Jet Airways CIRP : Need To Adopt UNCITRAL Model Law On Cross Border Insolvency

Jet Airways Case: Background The need for the implementation of proper legal framework for Cross Border Insolvency proceedings is triggered in Jet Airways Scenario. District Court in North Holland declared Jet Airways bankrupt on May 22 in response to a complaint filed by two European creditors. A letter was issued by the Dutch trustee (equivalent to insolvency professional in India) appointed by the Dutch Government addressing Ministry of Corporate Affairs and other secured creditors...

Soul-Searching From Pune To Indore Via Delhi

The Battle of Poona was won on Diwali in 1802. Yashwantrao Holkar of Indore marched to Pune, consolidating his position in the Maratha Confederacy and emerged victorious against his Pune counterpart in the battle fought outside Hadapsar. This accumulation of political wealth by Indore was soon to be threatened by outside interests. Elsewhere in 1802, two oceans and three continents away, the Supreme Court of the United States under Chief Justice Marshall was gearing up for a forward push...

Condonation of Delay In Filing Petitions Under Special/Local Law – Issue Should Be Heard By A Larger Bench

IntroductionTime limitation of filing a suit/appeal/application stands prescribed under provisions of the Limitation Act, 1963. Sections 4 to 24 of the Act deal with exclusion of certain time periods in calculating such prescribed time periods. Section 5 deals with the condonation of delay. It provides that if a 'Court' is satisfied that the appellant/applicant had sufficient cause for not preferring the appeal or making the application within limitation, the Court may admit the same after the...

RTI Amendments: An Obituary To Independent Information Commission

[We were celebrating the 12th October as RTI formation day. But immediately after 12 days we are now compelled to mourn the sad demise of institution of Independent Information Commission on 24th October 2019 on which the destructive Rules are notified.]

Why Justice Arun Mishra's Non-Recusal Is A Problematic Precedent?

The order has considerably diluted the golden principle that "Not only must Justice be done; it must also be seen to be done."

Though Path-Breaking, The Operational Scope Of Sections 156(3) And 173(8) Cr.P.C. Enlarged By Breaching Judicial Propriety

I had occasion to read from www.livelaw.in, a 66-page judgment dated 16-10-2019 rendered by 3 learned Judges of the Hon'ble Supreme Court of India in Vinubhai Haribhai Malaviya and Others v. The Stateof Gujarat and Another (Criminal Appeal Nos. 478-479 of 2017). The Bench has mainly held as follows:- i. The power of the Magistrate under Section 156 (3) Cr.P.C. can be exercised even at the post-cognizance stage until the commencement of trial i.e....

The MHA Need To Have A Cautious Approach To Criminal Procedure Reforms

The Nation wants to know the intent and contents of the proposed amendments in criminal laws ensuing the statement of the Union Home Minister Mr Amit Shah that was made couple of weeks ago. Not much is known about the actual motivation and direction about seemingly sweeping amendments that are intended to be caused in the Indian Penal Code, Criminal Procedure Code and some other criminal laws. These crucial amendments would amount to redefining of criminal justice policies without a...

The Desirability Of A Permanent Constitution Bench In The Supreme Court

In 1950, the maximum number of judges in the Supreme Court was seven plus the Chief Justice of India. This number was increased to 11 in 1956, to 14 in 1960, to 18 in 1978, 26 in 1986, 31 in 2009.The recent increase, following a letter by Chief Justice Ranjan Gogoi to the Prime Minister, has brought the number of judges in the apex court to 34, including the CJI. According to a recent report in the Times of India, the Supreme Court is to have a permanent Constitution Bench from October 1,...

The Significance Of Bombay HC Ruling On Phone Tapping

In each of its three conclusions – on illegality, on the remedy, and on evidence – the Bombay High Court engaged in a textbook application of law and precedent

Amended Section 6 Of Hindu Succession Act : Cauldron Of Confusions

1. The amendment of 2005 to Hindu Succession Act is a cauldron of confusions and inconsistencies. This might be because of factors such as imperfect language used in the amendment , inconsistent judicial interpretations and also injustice resulting to wife of the coparcenor. 2. Historical background: Before the enactment of the Hindu Succession Act, 1956, Hindus were covered by Shastric and customary law which varied from region to region. Dayabhaga school of law was prevalent in...

Section 50 NDPS Act: Mis-Understanding The Jurisprudence Of Compliance

This is a response to "Section 50 NDPS Act: Understanding the Jurisprudence of Compliance", In the aforesaid article, the author has concluded that Section 50 requires a mandatory search of a suspect in the presence of a Magistrate or a Gazetted Officer. The presence of a Magistrate or a Gazetted Officer is an inviolable requirement. The relinquishment or waiver by accused for search in the presence of a Magistrate or a Gazetted Officer is insignificant. The conclusion is...

COFEPOSA: Is The Recent Supreme Court Judgment In Dimple Happy Dhakad Against Settled Position In Law?

A two-judge bench of The Hon'ble Supreme Court of India, in a recent judgment in Union of India v. Dimple Happy Dhakad (AIR 2019 SC 3428) set aside a Bombay High Court judgment, which had quashed detention order passed against one Dimple Happy Dhakad, thereby restoring the detention order. One of the major ground discussed for setting aside the detention order was the non-pendency of a bail application of the accused, rendering the detention order bad in law. The judgment of the...