An Analysis Of Katta Sujatha Reddy (Part I) - Is The Specific Relief (Amendment) Act, 2018 A Prospective Or A Retrospective Legislation?

1 October 2024 marked the sixth anniversary of the Specific Relief (Amendment) Act, 2018 ('Amendment') coming into force. Over these six years, various questions have been raised before the courts regarding the scope and application of the Amendment, with one of the most significant being whether it should be applied prospectively or retrospectively. In August 2022, a three-judge bench of the Supreme Court, in Katta Sujatha Reddy v.Siddamsetty Infra Projects Pvt. Ltd., 2022 LiveLaw (SC(...

Conclusion: The Future Of Sale Certificate Registration Under SARFAESI

The contentious issue regarding whether the issuance of Certificate of Sale by Authorized Officer under the Rule 9(6) of the Security Interest (Enforcement) Rules, 2002 (hereinafter “the Rules, 2002”) is exempted from registration under Section 17(2)(xii) of the Registration Act, 1908 has been conclusively settled by the Apex Court in M/s Esjaypee Impex Pvt. Ltd. v. The Asst. General Manager and Authorized Officer Canara Bank1 ('Esjaypee Impex') while affirming, that such certificates would be...

Professor GN Saibaba's Death Is A Wake-Up Call To Prevent Abuse Of UAPA Against Dissenters

His tragic death exposes the harsh challenges the criminal justice system offers to those who question the State's power.

The Indian Ticket Scalping Scandal: Addressing Regulatory Gaps And Paving The Way Forward

Hoarding is an instinct rooted in the very fabric of life —creatures hoard to ensure survival during times of scarcity. Yet, humans have taken this primal instinct and mutated it to something far more insidious. We no longer hoard for survival, but for profit. No longer limited to tangible necessities, we hoard access, as was evident in the recent sales of the Coldplay concert tickets. Within 30 minutes of the ticket going live on BookMyShow, they were soldout, only to reappear later at ...

Abatement Of Proceedings Initiated Under Section 95 Of Insolvency And Bankruptcy Code, 2016 On Death Of Personal Guarantor

Recently in the matter titled M/s ApogeeEnterprises Pvt. Ltd. versus Late Shri Anil Nanda (C.P. (I.B) NO. 514 OF 2020 (“Apogee Enterprises”), the National Company Law Tribunal, New Delhi (“Adjudicating Authority”), while referring to the earlier judgments viz. judgment of the Principle Bench of the NCLT in the matter titled Alchemist Asset Reconstruction Company versus Deepak Puri (Company Petition no. IB 438 (PB) of 2021, NCLT, Delhi (“Alchemist Asset”), judgment of the Supreme Court in...

The Interplay Between Section 33 And Section 34 Of The Arbitration Act And Its Impact On Limitation Period

Settling disputes through arbitration has become the order of the day, with the disputing parties finding it cost-effective, flexible, and fast-paced. However, the outcome of an arbitration in the form of an arbitral award, may not be satisfactory on various occasions, hence, the aggrieved party can seek recourse for setting aside such an award. In India, Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act, hereinafter) elaborates the grounds on which an arbitral award...

Some Insights Into PMLA

The Prevention of Money Laundering Act, 2002 (“PMLA” for short) was enacted as a comprehensive legislation, inter alia, --for preventing the laundering of the proceeds of serious crimes, to provide for confiscation of property derived from or involved in money laundering, for setting up of agencies and mechanisms for coordinating measures for combating money laundering, and for matters incidental thereto. Even though the PMLA received the assent of the President of India on 17-01-2003 and was...

Understanding Probate: A Legal Framework

In legal matters concerning the estate of a deceased person, the processes of probate and partition play crucial roles in determining the fate of the deceased's properties. Probate refers to the legal validation of a will, while partition suits are often initiated to divide property among legal heirs, particularly when there is no will. In many cases, these two legal processes often overlap, raising various questions and challenging the jurisdiction of civil courts and probate courts....

Role Of The Judiciary In Shaping Juvenile Justice System In India

The history of juvenile justice laws in India finds its origin in various international conventions and guidelines. It is often based on the concept that a delinquent child who is under 18 years of age has a better chance of reformation and reintegration into mainstream society if proper care, protection, and correctional measures are taken by the state. Our country has seen paradigm shifts in the criminal justice system with the enactment of Juvenile Justice Legislation in 1986, 2000, and...

Re-Imagining Kafka's Courtroom: Unpacking The Procedural Challenges Of Trial-In-Absentia Under The New Criminal Procedure

The introduction of trial-in-absentia introduced under section 356[1] of the Bhartiya Nagarik Suraksha Sanhita, 2023[2] (for brevity, BNSS) supplanting the old Code of Criminal Procedure, 1973[3] (for brevity, CrPC), has drawn widespread criticism from the legal fraternity and public alike, for the perceptible reason that it reflects a reassertion of the outdated colonial ideas of justice, rather than eliminating them. A trial-in-absentia simply means conducting legal proceedings against...

“Corroboration” Under Section 157 Of The Evidence Act (Section 160 Of The Bharatiya Sakshya Adhiniyam [BSA] 2023

The later testimony of a witness can be “corroborated” by recourse to Section 157 of the Evidence Act. The said Section reads as follows:-“157: Former statements of witness may be proved to corroborate later testimony as to same fact.--In order to corroborate the testimony of a witness, any former statement made by such witness relating to the same fact at or about the time when the fact took place, or before any authority legally competent to investigate the fact, may be proved.” ...

All Indian Judicial Service: Serving With Purpose Or Problems?

Recently, CJI Chandrachud endorsed the proposal for a nation-level judicial recruitment system, seeking to centralize the recruitment process for the judiciary by replacing state-based selections with a unified, countrywide mechanism. This comes after President Draupadi Murmu, in a similar move, had called for an All-India Judicial Service (AIJS) in her inaugural address at the Supreme Court's Constitution Day celebration. While the proposal reflects potential in resolving several...