Articles
Extent Of NCLT’s Jurisdiction Over Contractual Disputes During CIRP
A moratorium (stay) is imposed on all the legal proceedings (pending or future) by virtue of Section 14 of Insolvency and Bankruptcy Code 2016 ( IBC), when Corporate Insolvency Resolution Process ( CIRP) is initiated against a Corporate Debtor ( CD). In case a third party initiates any action against the CD (in terms of any penalty) the Resolution Professional ( RP) on behalf of the CD can file an Application under Section 60 of IBC against such third party, before the National...
A Tribute To Justice Muralidhar By Justice R V Easwar
As I sat listening to the farewell speech of Justice Muralidhar on his retirement as Chief Justice of the Odisha High Court, two things struck me. First, can this man be provoked to anger at all? Second, why does he have to be so self-effacing? During my return flight to Chennai, I kept thinking of these traits in him. To the first question, the definite answer is a big NO. And the reason for this is quite simple, I thought. He does not view anything from a personal perspective, nor does he have...
By Not Standing Up For Justice S Muralidhar, Supreme Court Collegium Fails Yet Another Independent Judge
In the last week of February 2020, when parts of North Eastern regions of Delhi were gripped with communal riots, several injured victims were trapped in a relatively small hospital in Mustafabad. They needed emergency critical care and had to be immediately taken to a bigger hospital with facilities. However, due to the raging riots, ambulances were not in a position to reach there. Police assistance was not immediately forthcoming.In this backdrop, an emergency midnight sitting was convened at...
Multistate Cooperative Societies Amendment Bill 2022 – A Bird’s Eye View
“Founded on the principles of private initiate, entrepreneurship and self-employment underpinned by the values of democracy, equality and solidarity the co-operative movement can help pave the way to a more just and inclusive economic order.” Kofi Annan With the formation of the Union Ministry of Cooperation in July 2021 a separate administrative, legal and policy framework for strengthening and streamlining the co operative movement in the country was established....
AI, Actors, And Intellectual Property: Hollywood’s Struggle For Balance
The Writers Guild of America (WGA) and the Screen Actors Guild–American Federation of Television and Radio Artists (SAG-AFTRA) have gone on a strike. The WGA began on 02 May, 2023 followed by the SAG-AFTRA on 13 July, 2023. It is claimed that there shall be no writing, filming, casting or promotion of movies or television shows till their demands are met. Collectively, this is Hollywood’s first double strike in 63 years that could result in an estimated loss of $3 Billion to the US...
Dawn Of Mediation – A Relief For Justice?
The wait seems to be finally over! The entire mediation fraternity, like anxious fathers waiting outside the labour room, were waiting for the birth of Mediation Act. This seems to be the only discussion or question that was being asked by judges, mediators, arbitrators and lawyers in all the recent conferences and seminars on ADR – “When will the Mediation Act come?” But even now the child is in the incubator and has not come out of the labour room. The Rajya Sabha has passed the...
MahaRERA:De-Registration Of Real Estate Projects
The Real Estate (Regulation and Development) Act, 2016 (for short, “RERA”) which came into force on 1st May, 2017 has been enacted in the larger public interest for the purpose of settlement of disputes and smooth redressal of grievances between the home buyers and the builders/developers accompanied with increasing transparency in the real estate sector. Under section 34 of the said act, one of the functions of the RERA Authority is to register and regulate real estate projects and real...
Challenges Of Statute Mandated Arbitration Under The National Highways Act, 1956
Background“Interminable, time-consuming, complex, and expensive court procedures impelled jurists to search for an alternative forum, less formal, more effective, and speedy for resolution of disputes, avoiding procedural claptrap and this led them to Arbitration Act, 1940. However, the way in which the proceedings under the Act are conducted and without exception challenged in courts has made Lawyers laugh and legal philosophers weep. Experience shows and law reports bear ample testimony that...
Supreme Court's 'Illegal But Permissible' Jurisprudence
There is an obvious difference between a judgment of the Court and a newspaper editorial or an opinion piece. While both seek to take a principled stand and appeal to a higher ethical conscience, a court judgment has the power to create real world consequences, whereas an editorial piece can only aim to shape public opinion at an abstract level. The Court’s judgment can nullify the effects of an illegal act, restore justice to the affected party and visit the wrongful party with penal...
Green Hydrogen: Empowering India’s Journey Towards Energy Independence And Net Zero Emissions
“Sustainable and inclusive development has become a prevailing global agenda over the past few decades, garnering significant attention and dedication from nations across the world.” World Bank, 2018 (Transforming our World: The 2030 Agenda for Sustainable Development) Sustainable and inclusive development has been the global goal for the past few decades. Recent climatic conditions have emphasized on the need for the development to be eco-friendly and...
Decoding The Mental Healthcare Act, 2017: An In-depth Analysis Of India's Mental Health Legislation
In the coeval times, the term “health” is not limited to the physical aspect of the body but also includes mental and spiritual well-being. The concept in itself has attracted colossal credibility and has encouraged the government to look after the existing facilities and make way for up-to-the-minute developments taking place in terms of mental health care. The Mental Health Care Act, 2017 has a history of originating in the earlier act, the Mental Health Act, of 1987, which was a beacon...
