Articles
"Undecided Claims" And The Fresh Slate Doctrine Under The Insolvency & Bankruptcy Code, 2016
As ArcelorMittal's payments trickle into the bank accounts of the Creditors of Essar Steel India Limited, a proof of concept emerges for the wonders of the Insolvency Bankruptcy Code for the financial health of the economy at large.[1] As one of the first 12 companies put through the Corporate Insolvency Resolution Process[2] ("CIRP"), Essar Steel represents an arduous success story; but like every other story where the sun sets at the end of the road, this too has a class of individuals...
Joint Ventures Flow Into Unchartered Waters Amidst Covid-19
IntroductionAlthough economies across the world are endeavouring to resurrect, businesses especially those operating as joint ventures (JVs) across the spectrum stand at a crucial juncture. With an unprecedented disruption of supply chains, liquidity challenges, employment and commercial contract issues, JVs are now required to swiftly adapt, comprehend and manage unanticipated risks in order to maintain and honour the contractual arrangements agreed between the contracting parties to a...
Can We Really Police Our Police?
The global protests against death of George Floyd in America has not taken many people by surprise. It only validated a worldwide phenomenon of 'police brutality' especially states with a history of colonial conquest. Instances similar to George Floyd are also very familiar to us in India. Yet the reactions are vastly different here; malicious police violence is not enough to get us out on the streets. The custodial deaths of father and son in Tamil Nadu has shaken the conscience of many...
An Issue Of Jurisdiction Of The Family Court Under Muslim Women (Protection Of Rights On Divorce) Act,1986 : In Reference To The Decision In Rana Nahid v. Sahisul Haq Chisti
The Supreme Court of India has recently announced its split verdict on the issue of jurisdiction of the family courts in matters of maintenance filed under Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as "MW Act").[1] The split verdict may be considered a classic example of the opposing theories of interpretations, textualism and purposivism, beautifully coming into play in the respective decisions pronounced by the two leading women judges of the ...
Software Patenting In India
Section 3(k) of the Patents Act, 1970 states that a mathematical or business method or a computer program per se or algorithms are not patentable subject-matters in India. On a basic perusal of the provision, one can observe that the provision is broadly worded, evoking ambiguities as to what actually constitutes the part of non-patentable subject-matters under its ambit. This vagueness has largely discouraged innovations in the field of development of computer programs. The decision ...
An Unconstitutional Demand For President's Rule In The Name Of Covid 19
As India's Covid 19 cases continue to see exponential rise in certain States, opinions have been expressed by the members of the ruling dispensation at the Centre that President's Rule should be imposed in States which have not been able to contain the pandemic. These votaries of imposition of President's Rule argue that the Centre cannot be a mute spectator when there is a failure of State administration to effectively contain the spurt in Covid cases. The legal questions which...
Police Brutality: A Case For Urgent Intervention By The Constitutional Courts
Police brutality manifests itself both on and off the street – in the form of lathi charges, provocative firing on citizens, public shaming and beating, fake encounters, custodial torture happening in police station and other penitentiaries. The Third Report of the National Police Commission noted that nearly 60 % of arrests in India were either unnecessary or unjustified. This report was referred to by the Supreme Court in its decision in the case of Joginder Singh[1]. In the same...
Draft EIA Notification 2020 : Areas Of Concern
In our modern world of individualized aspirations and scientific expertise, there are seldom any points of affiliation, except, perhaps our collective drive to swell development. We often tend to forget that the environment is one inevitable commonality that we all share. And in altering our perceptions towards the environment, we are probably compelling irretrievable consequences. Although there is some truth to the argument that the environment has similar effects on one and all and ...
![[Column] Article 19(1) (a) Is Antithetical to Intolerance by Navroz Seervai](https://www.livelaw.in/h-upload/2020/06/30/500x300_377276-navroz-seervai.jpg "[Column] Article 19(1) (a) Is Antithetical to Intolerance by Navroz Seervai")
[Column] 'Article 19(1) (a) Is Antithetical to Intolerance' by Navroz Seervai
"And what if she had seen those glories fade;Those titles vanish, and that strength decay;Yet shall some tribute of regret be paidWhen her long life hath reached its final day;Men are we, and must grieve when even the ShadeOf that which once was great has passed away."– On The Extinction of the Venetian Republic–William Wordsworth. It would be useful to start a consideration of this subject by clarifying some basic meanings and concepts. To know the meaning of Freedom, as understood in Article...
Insolvency Resolution Process And Exclusion Of Lockdown Period: Uncertainties And Challenges
Time is the essence of the corporate insolvency resolution process (CIRP) and with that intent alone, the Insolvency and Bankruptcy Code, 2016 (Code), prescribes an outer limit of 180 days for completion of a CIRP, which may be extended by a period of 150 days, as per the relevant provisions of the Code and while, there is no explicit provision under the Code, which entitles the stakeholders to seek further extension, over the period of time, the NCLT and NCLAT by way of its judgments,...
