Issuance Of Certificate By Banks U/S Sec.9 Of I&B Code, 2016, An Extra Impossible Task Thrust Upon Banks

The recent order of the National Company Law Tribunal, Mumbai Bench, dated 31.07.2017 in TCP No.409/(MAH)/2017 in the matter titled as Magicrete Buildings Solutions Pvt Ltd vs Pratibha Industries Ltd, will lead banks and financial institutions into an extreme legal necessity which is almost impossible to perform.As per Section 9 of the Insolvency and Bankruptcy Code, 2016, the banks are obliged to issue certificate to the operational creditor maintaining accounts with it, confirming that there...

The Right to Privacy Hearing: Problems and Prospects

A nine-judge bench of the Supreme Court reserved judgment on the issue of whether there exists a fundamental right to privacy under the Indian Constitution. The case, which arose out of the constitutional challenge to the Aadhaar Scheme (and which has been covered extensively on this blog), was argued over seven days. An informal record of the oral hearings, prepared by two of us, is available here (filter for bias, because both Prasanna and I were representing the Petitioners), and the parties’...

Cruelty To Women [498A] Apex Ruling: Wise Resolution?

The Supreme Court has directed the setting up of district level Family Welfare Centres to scrutinise and investigate complaints by a wife of cruelty by the husband or his family before a First Information Report (FIR) can be lodged. The FIR is the initial step which kick-starts the criminal justice machinery. The judgment seems largely based on the premise of misuse of the provision Section 498-A of the Indian Penal Code (IPC) dealing with cruelty to wife by the husband or his relatives.In a way...

Mediation: More Myths Busted

In the annals of Indian mediation literature, the column “Mediation Myth Busters 101” (Column) shall be surely something of a record. The Column has been authored by Mr. Anuroop Omkar and Ms. Kritika Krishnamurthy. In July 2016, I was trained by them during the course of 40 hours Training Program on Civil & Commercial Mediation & Negotiation. In the Column, the authors have lucidly dealt with mediation. Discussions on mediation invariably steer clear of two areas. First, the law on...

“I know Your Lordship’s Affection Towards Ladies!”

It was quite a while back. Former Chief Justice Of India, Justice Rajendra Babu was hearing a Transfer Petition filed by a husband to transfer a divorce case filed by his wife to the place of his choice. As per the practice that existed then, the court was in no disposition to accept the husband’s plea. The earthy lawyer who was representing the husband realized the fate of his case; he knew that despite a good case, the Judge was in favor of the wife.  He pleaded desperately, “Please my lords,...

Trial Of Offences Against Children And Violation Of Child Rights-Thresiamma Varkey’s Case Creates A Catch-22 Situation

This is a short write up on Thresiamma Varkey vs. State of Kerala[1], wherein a Single Bench of the High Court of Kerala issued directions to the subordinate courts in the matter of trial of offences before the Children’s Court. It seems the Court has interpreted the section 86 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (the New Act) mistakenly. The question directly came before the Court was whether the Children’s Court can try an offence under section 26 of the...

Online Risks &Threats For Children: Legal Framework Vs Prevention Thru’ Education & Digital Parenting

 There is no doubt that the internet yields numerous opportunities and benefits for children in terms of its impact on their educational attainment. However, it has also exposed children to very serious dangers (modern age crimes) that defy age, geographic location and other boundaries, unlike in the real world.  Social networking sites have made things so easy for predators to target their victims online.Children are being groomed or lured into sexual conversation or exploitation by adult...

Publication of Photographs of Defaulting Borrowers: A Picture Imperfect?

Lending and borrowing of monies has been a practice followed since time immemorial and banks are the most affable financial institutions to accomplish the same. Defaults in payment of amount borrowed is a pressing issue of the day as Indian economy is choking on such defaults which have lead to bad loans worth thousands of crores. A ’wilful default’ is the most aggravated degree of such non-payment. According to RBI, a wilful default takes place when an entity defaults in making the payment...

Judgment Analysis: Ineligible Arbitrator Cannot Nominate Another Arbitrator says the Supreme Court

Amendments to the Arbitration and Conciliation Act in 2015 brought in the concept of "ineligible arbitrator".  As per the newly introduced Section 12(5), an arbitrator shall become ineligible if his / her relationship with the parties or counsel or the subject - matter of the dispute falls under any of the categories specified in Seventh Schedule of the Act. For e.g. if the arbitrator is an employee, consultant or advisor of one of the parties to the dispute he cannot act as an arbitrator.The...

Discussion On Maintainability Of Second Appeal Beyond Substantial Question Of Law

 There is nothing to suggest that the judges are infallible on law or facts. In such circumstances, prescribing that a second appeal would not be maintainable on the question of fact and even on the question of law would not be in the interest of general public. But the Section-100 CPC seems to restrict the appellate avenue so far as second appeal is concerned. It provides opportunity of second appeal only on substantial question of law. This definitely is different from a question of law as the...

RCEP IP Chapter: A Serious Threat to Access to Knowledge/ Cultural Goods?

Negotiators from sixteen countries are currently meeting in Hyderabad for discussing a free trade agreement titled Regional Comprehensive Economic Partnership (RCEP). Looking at the latest available IP chapter (leak dated October 15, 2015), RCEP stands to adversely  affect nearly half of the world’s population on areas like access to knowledge and access to medicines. We would like to highlight five issues related to access to knowledge/ cultural goods, based on the leaked IP chapter.Clear...

Clinical Legal Education – [Part III] The Harvard Law School Clinic Model

This piece is in continuation of the former two pieces on clinical legal education in India. The first piece provided a background to clinical legal education in India and the second piece looked into three different law school clinics to get an idea of how law school clinics operate in India. This piece looks at the Harvard Law School clinic model and compares it with its Indian counterpart.The Harvard Law School (HLS) Clinic Model What Is The Model?Harvard Law School (HLS) offers clinical...