Articles
Vicarious Liability In Cheque Bounce Cases: Unable To Quash Trial Court Proceedings
“A Mumbai-based director of a company finds himself in hot water after a cheque issued by his company towards a creditor bounces due to insufficient funds. Despite not being involved in taking the loan or signing the cheque, the director is sued alongside nine other employees of the company. To his surprise, he discovers that there is no provision to directly quash the complaint before the trial court, and he must go all the way to the Delhi High Court for relief.”
Avoidance Of Undervalued Transactions Under Section 45 Of The IBC, 2016
The transactions that can be avoided or those referred to as avoidable transactions are covered under Sections 43 to 51 of the Insolvency and Bankruptcy Code, 2016, respectively. There are three types of transactions that fall within this category, preferential (Section 43), undervalued (Section 45), and fraudulent (Section 66) transactions. In the landmark case of Anuj Jain Interim Resolution Professional for Jaypee Infratech Limited Vs. Axis Bank Limited etc, the Supreme Court discussed the...
World Environment Day: Important Judgments On Environmental Protection
“Natural resources are the assets of the entire nation. It is the obligation of all concerned, including the Union Government and State Governments to conserve and not waste these resources. Article 48-A of the Constitution requires that the State shall endeavour to protect and improve the environment and to safeguard the forest and wildlife of the country. Under Article 51-A, it is the duty of every citizen to protect and improve the natural environment including forests, lakes, rivers and...
Market Value, Can The Collector Look Beyond The 3 Parameters Provided In Clauses (a), (b) And (c) Of Section 26(1) Of The 2013 Land Acquisition Act?
Section 26(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is as below: ‘(1) The Collector shall adopt the following criteria in assessing and determining the market value of the land, namely:— (a) the market value, if any, specified in the Indian Stamp Act, 1899 (2 of 1899) for the registration of sale deeds or agreements to sell, as the case may be, in the area, where the land is situated; or (b) the average...
Restrictive Clauses V. Law Of Limitation: Can The Right To Arbitration Be Restricted To A Lesser Period Than Provided Under The Limitation Act?
It is not uncommon for arbitration practitioners to come across agreements, the provisions of which are lop-sided and designed to favour the dominant party or the employer. These clauses are almost non-negotiated and one party is often made to sign on the dotted lines. These may inter alia include clauses like the requirement of mandatory pre-arbitration deposit,[1] unilateral option clauses,[2] unilateral appointment clauses,[3] clauses restricting the right to nominate an arbitrator from a...
Improving The Functioning Of The National Company Law Tribunal – A Perspective
The National Company Law Tribunal (NCLT), established on 01 June 2016 under the Companies Act, 2013, is a premier tribunal in the commercial and economic field. Its primary litigants are financial sector entities and bodies corporate. The enactment of the Insolvency & Bankruptcy Code, 2016 (IBC) is often cited as one of the main drivers for India’s quantum jump from rank 142 in 2014 to 62 in 2019 in the Ease of Doing Business Rankings, the most recent year for which data is...
Adani-Hindenburg : Did The Supreme Court Panel Ask The Right Questions?
To get the right answers, one needs to ask the right questions.The expert committee constituted by the Supreme Court in the Adani-Hindenburg case has made a prima facie finding that there is no regulatory failure on the part of the Securities and Exchange Board of India (SEBI) in relation to the Adani group of companies. However, a reading of the 173-page report leaves an impression that the committee has omitted to ask certain right questions. At some places, it seems that the committee has...
Data Protection Standards For Cross Border Data Transfers In India: Suggestive Approaches And Way Forward
Global data flows have substantially risen in recent years, along with trade in digital services across borders. As per the Report published by the World Bank, in 2020, global internet traffic was estimated to be approximately three zettabytes which counts to one GB per day per person. This volume is expected to double fold itself in the coming years. Such a huge amount of data flow is pushing the growth of International trade. Cross-border data flows facilitate trade in goods, enhancing...
Kiren Rijiju : Law Minister Who Crossed The Line Too Far With Rhetoric Against Judiciary
Kiren Rijiju spent nearly two years as union law minister, of which almost six contentious months was spent at loggerheads with the judiciary over a number of issues – ranging from the selection of judges to the problem of pendency. In this time, he has been a tireless advocate for enlarging the role of the executive in judicial appointments, becoming somewhat of a messiah to opponents of the existing collegium system. Rijiju, a law graduate from Delhi University’s Faculty of Law and...
“Delhi High Courts Direction On Reviewing The Government Policy On The Patentability Of Business Method Patents.”
The issue of patentability of business method patents is complex and multifaceted, and it varies between jurisdictions. Recently, the office of the Controller of Patents and Designs refused the application for grant of a business method patent titled ‘System and method to provide gift media’ under Section 15 of the Patents Act, filed by US-based company OpenTV Inc. In response to its refusal, the company filed an appeal before the Delhi High Court. The Court said that there is a need to...
Justice MR Shah : A PM Modi Admirer, Known For Pro-Executive Stance In Civil Liberty Issues
Justice Shah has on certain occasions shown the propensity to stretch law and logic to reach what appears to be prejudged conclusions, which, incidentally or accidentally, turned out to be in favour of the executive.