Pari Delicto - Restitution's Nemesis?

In the jurisprudence of contract law, various doctrines have established precedents which have helped the law to evolve with the efflux of time through robust judicial interpretation. One such intriguing doctrine is the doctrine of pari delicto, flowing from the latin expression meaning in equal fault. It closely bonds itself with another doctrine of ex turpi causa, which holds that actions shouldn't follow from improper causes. The major thrust of both these doctrines circumscribes the...

Quandary Of Dissenting Financial Creditors Having Security Interest: Perhaps Supreme Court's Larger Bench To Guide Dissenting Financial Creditors

The recent judgment by a Two-Judge Bench of the Supreme Court, delivered by Justice Sanjeev Khanna and Justice S.V.N. Bhatti on January 3, 2024 in DBS Bank Limited Singapore v. Ruchi Soya Industries Limited and Another[i] (hereinafter “DBS Bank Judgment”), has stirred considerable legal interest by taking a divergent view from the earlier India Resurgence ARC Private Limited v. Amit Metaliks Limited & Another[ii] (hereinafter “India Resurgence ARC judgment”). The central issue revolves...

Work Still In Progress: Delayed Implementation Of Women's Reproductive Rights

In the unfolding of recent events, Delhi has illuminated a spark regarding the administrative delays in women's reproductive rights. Mr. V.K Saxena, Lieutenant Governor of Delhi, after a delay of 2 years, approved the Medical Termination (Amendment) of the Pregnancy Act, 2021. Expressing his discontent, he blamed the Aam Aadmi Party Government for the unfortunate delay in implementing the MTP Amendment, in 2021, turning the stage into a blame game. A closer look at the situation gives us a...

Community Service Sentencing And Its Significance In The Indian Criminal Justice System

Over the years, Indian lawmakers and legal authorities recognized the need for alternative forms of punishment that focus on rehabilitation and community involvement. Amendments and changes in criminal laws have provided a legal basis for incorporating community service. The recent adoption of community service sentencing as a form of punishment in the Bharatiya Nyaya Sanhita has focused on the significance of community sentencing in India. The adoption of community service in India...

Buried Treasure Or Burden? Unmasking Crown Debt In India's IBC Framework

Crown debt are defined as the debts owed to the State or the king; debts which a prerogative entitles the Crown to claim priority for before all other creditors[1]. This would mean precedence of government debts such as income tax, excise, customs, and GST over debts owed to secured or unsecured creditors and financial institutions such as Banks and NBFC's during debt recovery proceedings. The introduction of Insolvency and Bankruptcy Code,2016 (hereinafter referred to as “IBC”) in the...

Missing Scale Of Justice To Weigh The Grant Of Interim Relief In Arbitration Proceedings

Despite a long history of arbitration laws in India, the scope of powers of the Courts/ Arbitral Tribunals under Section 9/ Section 17 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) remains a topic of further enquiry and the jurisprudence continues to take twists and turns. Section 9 and Section 17 of the Arbitration Act empower the Courts and Tribunals to grant interim relief to parties in an arbitrable dispute. The aim of securing interim relief is to not only protect...

Ram Rahim's Parole Saga: Legal Questions, And Call For Reforms

On January 19, 2024, Gurmeet Ram Rahim, the Dera Sacha Sauda chief, was released on a 50-day parole from prison for the 9th time, marking 7th in the recent 2 years. He is serving a 20-year jail term for raping two of his disciples. He is also convicted for murdering a journalist Mr. Ram Chander Chhatrapati and his own Dera manager Mr. Ranjeet Singh in 2002, and awarded life sentences which will run after the end of this 20 years term. The recent timeline of granting him parole in the...

Mahatma Gandhi Murder Case – Brief Facts

On this day, 30th January, the father of our nation was murdered by Nathuram Vinayak Godse, a Hindu Mahasabhaite. Date of Assassination30th January, 1948FIR registered on 30th January, 1948 at 5:17pmFIR lodged by Nandlal Mehta at Tuglak Road P.S.Police submitted charge sheet 27th May, 1948Number of Prosecution Witnesses149Total number of Accused persons Out of 11 accused , 3 were declared absconding. Thay are: Gangadhar Dandwati, Gangadhar Jadhav, Suradeo SharmaOffences under: Section 302,...

A Judgment That Is Going To Cost Me The Chief Justiceship

Two days after our Constitution came into force, the Supreme Court had its first sitting on the 28th of January 1950 at the Parliament House complex – the building which functioned as the Apex Court, till it moved to its present location at Tilak Marg. At this august gathering of the Judges of the Supreme Court, Chief Justices of High Courts, Advocates General, Prime Minister Nehru, Deputy Prime Minister Patel, and several others, Attorney General Motilal Setalvad, while noting that the Court...

Message In A Bottle

Though the sun was very bleak on late afternoon of January 19th, 2024, but it shone extremely bright in the Supreme Court of India, when the Full Court conferred the honour of Senior Advocates on 56 lawyers, 11 of them being women. Designations in the Supreme Court are usually internal ongoings of the court not attracting much interest, but this time they have been keenly observed by the media and public. Designations usually happen almost every year, or even a couple of times in a year....

Evolving MSME Jurisprudence: A Look At Important Decisions From 2023

In the dynamic realm of Micro, Small, and Medium Enterprises (“MSME”) Law in India, the year 2023 emerged as a pivotal chapter marked by significant judicial pronouncements that reshaped the contours of this relatively nascent legislation. The long title of the Micro, Small and Medium Enterprises Development Act, 2006 (“MSMED Act”) sets out the reasons for its enactment – namely, “to provide for facilitating the promotion and development and enhancing the competitiveness of micro, small...

Justice Abhijit Gangopadhyay: Calcutta High Court Judge With Penchant For Courting Controversies

Recently, Calcutta High Court judge, Justice Abhijit Gangopadhyay stirred controversy when he ignored and declared illegal an order of a division bench presided over by Justice Soumen Sen, who had stayed the single judge's order for a CBI probe into medical admission irregularities in West Bengal.Justice Soumen Sen, a senior judge, presided over a division bench also comprising Justice Uday Kumar, and stayed the single bench's verdict upon noting that no opportunity was given to the State to...