Insolvency Law In Review – October 2020

BY Rahul Sibal, Siddharth Sunil, Akshata Singh, Pranav Narsaria & Karan Sangani The enactment of the Insolvency and Bankruptcy Code 2016 (the 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...

Who Knows What Is Obscene? I Know It When I See It.

The offences relating to 'obscenity' are back in the news. Last week an FIR was registered against actor and model Milind Soman for running naked on a Goa beach. Mr Soman shared a picture of himself running nude on a beach to mark his 55th birthday. Around the same time, another complaint was filed with the Goa Police against the actor and model Poonam Pandey for shooting an 'obscene' video in Goa. On 11.11.2020, the Hon'ble Madhya Pradesh High Court refused to quash that the complaint...

Why Bail Matters: An Introspection Of Section 7 Of Muslim Women (Protection Of Rights On Marriage) Act 2019

The time has again come to reiterate the famous quote of Justice Felix Frankfurter who through McNabb v. United States stated that "The history of liberty has largely been the history of the observance of procedural safeguards" Infact the recent Bombay HC order rejecting the anticipatory bail in Ebrahim Mohd. Iqbal Lakdawala v. State of Maharastra as per the provisions of Sec 7 (c) of the Muslim Women (Protection of Rights on Marriage) Act 2019 reminds how deliberately the legislature and...

The Guardian For One And All Or The Judiciary Is The Sentinel Qui Vive

While hearing the Arnab Goswami's Case in court, Hon'ble Justice D.Y. Chandrachud remarked: "If we don't interfere in this case today, we will walk on path of destruction. If left to me I won't watch the channel and you may differ in ideology but Constitutional courts will have to protect such freedoms..." "Forget Arnab Goswami for a moment, we are a Constitutional court.... If we as a Constitutional Court do not lay down law and protect liberty, then who will?" The Indian...

'Unrapeable' Female Bodies

In the words of Audre Lorde, the renowned American feminist poet: "I write for those women who do not speak, for those who do not have a voice because they/we were so terrified, because we are taught to respect fear more than ourselves. We've been taught that silence would save us, but it won't." The world community has questioned how the Criminal Justice System in India, views and treats Dalit women and their bodies in light of the Hathras rape case. The ...

Remembering Mr. Law – A Tribute to MC Setalvad

In a discussion over the greatest lawyers India has produced, the name of Motilal C. Setalvad cannot be left out. The stature and brilliance of this man, is evident from the title 'Mr. Law' as he was popularly called. Today, marks the 135th birth anniversary of Shri Setalvad and this post tries to pay a tribute to him by highlighting the significant events of his life and legal career. At the outset, I wish to apologise if this post is underinclusive and leaves out some vital aspects about...

A Forgotten Judgment In The Age Of Gladiatorial Roman Circus Media

From the 3rd century BC right up to 4th century AD, the rulers of Rome devised a popular entertainment form to keep the restless population engaged, occupied and distracted. The rulers branded persons as criminals. And then there were slaves. The chosen few from this brood were brought into huge stadiums called Roman circuses, and were made to fight other gladiators or wild beasts. These were fights unto death witnessed by thousands. The audience would egg on till the person is mauled to ...

Disciplinary Action After Superannuation

Two issues were repetedly causing litigations before various courts including before the Supreme Court:whether a departmental inquiry initiated before the superannuation can be continued after an employee reaches the age of superannuation and whether a penalty can be imposed after conclusion of such an inquiry or not whether Gratuity can be withheld in the meanwhile, till the inquiry is over and decision is taken on the inquiry report, Some Judgments of the Supreme Court had taken...

Constitutional Conundrum Of Special Courts

The Supreme Court of India, by an Order dated 01.11.2017 in a Public Interest Litigation, had mooted a "Central Scheme for setting up of Courts exclusively to deal with criminal cases involving political persons on the lines of the Fast Track Courts". This, subsequently, led to the setting up of "Special Courts" to deal with the criminal cases against Members of Parliament and Members of Legislative Assembly. According to the proceedings before the Supreme Court in this case, it is...

Indian Media: At A Crossroads

Developments over the last few years in news reporting in India, culminating into the coverage of the Sushant Singh Rajput case, has brought out a significant issue regarding the extent and manner in which the media should be regulated, particularly, electronic and digital media, when it comes to reporting ongoing criminal investigations and trials. Now, that's a delicate issue as any step towards any form of "external regulation" (as opposed to self-regulation) is fraught with dangers...

Immoral Traffic (Prevention) Act, 1956; An Example Of 'Legislate In Haste, Amend At Leisure'

India in 1956 to curb human trafficking enacted the Suppression of Immoral Traffic in Women and Girls, 1956. The name was subsequently changed to the Immoral Traffic (Prevention) Act ("the Act") via an amended in 1986. However, even though the Act was formulated to prevent human trafficking, it became a weapon in the hands of law enforcement to penalize sex workers instead. The foundational reason for the same was the mode laid down by India in the Act to curb human trafficking. The Act...

Cabinet Government

The Constitution has adopted the Cabinet form of representative democratic government as in the UK, a form of government tersely described as based on the 'Westminster model' which is a constitutional monarchy. The President of India is the head of the State. He represents the nation. He is conferred with a large repository of powers. All actions are taken in his name. What is true of the President at the Centre is generally true of the Governors at the State level. There shall be...