Articles
Simplification Of Voluntary Liquidation In India
Before the introduction of Insolvency and Bankruptcy Code (“IBC”) in 2016, there were multiple overlapping statutes to govern the insolvency proceedings like Sick Industrial Companies, Act, 1985, Provincial Insolvency Act, 1920, Code of Civil Procedure, 1908, and SARFAESI Act, 2002, all these legislations apparently failed to address the bankruptcy issues. So, the Government of India in 2016 introduced IBC to improve the insolvency and bankruptcy process and to alleviate the distressed credit...
Toying With Human Rights – On Genocides, Massacres And Riots
In the words of Voltaire, those who can make you believe absurdities; can just as easily make you commit atrocities. This phrase holds a significant amount of truth about what goes on behind the smokescreen of genocides, massacres and riots. On the face of it, these mass atrocities appear to be the consequences of an irretrievable breakdown of dialogue between groups differing on matters of ideologies, rituals, beliefs or practices, so much so that they cannot even tolerate any divergences from...
Same Sex Marriage:The Current Conflict And The Way Forward
There is again a field ready for a confrontation between the government and the LGBTQIA+community as four gay couples have petitioned India's Supreme Court to allow same-sex marriages.The Supreme Court has given the government until January 6,2023 to respond. This action of the Supreme Court was followed by a vitriolicre mark from a member of parliament, Sushil Modi, who claimed that two judges cannot rule on the issue of same-sex marriage as the Indian society is"not prepared" to accept it and...
Claim For An Agreed Sum Vis-À-Vis A Claim For Damages
One of the most common remedies for refusal or failure of a party toperform its part of the promise is an action for claim of damages. These damagescan be unliquidated or liquidated. The law as enunciated by courts in Indiastipulates that even when a contract provides for liquidated damages, theinjured party has to prove its loss and can claim damages corresponding to theactual loss caused to it barring the cases where quantification of loss is notfeasible in the given facts.Apart from damages,...
Guidelines On Sexual Assault Cases: Roles And Responsibilities Of Police Officials And Other Stakeholders
Given rising instances of sexual assault, the importance of taking drastic measures to curb the menace of sexual violence cannot be gainsaid. Apparently, there are laws that abjure the evil and attempt to rid the society of its demonic presence. Yet, sexual violence has escalated leaps and bounds into an epidemic that State now has little control over. To speak of the executive front, special steps that shall be taken in cases of sexual assault are missed, resulting in torment to the...
Personality Rights: Interpretation And Scope
When Amitabh Bachchan got rejected as a radio presenter for his baritone, little did he know that several years down the line he would be in the Courts seeking protection from the rampant commercial use of the same much-admired voice. Not only is the anecdote an inspiration for many, but also, it brings to the fore a legal concept of great significance in the current times i.e. the concept of personality rights. The instant case pertains to a suit filed by the veteran actor, Amitabh...
The New Legal Framework For Telecommunications: A Tool For Legal Regulation Or Public Surveillance?
On September 21, 2022, the Department of Telecommunications initiated public consultations on a proposed new legal framework for telecommunications. The Draft IndianTelecommunications Bill, 2022 (hereinafter, Draft ITB), is one of three proposed laws, collectively forming a pioneering scheme aimed at modernizing the archaic laws governing telecommunications and IT-related matters. The Bill seeks to incorporate, within its ambit, all forms of telecommunication platforms, including social...
GST On Sale Of Not Readily Realizable Assets In Liquidation Under IBC
Under regulation 37A of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 permits a Liquidator to assign or transfer a 'not readily realizable asset' ("NRRA") through a transparent process, (in consultation with the stakeholders' consultation committee) for a consideration to any person, who is eligible to submit a resolution plan for insolvency resolution of the corporate debtor. The explanation to regulation 37A further clarifies that for the...
Criminal Procedure Identification Act, 2022
The recently enacted Criminal Identification Act, 2022 has spurred a lot of protests among human rights activists. This law replaces the colonial Identification of Prisoners Act, 1920 and authorizes the executive to take measurements of convicts and other persons for the purpose of identification and investigation in criminal matters. It also authorizes the preservation of records and data. The Criminal Procedure (Identification) Bill, 2022 was introduced in the Lok Sabha on 28th March...
The Digital Data Protection Bill, 2022 And The Concerns Associated
Center's Ministry of Electronics and Information Technology (MeitY) recently tabled another version of the data protection bill called the Digital Data Protection Bill, 2022. This is the fourth instance when the Center presented a bill on data protection. The Supreme Court, in Justice K.S. Puttaswamy (Retd.) &Another vs. Union of India & Others, 2017, held that the right to privacy is a fundamental right enriched in Article 21 of the Constitution of India. Subsequent to this, the...
Victim Participation In Criminal Justice System: An Indian Perspective
The crime victims' rights movement advocates for the rights of the victims of crime in criminal justice process. The concern for victim's rights had long been subdued. Eventually over a period, the victims' rights have become a focal point of the discussion. Starting from the point when an offence is reported to the investigating agency, till the stage of filing of charges and commencement of trial, the role of victim is overshadowed by the prosecuting officers. In earlier times, the...