Articles
Is NCLAT - An "Efficacious" Remedy?
Established under Sec 410 of Companies Act, NCLAT hears appeals against the orders of benches of NCLTs across the country under IBC and Companies Act as well as appealable orders of CCI. Till recently NCLAT had only one Bench at New Delhi. However, in a welcome move, vide notification dated 13 March 2020, Central Government announced that a bench has been constituted at Chennai which shall entertain appeals against orders passed by benches of NCLT in Andhra Pradesh, Telangana, Karnataka, ...
Caught In The Undertow – Section 31D Of Copyright Act
Section 31D was introduced into the Copyright Act, 1957 ("the Act") by the 2012 amendments, which are considered to be the most significant amendments to India's copyright law. The Section pertains to Statutory Licensing provisions in respect of sound recordings, literary and musical works applicable to radio and television broadcasting organisations. A Statutory License can be commonly understood to mean a license inherently granted by the statute itself; to elaborate in simpler...
The Advocates' Dress Code -Let Us Make It More Indian And Suitable To Our Climate
Introduction: Recently, the Hon'ble Chief Justice of India Shri. Sharad Arvind Bobde, on the sidelines of a hearing, said that doctors had advised not to wear gowns and coats, as it makes it easier to catch virus and spread the chances of COVID-19. This was followed by a circular being issued on 13.05.2020 by the Supreme Court of India read, "As a precautionary measure to contain the spread of COVID-19 infection under the prevailing conditions, the Competent Authority has been pleased...
Establishing Criminal Medical Negligence In Times Of COVID-19
Doctors were equated with God in traditional India. But, this doctor-patient relationship has altered substantively over time. There has been a rise in medical negligence cases with development of technology and convolution of medical procedures. COVID – 19 has increased medical interaction across the country. In such circumstances, the possibility of increase in petitions on medical negligence, for good or for bad, is not unforeseeable. The jurisprudence around criminal medical...
Consequences Of An Unstamped/Insufficiently Stamped Domestic Award : An Unsettled Law
This Article discusses and analyses the possible consequences of presenting an unstamped/insufficiently stamped domestic arbitration award before the Court, (a) at the time of challenging an Award under Section 34 of the Arbitration & Conciliation Act, 1996 and (b) at the time of enforcement of an Award under Section 36 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the "Arbitration Act"). As a priori, it is imperative to note that an arbitration award...
Group Insolvency In India: Boon To The Creditors Or Bane To The Debtors?
Group Insolvency is a process in which claims against debtors of the same group are consolidated in a single resolution application to adjudicate upon by the Adjudicating Authorities ("hereinafter referred as AA"). It was difficult for the AAs across the country to adjudicate upon such resolution requests by the creditors due to the lack of provisions in Insolvency and Bankruptcy Code ("hereinafter referred as IBC"). The Companies Act 2013 itself provides for separate legal entity and...
Section 34 Arbitration And Conciliation Act, 1996- Time For A Rethink
The concept of arbitration/alternative dispute resolution has been prevalent in the Indian subcontinent right from ancient times. The panchayat system of resolving disputes was a unique form prevalent in the subcontinent on lines of personalised resolution of disputes at the lowest level. With the advent of British rule in India, a more codified form of judicial system came into being. This also included arbitration as an alternative to the usual civil remedies to provide for a less...
Criminal Law Reforms : Introducing The 'Penalty Unit' & The 'Standard Scale'
One happy development in the legal field during the Covid-19 lockdown was the formation of a five-member Committee for Reforms in Criminal Law ("Committee") as reported here. The Committee is to "recommend reforms in the criminal law of the country in a principled, effective and efficient manner that ensures the safety and security of the individual, the community and the nation; and which prioritises the constitutional values of justice, dignity, and the inherent worth of the individual."...
Vizag Gas Leak Incident: A Case For Absolute Liability?
With 12 people dead in a major accident after the leakage of Styrene, a hazardous and toxic chemical[i], the question of civil liability of the chemical factory – LG Polymers India Pvt. Ltd, an enterprise engaged in hazardous or an inherently dangerous industry, once again comes to the forefront. While this question may find a final clarity through the "In Re: Gas Leak at LG Polymers Chemical Plant in RR Venkatapuram Village Visakhapatnam in Andhra Pradesh" taken up suo moto by the...
Jurisdiction Of Bar Council Of India Over SCBA?
The recent action by the Bar Council of India to intervene and stay a resolution passed by the Supreme Court Bar Association has added a new twist to this tale of ongoing differences and issues plaguing the SCBA. In recent years, the Supreme Court Bar Association has seen public disclosure of internal disputes between its office bearers and executive Committee on more than one occasion. The Bar Council of India has been vested with various functions and duties under the Advocates Act...
