Articles
Copyright Law &Museum Industry
Copyright Law and the Museum industry may sound like an odd fit. But in truth, they are intricately linked in their purpose and the object, which is essentially to promote and encourage the progress of Science and art in order to constantly maintain the value and heritage attached to certain works. Museums have been defined by the Institute of Museum and Library Sciences...
Formation of the Committee Of Creditors under the Insolvency and Bankruptcy Code: A Visible Collusion
The Insolvency and Bankruptcy Code, with the primary motive of rehabilitation of financially distressed corporates, came into force with effect from 1st December 2016. The National Company Law Tribunal was constituted through a notification dated 1.06.2016 to pursue the afore goals. The Code empowered Insolvency Professionals and Committee of Creditors to exercise the most vital functions...
Ignorance Of Law In India: An Urgent Need To Fight Legal Illiteracy
The notion of Legal literacy is based on the principle that every individual must be aware of their rights and obligations. The maxim 'ignorantia juris non-excusat,' or 'ignorance of the law is no excuse,' implies that the Court presumes that every party is aware of the law and hence cannot claim ignorance of the law as a defence to escape liability. This Latin maxim and its wide...
An Overview Of The IBC's Precedence Over Actions Under Allied Laws
Insolvency & Bankruptcy Code, 2016 intends to provide a comprehensive approach to maximize assets and provide a remedy to the operational, financial creditors and corporate debtors within a specific timeline. Even in difficult times due to the Covid -19 pandemic, the Code envisages the market economy to mature through National Company Law Tribunals. However, the tribunals...
Do Hand Sanitizers Require A Drug License To Be Sold In Stores?
"Written laws are like spider's webs; they will catch, it is true, the weak and poor, but would be torn in pieces by the rich and powerful"Although written laws may be like spider's webs, which may catch the weak and poor, it would actually be torn in pieces by the vicious and the guileful. Time and again, amidst the covid-19 mayhem, which engendered a global...
Residual Doubt Theory: An Encouraging Addition To Indian Capital Sentencing Jurisprudence
While the theory of 'residual doubt' made its way into Indian criminal jurisprudence in 2014, its origins can be traced back to the United States of America. In 1984, Justice Thurgood Marshall, in his dissent, enunciated, "One of the most fearful aspects of death penalty is its finality.... The belief that such an ultimate and final penalty is inappropriate where there are doubts as...
Mig 29, Ryanair & A Mid – Air 'Hijacking': How Belarus Violated International Aviation Laws
In May 2021, Ryanair flight 4978 was enroute Athens (Greece) to Vilnius (Lithuania). While transiting over the Belarusian airspace, air – traffic controller informed the crew that there was a bomb on board and asked them to land. Within moments, a Belarusian MiG 29 fighter jet intercepted the flight and directed it to land in the capital city of Minsk. There was no alleged bomb found...
Service Of Summons Through WhatsApp
Considering the era we live in, the usage of WhatsApp in courts is neither surprising nor it is something new. But is the double blue tick on WhatsApp a prima facie proof of delivery of summons? Several courts in the country are experimenting with the usage of technology in judicial proceedings, especially while serving of official documents. There have been instances where the...
Indian Adoption Laws: Endless Wait For Children Orphaned During Pandemic
The COVID 19 has given birth to the issue of legal adoption of the large number of children orphaned due to the pandemic, and protection of such orphaned and/or abandoned children from child trafficking and flesh trade. The Ministry of Women and Child Development, in response to viral messages on social media offering children for adoption, published a notice on their website on how...
Ex-Parte Decree And "Sufficient Cause" For Non-Appearance
When an ex-parte decree is passed in a civil suit, an aggrieved defendant may resort to the remedy under Order IX Rule 13 Code of Civil Procedure, 1908. However, for such an application to be allowed, the defendant must satisfy the court either that the summons was not duly served or that the defendant was prevented by any "sufficient cause" from appearing when...
Audi Alteram Partem In RBI Master Circulars On Wilful Defaulter And Fraud
Non-Performing Assets (NPA) have been plaguing the Indian economy over the last decade. As per the 22nd Financial Stability Report released by the Reserve Bank of India in January (RBI) 2021, the NPAs are predicted to rise from 7.5 percent in September 2020 to 13.5 in September 2021 under the baseline scenario which might get further aggravated due to the second corona wave in India....
Intermediary Rules 2021 – Not Liberal
The Government of India has recently notified the Information Technology (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021 ["2021 Rules"]. These rules have the potential to impact the manner in which all Indians use social media, search engines, OTT platforms and the Internet itself. The Central Government is terming these rules to be progressive, liberal...