Articles
Insolvency Law in Review – February 2021
The enactment of the Insolvency and Bankruptcy Code 2016 (Code) has had significant ramifications on the corporate insolvency landscape. Over time, the Code has witnessed a manifold increase in litigation, and consequently in the number of decisions. This has made it difficult for insolvency practitioners to stay updated with developments in the field. The purpose of this column is to fill...
Right Of Residence Of Daughter-In-Law In Wake Of The New Judgment By The Supreme Court
Pitaji(father), Mataji(mother), Bahu(daughter-in-law) and Beta(son) were all living together happilyafter the marriage of Bahu and Beta. Their house let's call it, Swarg, where they all stayed, was owned by Pitaji. Mataji and Bahu used to cook together in the common Rasoi(kitchen). After a few years, differences arose between Beta and Bahu. Now, Pitaji wanted Bahu to leave Swarg....
Child Marriage And Muslim Personal Law In India
Recently, the High Court of Punjab & Haryana (India) held that marriage between a 17 years old girl and 36 years old man is valid. The couple belongs to the Muslim community and under Muslim Personal Law [Muslim law] i.e. uncodified religious law, marriage is allowed between Muslim individuals who have attained puberty i.e. the age of fifteen years. This goes contrary to the...
Does The Traceability Requirement Meet The Puttaswamy Test?
1. Introduction Encryption technology has popularly been used for varied purposes including secure communication. This allows for individuals to communicate amongst each other without anyone else being able to monitor the content of such conversations. This, thus, keeps such conversations even outside the purview of Law Enforcement Agencies ('LEAs'). This preserves the privacy...
Extension Of Limitation Prescribed Under General/Special Law Due To COVID 19 Pandemic – An Analysis
Various Statutes prescribe a time limit for filing of statutory appeal to the concerned appellate authority. Take for instance statute like Central Excise, Service Tax (Chapter V of Finance Act 1994), FTDR Act 1992, Electricity Act, Consumer Protection Act and so on. These statute while prescribing the time limit for filing appeal also provides for another period within which delay...
The Bench, The Bar, And The Balance
The irritated judge warned the counsel, "If you argue for another minute, I will impose a cost of Rs. 1000/-". The lawyer stopped, turned around to whisper to his client, and then said: "Your Lordship may impose a cost of Rs. 20,000/-", and continued to argue. I am not sure, who the judge was. I am not sure who the lawyer was. This corridor legend has its versions in almost all...
The Road Never Travelled: An Analysis Of The Constitutionality Of The Haryana Bill Reserving Jobs In Private Sector
In line with the recent surge in the autochthonous spirit that public policymakers have adopted, Haryana Governor Sh. SN Arya gave his assent to the Haryana State Employment of Local Candidates Bill, 2020. The assembly passed the Bill in November 2020. It is much on the same lines as the governments of Andhra Pradesh, and Madhya Pradesh promised. As of the date of writing, the Bill...
Non-Poaching Clause And Its Relation With Competition
Employers tend to prefer experienced professionals as opposed to an employee with no prior experience, especially in markets requiring skilled workers with technical knowledge. However, during lateral hiring, an employee also takes with one the technical skills and experience acquired over the period of employment. To ensure benefit, from an employer's perspective, in lateral hiring...
Re-visiting 'Reinstatement': The Vacillatting Interpretations Of 'Reinstatement'
The Industrial Disputes Act, 1947 at Section 11A confers upon Labour Courts, Industrial Tribunals and National Industrial Tribunals (collectively referred to as 'Tribunals') the power to "set aside an order of discharge or dismissal of workmen and direct reinstatement of the workmen on such terms and conditions, if any, as it thinks fit". The recently enacted Industrial Relations...
"Reasons To Believe": A System Of Checks & Balances On The Powers Of The Enforcement Directorate Under PMLA, 2002
Concept of 'Reasons to Believe' Strangely, the phrase "reasons to believe" finds no definition under the Prevention of Money Laundering Act, 2002 (PMLA) (hereinafter "the Act") despite being the sine qua non which empowers the Enforcement Directorate to attach the properties of a person alleged to be involved in money-laundering under Sections 3 & 4 of the Act. For guidance,...
Justice Indu Malhotra: The Breaker Of Glass Ceilings
It was a morning in 2007, an article caught my attention. 'Lady lawyer pierces glass ceiling' said the Times of India. That 'lady lawyer' was Indu Malhotra and she was only the second woman ever in the history of the Supreme Court to be designated a Senior Advocate. The other had been Justice Leila Seth in 1977, who had retired as a Chief Justice of the Delhi High Court. By contrast...