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...

Critical Analysis Of The Banking Laws (Amendment) Bill, 2024

Recently, the Ministry of Finance proposed the Banking Laws (Amendment) Bill, 2024 in the Parliament. The bill seeks to amend the Reserve Bank of India Act, 1934, the Banking Regulation Act, 1949, the State Bank of India Act, 1955, and the Banking Companies (Acquisition and Transfer of Undertakings) Acts of 1970 and 1980 to enhance the regulatory framework for the banking structure in India.[1] Salient Amendments And Its Implications The bill amends the explanatory procedural...

Cloaked In Paternalism: The Unconstitutional Reach Of The UP Anti-Conversion Act

The Uttar Pradesh assembly recently passed some key amendments to the already contentious Uttar Pradesh Prohibition of Unlawful Conversion of ReligionAct, 2021. [UP Anti-Conversion Law] The recent amendments seek to increase the already unreasonable imprisonment terms provided for in the Act. However, the most alarming feature unveiled is the classification of all offences under the act as non-bailable & cognizable, bringing the law at an equal footing with the bail denying...

Significant Amendments Under The Foreign Exchange (Compounding Proceedings), Rules

Under the Foreign Exchange Management Act (FEMA), 1999, when a person using foreign exchange does not comply with the provisions of “FEMA” he commits a contravention. Contravention means a non-compliance of provisions of the act and it includes rules/ regulations/ notification/ orders/ directions/ circulars issued under the act.[1] The term compounding is a voluntary act through which a person admits to such contravention and seeks redressal for the same. The Reserve Bank is empowered...

The Privacy Shortfall: Revisiting The Youth Bar Guidelines

The case of the Youth Bar Association of India is a landmark judgement, providing guidelines on uploading each First Information Report (“FIR”) online, registered in the territory of India, making these 'public documents'[1] more accessible to the public at large. Since then, the police officials seem to have been abiding by the directions of the Apex Court in this regard. Until recently when there surfaced news stating that 'several police stations in Chandigarh have not been ...