of its cultural and spiritual identity. The indigenous knowledge also includes the components of several traditional technologies used for sustenance, such as equipment and methods for farming and hunting, environmental understanding, conventional medical ...
Making UPI Viable For Both The Public And The Facilitators
Unified Payments System['UPI'] was launched by the National Payments Corporation of India ['NPCI'] with the aim of integrating the payment mechanisms of India. Since, its launch in 2016, digital transactions using UPI has increased significantly. As per RBI's annual reports, for the year of 2015, total digital payments for retail transactions amounted to Rs. 1.54 lakh crores. However, after the advent of UPI, this number reached Rs.17.4lakh crores in 2022. This increase in transactions...
Governor's Gaffes
Certain recent statements of the Governor of Kerala have been startling. They smack of monarchial tendencies and are totally alien to our constitutional scheme. He has spoken of the withdrawal of his pleasure with regard to Cabinet Ministers. That gives the impression of all this being personal to him. The true position is wholly otherwise. The Constitution has adopted a form of government tersely described as based on the 'Westminster model' which is a constitutional monarchy. The...
Every Cheque Ever Issued In India Is A 'Security' Cheque | Column
"A cheque issued as security pursuant to a financial transaction cannot be considered as a worthless piece of paper under every circumstance."Just because a cheque is issued as a security does not mean that it will not attract the offence as defined under Section 138 of the Negotiable Instruments Act, 1881 ('NI Act'). This position of law as enunciated by the Apex Court in Sripati Singh v. State of Jharkhand (Criminal Appeal Nos. 1269-1270 of 2021) LL 2021 SC 606 stands crystallised in a...
Falling Groundwater Table and Rising Pollution; The Twisted Tale of The Punjab Preservation of Subsoil Water Act, 2009
During the Green Revolution, Punjab and Haryana switched from their conventional crops (maize, pearl millet, pulses, and oilseeds) to the wheat-paddy cropping cycle, which took place in the late 1970s and early 1980s. The country's food security was ensured by the shift in planting patterns, therefore neither the Center nor the two states expressed any worry about the sustainability of the resources. When groundwater levels began to decline as a result of rice farming in central Punjab...
The Paranoid Panopticon: Draft Indian Telecommunication Bill
The Department of Telecommunication on 21st September released the Draft Indian Telecommunication Bill with the objective of revamping the legal framework governing the telecom sector. While the Draft tries to present a wholly redefined framework, yet it miserably fails to provide a solution to existing problems plaguing the current regulatory framework and consists of provisions which will further weaken the authority of the Telecom Regulatory Authority of India (TRAI). Presently the ...
Food Advertising Regulation And Consumer Protection In India
Advertising is the promotion of a product to a viewership to attract engagement and sale of a product, and has an impact on the interests of consumers. Regulation of food advertising methodologies is needed to ensure that the advertising strategies used are legitimate, and ethically express the details pertaining to the product, thus protecting the interests of consumers. Though there had been no unified statutory framework to regulate food advertising, the Consumer Protection Act 2019...
Metaverse As Workplace: Employment Issues
The way we work has undoubtedly changed, initiated first by technological developments and later by the COVID-19 pandemic. Hybrid offices have increased the use of virtual modes of working.[1] Enterprises have taken note of these developments and begun looking towards the next destination – the Metaverse. Metaverse refers to alternate digital reality, comprising a network of connected virtual spaces focusing on social interaction, often through avatars with their E-currency.[2]It is quite...
Law on Reels -Review Of Netflix's 'The Playlist' And Spotify's Legal Conundrums
''You can't use old laws for new times'' said the lawyer in the new Netflix series called 'The Playlist' which depicts the rise of the now well-known music streaming service Spotify. It has 6 episodes which are titled 'The Coder', 'The Industry', 'The Vision', 'The Artist', 'The Partner' and, of course, 'The Law'. In doing so, the series ensures that everybody involved in the inception of the company remains the hero of their own stories. The lawyer, in the series, accredited with making...