Why So Much Confusion Around The Jurisdictional Issue Under Personal Insolvency

This article analysis the issues and confusion revolving around the issue of 'Adjudicating Authority' for personal guarantor to corporate debtors and whether the Debt Recovery Tribunals have jurisdiction to entertain applications for insolvency of personal guarantors to Corporate Debtors. IBBI January-March 2022 issue of "Insolvency and Bankruptcy News" for the first time show the tentative figures relating to applications filed under section 94 and 95 of the Insolvency and Bankruptcy...

Jurisdiction Under Article 227 And Orders Of The National Consumer Disputes Redressal Commission ;A Snapshot

The Hon'ble Supreme Court of India has in its recent judgement in the case of Ibra tFaizan Versus Omaxe Buildhome Private Limited[1] held that the National Consumer Disputes Redressal Commission ("NCDRC") at New Delhi is a Tribunal within the meaning of Article 227 of the Constitution of India. It clarified therefore, that a Writ Petition under Article 227 can be preferred against an order of the NCDRC before the concerned High Court as an alternative remedy instead of approaching the...

Who's Waste, Is It Anyway?

The first United Nations conference on the human environment will be 50 years old in 2022. The United Nations Conference on the Environment, held in Stockholm in 1972, was the first global gathering to prioritise environmental issues. The Stockholm Declaration and Action Plan for the Human Environment, as well as many resolutions, were accepted by the participants as guiding principles for sustainable environmental management. The Stockholm Declaration, which contained 26 principles,...

Leniency Regime In India

A leniency programme is a type of whistleblower protection, i.e., an official system of providing leniency to a cartel member who reports the cartel to the Commission. In exchange for immunity or lenient treatment, competition authorities have devised a variety of leniency programmes to encourage and incentivize various actors involved in the commission of such competition infringements to come forward and disclose such anticompetitive agreements and assist the competition authorities. The...

How Supreme Court's Recent Judgment Expands Rights Of Widows Under Domestic Violence Act?

In the recent judgment of Prabha Tyagi v. Kamlesh Devi, the Supreme Court of India has made certain important observations with respect to scope of relief obtainable under the Domestic Violence Act, 2005 [hereinafter, Act] as well as the persons entitled to obtain such relief. The court has progressively undertaken to expansively interpret the provisions of the Act so as to provide for a wider protection within the precincts of the social-welfare legislation. With its purposive interpretation of...

Rights Of Indian Prisoners To Equitable Wages And Application Of Labor Laws In Prisons

"Prisoner" as the term is specified under Section 1 of the Prison Security Act of 1992. As per the Section, "any person for the time being in a prison as a result of any requirement imposed by a court or otherwise that he be detained in a legal custody"[1] is called a prisoner. Even if a prisoner is found guilty of a crime in a court of law, he or she does not cease to be a person. Thus, a prisoner, like any other non-prisoner, is entitled to certain fundamental rights that no...

Is The Green Hydrogen Policy A Viable First Step Towards Power/Energy Security?

India signed the Paris agreement (COP21, 2016), according to which, by the year 2030, India is committed to reducing its greenhouse emissions by 33-35% from the 2005 levels. On Independence Day 2021, PM Modi announced the National Hydrogen Mission. In COP-26 summit (Glasgow, October-November 2021), India pledged to be carbon neutral by 2070. In furtherance of that, the Government of India (in February 2022) launched the first phase of the Green Hydrogen Policy ("the Policy"), as part of...

When the Supreme Court Sat Outside New Delhi

The Supreme Court of India recently upheld the constitutionality of the National Green Tribunal Act, 2010 (Madhya Pradesh High Court Advocates Bar Association v. Union of India, W.P. (C) 433 of 2012). The petition had challenged the constitutionality of Section 14 read with Section 22 of the Act, which provided that any person aggrieved by the decision of the tribunal must approach the Supreme Court directly. They argued that a direct appeal to the Supreme Court as against a challenge before the...

Offences And Penalties Under IBC

Before enacting the Insolvency and Bankruptcy Code, 2016 ("Code"), the law governing insolvency and bankruptcy was multitudinous. The erstwhile framework created ambiguity leading to problems like multiple forums and lack of business or financial expertise. A company may adopt a successful business model although, it may fail to repay its creditors. The insolvency process incorporated under the Code preserves the economic value of the business by helping the creditors and debtors to agree...

Women Leaving Law: What Is The Way Ahead?

There was a time when women were not considered competent or fit to become a lawyer. Three courageous women - Regina Guha, Subhansu Bala Hazra, and Cornelia Sorabji approached courts for recognising the right of women to practice as a lawyer. In 1916, Regina Guha filed an application to practice as a pleader in the District of 24-Perganas. Her application was forwarded to the Calcutta High Court by the District Judge. She also moved the High Court, praying to allow her to practice as...

The Exigency Of Sentencing Guidelines In Indian Criminal Justice Administration

After giving a thought about contemporary challenges faced by Indian Criminal Law administration is the absence of sentencing guidelines. Several committees as well as Higher Courts have also recognized this issue of absences of sentencing guidelines in a diverse country like India. Sentencing guidelines are a collection of rules used to ensure logical and uniform sentencing policies within a jurisdiction. In Indian Criminal Justice system, the judges have the discretionary power to...

The Unfortunate Invocation Of Article 142 - Supreme Court Decision On The Reassessment Notices

The recent topic of debate has been qua the judgement recently delivered by a division bench of the Supreme Court, authored by Hon'ble Justice M.R. Shah. In the judgment titled Union of India v. Ashish Agarwal[1], in a batch of 24 Appeals, the Supreme Court modified/reversed the 6 High Courts' ruling wherein all the High Courts had quashed the reassessment notices issued by the government/revenue department under Section 148 holding them to be illegal/ultra vires/bad in law in view of the...