Insolvency Law In Review – November 2020

The enactment of the Insolvency and Bankruptcy Code 2016 (Code) has had significant ramifications on the corporate insolvency landscape. Over time, the Code has witnessed a manifold increase in litigation, and consequently in the number of decisions. This has made it difficult for insolvency practitioners to stay updated with developments in the field. The purpose of this column is to fill this gap by providing brief summaries of latest decisions, from the various fora dealing with...

Remembering The Pioneer Of Judicial Activism Justice P.N. Bhagwati On His Birth Anniversary

Bowed by the weight of centuries he leans Upon his hoe and gazes on the ground, The emptiness of ages on his face, And on his back the burden of the worldThe Man with the Hoe by Edwin Markham Today marks the 99th birth anniversary of an eminent judge, humanist, visionary and a legendary judge, Justice P.N. Bhagwati. Born on 21st December, 1921 in Gujarat, Justice Bhagwati pursued his graduation in Mathematics from Elphinstone College, Mumbai followed by graduation in Law...

Deriving The Meaning Of 'Wage': A Comparative Analysis Of The Payment Of Wages Act, 1936 And The Code On Wages, 2019

A long-standing industry demand was the rationalisation and codification of labour laws. While the industry demands simplification and minimum compliance, the labour unions on the other side paint a grim picture about the lack of compliances of even existing labour laws. There were many attempts to revise the labour laws. The Union Government appointed the Second National Commission on Labour Laws, which submitted its report in June 2002. The Commission proposed that the existing set...

The End Of A Saga- The Conundrum Of Arbitrability Of Landlord-Tenant Disputes

A long due controversy on arbitrability of tenancy disputes has finally been put to rest by the Hon'ble Supreme Court of India. A bench comprising of Hon'ble Justice N.V. Ramana, Justice Sanjiv Khanna and Justice Krishna Murari on 14 December, 2020 in the matter of "Vidya Drolia and others v Durga Trading Corporation" ('Vidya Drolia -II'),[i] has overruled the ratio laid down in Himangni Enterprises v. Kamaljeet Singh Ahluwalia ('Himangi Enterprises')[ii] and held that the tenancy disputes...

Current Position With Respect To The Provisions Contained Under Chapter X XI XII Of The Motor Vehicles (Amendment) Act, 2019

On 9th August, 2019 the Motor Vehicles Act (Amendment)Act, 2019 was published in the Gazette of India (hereinafter referred as 'the Amendment Act). By this amendment, the Motor Vehicles Act, 1988 (hereinafter referred as 'the Principal Act) has been drastically amended. The Government of India wanted to bring about what was known as Road Transport and Safety Statute but it had many road blocks and, therefore, in the year 2019 instead of reintroducing Road Safety Bill, amendments were...

Making CLAT Accessible To Visually Challenged Aspirants

IntroductionWhile delivering the valedictory address at a summit concerning Legal Professionals with Disabilities, Justice DY Chandrachud expressed concern that the Common Law Admission Test (CLAT) and other law entrance tests in India neglect the needs of disabled students, thereby excluding them from the legal profession. Noting these observations, the president of the Consortium, Prof. Faizan Mustafa, issued a statement saying that the possibility of alternative questions in CLAT...

Integration Of Ayurveda Into Modern Medicine: Mixopathy- The Unrealistic And Unguided Mixing

The recent changes brought into the Indian Medicine Central Council(Post Graduate Ayurveda Education)Regulations, 2016 framed in exercise of the powers conferred by Section 36(1)(i), (j) and (k) of Indian Medicine Central Council Act, 1970 and in supersession of the Indian Medicine Central Council(Post Graduate Education) Regulations, 1979 and the Indian Medicine Central Council(Post Graduate Ayurveda Education) Regulations, 2012 has sparked controversy and confusion among medicos and...

Allahabad High Court's Contribution In Protecting The Human Rights And Personal Liberties Of The People

The High Court of Allahabad is making a great contribution towards the cause of protecting the human rights and personal liberties of the people during these difficult Corona times when they need more judicial protection from the executive excesses. In many cases, the High Court of Allahabad has delivered landmark verdicts that have strengthened the rule of law in the state and reminded the government about its constitutional duties to protect people's fundamental rights and dignity as per...

Constitutional Validity Of The Uttar Pradesh Prohibition Of Unlawful Conversion Of Religion Ordinance 2020

The Governor of Uttar Pradesh has promulgated the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 with the aim of prohibiting 'unlawful conversion from one religion to another by misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage'. The haste with which the legislation has been passed and enforced directs to the approach of the government towards minorities, which is stated by the Chief Minister in...

The Supreme Court Really Let Us Down. No Wisdom, No Courage!

The title was tweeted by the outgoing US President Donald Trump soon after the Supreme Court of the United States (SCOTUS) refused to entertain a plea brought by the State of Texas challenging the win of President Elect Joe Biden in the States where Trump expected to win, but lost. The reaction of Donald Trump to the election loss is for all to see, and not uncharacteristic of Donald Trump – even though uncharacteristic of leaders of a democracy. Back home, when Prime Minister Indira...

Property Rights: A Conversation Whose Time Is Now

As multitudes of migrant workers took to the streets to walk hundreds of kilometres away from India's cities, even as the COVID-lockdown had compelled everyone else to stay in their homes, it inevitably brought to fore the scale of the housing crises[1] [2] which plagues some of the major cities and towns in India. In response, the government announced a slew of measures including the affordable rental housing scheme[3], while a few state governments turned their attention to land...

Transitional Provision: A Light On Hit-And-Run Mechanism Under The GST Law

Indirect Tax regime witnessed a paradigm shift with the Goods and Services Tax Act, 2017 (hereinafter referred to as the 'GST Act' in short) coming into force w.e.f 01st July, 2017. What is officially known as the Constitution (One Hundred and First Amendment) Act, 2016, the GST Act, conferred concurrent taxing power on the Union as well as the State Government including Union Territory with legislature to make laws for levying tax on every transaction of supply of goods or services or...