Articles
Suspension Of Insolvency Proceedings And Its Effect On Bilateral Investment Treaties
Recently, the Government extended suspension of insolvency proceedings till 31st March, 2021. On 24th September, 2020, Rajya Sabha passed The Insolvency and Bankruptcy Code (Second Amendment) Bill, 2020 by way of which it extended the suspension of Sections 7, 9 & 10 with a view to provide further relaxation period to companies adversely affected by COVID-19. The same was originally introduced by the government during March suspending the initiation of Corporate Insolvency Resolution...
Ambedkar, Minorities And The Bogey Of Love Jihad
Uttar Pradesh recently enacted Prohibition of Unlawful Conversion of ReligionOrdinance, 2020. Brought with a sense of urgency by choosing the ordinance route, ostensibly the law is for the purpose of regulating religious conversions and punishing what the law describes as unlawful religious conversions.[1] While at it, the law reduces gender and sexuality to binaries of man and woman and reinforces the idea of marriage as a heterosexual preserve.[2] Further, it assumes that women are weak...
10 Important Factors An E-Commerce Entity Must Know To Deal With The Consumers In 2020
As per ministry of communication, Govt. of India, the number of internet users in India is expected to grow to 730 million by the year 2020. Due to adoption of digital technology, on the one hand E-commerce entity, where transactions occur directly with the consumers (B2C), multiplied rapidly and at the same time internet using consumers have grown fast in the past few years in India. Keeping in view the new set of challenges faced by consumers in the digital age, Consumer Protection Act,...
Need For Minimum Practice As Advocate For Judicial Service : Reigniting The Debate
"Judges do not have an easy job. They repeatedly do what the rest of us seek to avoid; make decisions" - Professor Pannick, Judges Recently, Rule 5(2)(a)(i) of the Andhra Pradesh State Judicial Service Rules of 2007 was challenged before the Supreme Court (SC). The rule laid down a pre-condition of three years of practice as an advocate to be eligible to write the Civil Judge exam in the State. On 2nd January, the Bar Council of India (BCI) said that it will file an impleadment...
Flexible Working : The Right To Request And The Road Ahead
While the office is an artefact of history, the modern workplace epitomises the future. In pre and post -independence India the work force consisted primarily of the male members of the family and in majority of the cases the said male member was the sole breadwinner, who had to stay outside home for a considerable time to provide for his family. At present the work force has undergone major changes to include dual parents, single parents, single women and persons of retiring age. ...
Doing Away With Winter Session Of Parliament Is A Fraud On The Constitution!
The present Indian government is a regime of seemingly infinite paradoxes. While laying the foundation stone and Bhoomi Pujan of the new Parliament building, PM Shri Narendra Modi invoked Guru Nanak and reminded the people about his great message: "Jab tak sansar rahe, tab tak samvad rahe", and stressed on the need for dialogue to preserve the 'soul of democracy.' But this does not mirror in the actual functioning of the government. The government earlier in Monsoon Session not only...
[Column] Justice Perspective- Justice A. Muhamed Mustaque
Since evolution there existed a system of natural justice on earth, more so with primates who possessed an inclination towards fairness and sharing. Of these primates the Human race with their added value of community and intelligence created justice systems based on their lifestyle, challenges, needs and times.Justice as a concept is driven by values and principles chosen by a political dispensation. Chosen values and principles accepted as internal structure of constitutionally governed...
The Legal Effect Of Declaring A Statute Unconstitutional; Revisiting The Pesikaka Case
What happens to a statute when the Supreme Court declares it unconstitutional, either in its entirety or in part? Does it vanish like a disappearing message on WhatsApp or does it get temporarily eclipsed due to a declaration by the Lords? The question was the subject matter of a detailed judgment delivered many moons ago by the Supreme Court in Behram Khurshid Pesikaka v. State of Bombay[1] (hereinafter referred to as "the Pesikaka case") which is an authority on this point of law. The...
Farewell To Chief Justice AP Sahi By Justice P.N Prakash
I often wondered what endeared Anna to his party men that they continue to adore him even after several decades of his passing away. I got an answer in the biographies of 'Anna' and 'M.G.R.' authored by my good friend R.Kannan, who is a U.N. Diplomat, D.M.K. ideologue and a prolific writer, all rolled into one. Kannan says that when the D.M.K. was in its nascent stage in the early sixties, crowds used to gather for their public meetings eager to see M.G.R. and after his speech, they...