The Interface Between Section 29A Of The Arbitration & Conciliation Act, 1996 And The Moratorium Imposed Under IBC

Section 29A of the Arbitration and Conciliation Act, 1996 ('the Arbitration Act') provides an outer limit of 18 months to complete the arbitral proceedings, with the exception that in cases where sufficient cause is made out, the court may grant extension beyond the period of 18 months. However, the prohibition upon institution of and/or continuation of pending proceedings in terms of section 14 and 101 of the Insolvency and Bankruptcy Code, 2016 ('IBC'), has given rise to an interesting...

Reservation In Promotion – A perspective

The casteless outcastes of Indian society, subjected for centuries to unfathomable social suppression and economic depravity have been compiled together as the Scheduled Castes and Scheduled Tribes (hereinafter "SC/ST") under the Constitution. Their plight has been described in various ways. Rabindranath Tagore described it as a "gigantic cold-blooded repression". Dr. B.R. Ambedkar termed it as a system of "graded inequality". Swami Vivekananda spoke for Shudra Raj and questioned the...

Moratorium On Insolvency And Bankruptcy Code, 2016: Is It A Cure-All Or Only Help A Few

On 17.05.2020, the Finance Minister of India while announcing the fifth tranche of the stimulus/relief packages to mitigate the consequences of COVID-19 on the Indian Economy, also announced that there will be no fresh insolvency filings under the Insolvency and Bankruptcy Code, 2016 ("IBC"). The Finance Minister informed that an ordinance will be brought to this effect. Undoubtedly, the business across the country requires relief but an absolute embargo upon the fresh insolvency filings...

Impact Of Surrogacy & DNA Regulation Laws On The Presumption Of Paternity Under Section 112 Of The Indian Evidence Act

INTRODUCTION Section 112 of the Indian Evidence Act, 1872, states that any person born during the continuance of a valid marriage between his mother and "any man" shall be conclusive proof that he is the legitimate son or daughter of the parties to the marriage, unless non-access between the parties to the marriage is satisfactorily proved. With the advent of technology and DNA profiling, many arguments are put forth by academicians, questioning the need for such "presumption of...

Section 99 Of Finance Act, 2020, Judicial Act And Its Constitutional Validity

Introduction Section 99 of Finance Act, 2020 (hereinafter for sake of brevity referred to as "the Finance Act") has sought to amend the first proviso to section 254(2A) of the Act in respect of granting stay in any proceedings relating to an appeal filed before the Hon'ble Income-tax Appellate Tribunal ("the ITAT"). This amendment has the potential to be interpreted in a manner that can cause immense hardship to the taxpayers and thereby increase litigation. Summary of the...

Alternative Remedies For Operational Creditors In view Of Increase In Threshold For Filing CIRP

The Union Finance Minister of India has on March 24, 2020 notified in the official gazette that the threshold for triggering insolvency proceedings under the Insolvency and Bankruptcy Code, 2016 ("Code") stands increased with immediate effect from Rs.1,00,000/- to Rs.1,00,00,000/-. The reason for the increase of threshold is to prevent triggering of insolvency proceedings against the Micro, Small and Medium Enterprises ("MSME") which are currently facing the heat of coronavirus ...

Can Digital Versions Of Law Journals Be Regarded As 'E-Books' For Purposes Of GST?

Lawyers are familiar with accessing judgments/statutes/notifications using softwares installed on our computer from a DVD or a pen drive/dongle. Some of these applications require we plug in a dongle for its functioning. These applications are usually provided by publishers of law journals along with the journals for free or at a price, and in a way provides digital access to what is published in the journals (eg:- ExCus). The Authority for Advance Ruling ('The Authority' in...

Decoding Preferential Transactions Under The Insolvency And Bankruptcy Code

Black's Law Dictionary defines "preferential transfer" as "a prebankruptcy transfer made by an insolvent debtor to or for the benefit of a creditor, thereby allowing the creditor to receive more than its appropriate share of the debtor's assets". Insolvency and bankruptcy laws across the globe, including the recently introduced Insolvency & Bankruptcy Code, 2016 ("IBC") in India, deals with preferential transactions. Such transactions are also known as 'voidable...

The Homebuyer Amendment: No Home,No Hall Of Justice

Owning a home is a dream that is common to many Indians. It is the ultimate security. Unfortunately for most, the path to owning a home is treacherous and cumbersome. It's an uphill battle that begins with saving enough for the down payment and then continues into finding a house that matches your dreams; one that is often just a picture in a brochure. After signing many agreements (on the dotted line) with the builder and the lender bank, and making payments (in all sorts of colours), ...

Draft EIA Notification 2020 And Its Potential Impact

The Ministry of Environment, Forest and Climate Change ("MoEF") in exercise of the powers conferred under Environment (Protection) Act, 1986 published the Draft Environment Impact Assessment Notification, 2020 vide S.O. 1199(E) dated March 23, 2020 in the Official Gazette on April 11, 2020 ("Draft EIA"). The Draft EIA, once notified, will supersede the present Environmental Impact Assessment Notification, 2006 ("EIA Notification, 2006"). The Draft EIA seems to be yet another effort...

Employer's Liability During Lockdown – Need To Clear The Air!

The prevailing lockdown in India has definitely improved the air quality index, however, the air around an employer's liability during the lockdown is getting murkier by the day. Recently, vide Order dated May 17, 2020 ("Order"), the Ministry Home Affairs (through Union Home Secretary), laid down fresh guidelines for Lockdown 4.0 which comes into effect from May 18, 2020. Interestingly, the Order specifically mentions that all orders issued earlier by National Executive Committee ("NEC") ...

The Value Of Human Life And The Great Slippery Slope Argument

Modern Medicine has reached an age, where the Health care professionals intuitively seek to prolong life so long as it is possible to do so. Alternatively the Doctors may themselves raise the question, as to whether it is in the patient's best interest that he or she should live.[1] Two situations in which life and death decisions become fundamental and unavoidable are when we are born and when we are dying.[2] Looking at the point of view of the patient, Euthanasia itself is categorized...