Articles
Not Adding Interest To The Principal To Arrive At Threshold Of Rs.1 Crore ; A Critique On CBRE V. United Concepts Decision
In CBRE V. South Asia Private Ltd v. M/s. United Concepts and Solutions Private Limited ("CBRE"), the Principal Bench of the National Company Law Tribunal ("NCLT") recently took a view that "the Interest amount cannot be clubbed with the Principal amount of debt to arrive at the minimum threshold of Rs.1 Crore for complying with the provision of Section 4 of IBC, 2016." In the said case, the operational creditor, CBRE had initiated Corporate Insolvency Resolution Proceedings ("CIRP") under...
Quantifiable Data On Reservation In Promotions
The recent judgement of the Supreme Court in Jarnail Singh v. Lachhmi Narain Gupta, Civil Appeal No. 629 of 2022 ("Jarnail Singh II") has once again turned the spotlight on one of the most emotive and volatile issues in India, that is, reservation for Scheduled Castes ("SCs") and Scheduled Tribes ("STs"). The case reached the Supreme Court on account of multiple High Courts striking down the policies of reservation in promotions for Scheduled Castes and Scheduled Tribes ("SCs and STs")...
The Essential Religious Practices Test And The Inversion Of Agency: Notes From The Hijab Hearing
The essential religious practices test ["ERP"] is one of the enduring burdens of Indian constitutional law. Its origins (as I have shown here) lie in a judicial misreading of one sentence spoken by Dr. Ambedkar in the Constituent Assembly Debates. Scholars have criticised it. Judges have expressed discomfort about how it forces them into becoming ecclesiastical authorities (often for religions that are not even their own). And yet, every time a faith-based dispute is brought to the courts, the...
Censorship By Sealed Cover: The Kerala High Court's MediaOne "Judgment"
When a single judge bench of the High Court of Kerala reserved its judgment on the question of the central government banning the MediaOne news channel, one awaited a reasoned order that would subject the executive action in question to rigorous judicial scrutiny. As banning a TV channel strikes at the core of the right to freedom of speech and expression, one expected that the self-proclaimed "sentinel on the qui vive" would examine the impugned executive action on the touchstone of the...
Amazon V. CCI: Analysis Of Whether Res Judicata Stays Applicable On Orders Passed By CCI
The Karnataka High Court ('HC') dismissed writ petitions brought by Flipkart Internet Pvt. Ltd. ('Flipkart') and Amazon Sellers Services Pvt. Ltd. ('Amazon') (collectively "Opposing Parties") contesting the Competition Commission of India ('CCI') order made under Section 26 (1) of the Competition Act, 2002 ("Act"). This case dealt with the notion of res judicata and its applicability to CCI rulings. The doctrine of res judicata is a global legal principle which states that if the matter...
Veiling Of Opportunities: The Case Against The Karnataka Hijab Ban
In 2017, the Supreme Court, almost prophetic of the times to come, in the K S Puttaswamy Vs.UOI (2017) 10 SCC 1 cautioned that nobody would want to be told by the state as to what they should eat and what they should wear. As far back as 1949, at the time of the debates of the Constituent assembly, a proposal was made in relation to the freedom of religion. It was proposed by a barrister from Bihar, Tajamul Hussain, that the words,`No person shall have any visible sign or mark or name,...
Consumption Of Narcotics – Bailable Or Non-Bailable?
The Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS Act") was enacted to consolidate the law relating to control and regulation of operations relating to narcotic drugs and psychotropic substances, including illicit traffic of the same. Narcotic drug is defined to mean coca leaf, cannabis (hemp), opium, poppy straw and includes all manufactured drugs[2] and psychotropic substance is defined to mean any substance, natural or synthetic, or any natural material or any salt...
Judge-Wise Statistics Of Reportable Supreme Court Judgments In January 2022
Despite January having only 18 Court working days, the Supreme Court delivered 88 Reportable Judgments across various fields of law. On an average, therefore, on every working day in January, the Supreme Court delivered approximately 5 Reportable Judgments. These numbers are despite various reports indicating that about 13 Judges of the Supreme Court, and 400 registry officers had tested positive for COVID-19 in January. The authors of this article present to you a statistical study...
Confusion Regarding The Jurisdiction Of NCLT Qua Personal Guarantor's Insolvency
The National Company Law Tribunals (NCLT) gained huge prominence after the enactment of the Insolvency and Bankruptcy Code, 2016 (Code/IBC), and became an epicenter ajudications of commercial laws across the country. As per Section 63 of the Code, it is the only judicial forum that has the jurisdiction to deal with the insolvency resolution process of a company and even the High Courts were cautioned by the Supreme Court in the case of Ghanashyam Mishra& Sons (P) Ltd. v. Edelweiss...
SEBI Tightens Rules For Fundraising Through IPO And Preferential Issue Amidst 2022, IPO Rush.
In the pandemic era where several stories of socio-economic crisis in India were seen, the stock market's surge is certain to perplex individuals unfamiliar with its operation. According to market experts, the "bull market" is fueled by the exponential growth of Demat accounts and investment by retail investors. Several renowned Indian startups, including Paytm, Zomato, and Policybazaar, obtained funding via initial public offerings ("IPOs") on the Indian stock exchange in 2021....