Articles
Relevance Of Doctrine Of Priority In Liquidation Under Insolvency & Bankruptcy Code
It is a well established principle that where conflicting, but equal interests have been created in favour of multiple persons, it should be determined based on the maxim qui prior est tempore potior est jure, i.e., he who is earlier in time is stronger in law. This principle has been incorporated under the Transfer of Properties Act, 1882, as Section 48, which provides that where a person purports to create by transfer at different times, rights in or over the same immovable property,...
Data Minimalism, Class Recordings, And Pandemic
The Pandemic has created a real danger to the society, apart from the casualty there have been some major political-legal changes, with the emphatic rise of populism and concentration of power, the legal landscape has been at the receiving end. One such right which demands mention in this changing scenario is the right to privacy; due to its nascent origin, privacy is at the receiving end, who could forget the last year issue of contact-tracing applications, all these issues have raised...
Pride Not Prejudice – LGBTQ+ Representation In The Judiciary
We celebrate June as Pride Month to acknowledge the pop of colour that the LGBTQ+ community adds to our society. This month, we renew our commitment to fight for their equal rights and fair treatment. The celebration of Pride Month can be traced to the Stonewall Uprising of 1969 in New York. The Stonewall Inn was a popular gay bar in Greenwich Village (New York City), which was raided by the police in the early hours of 28th June, 1969 to investigate the illegal sale of alcohol at the...
The Incomparable Vivian Bose
It is given to very few to earn great laurels, leave an indelible imprint on men and matters and illumine the landscape with their effulgence. Justice Vivian Bose is one such legend- an all time great. Vivian Bose belonged to the distinguished Bose family which migrated from Bengal to what was then known as Central Provinces and Berar and made an indelible mark on different walks of life. His grandfather, Sir Bipin Krishna Bose was looked upon as one of the makers of Central Provinces. The...
The Real Meaning Of Anticipatory Bail: Interpreting Section 438 Cr. P.C
"Anticipatory bail" is not defined in the Code of Criminal Procedure,1973, it was not even a part of the earlier 1898 code. The term was first time mentioned by the 41st Law Commission Report,1969 in which a need was felt to include such provision to safeguard an accused who is apprehending or has a reason to believe that he may get arrested for a non-bailable offence. Further, the need for such provision arose because now and then prominent persons try to accuse their rivals in false...
COVID 19 And Vaccine Equity. What Can Be Done?
The world is in a state of a global health emergency, where societies, economies, and livelihoods worldwide are in a dire situation .Globally as of 5th June 2021 there have been 172,242,4965 confirmed cases of COVID-19 including 3,709.397 death reported to WHO. And as of 1 st June 2021 a total of 1, 638,006,899 vaccine doses have been administered . [1] In this extraordinary global health crisis we must ensure fair and equitable access to vaccines, and ensure every country receives...
Schrödinger's Cat Of A Degree: B.A., LL.B (Hons.) Saga
The ongoing litigation of the B.A., LL.B (Hons.) Degree, which challenges the legality of the degree itself, is a case of Schrödinger's Cat. Whether the B.A.,LL.B(Hons.) getting approved or not? What are the complexities and legal issues surrounding it? Some of them may be answered through this article, some will have to interpreted by the courts. There has been a series of cases on the issuance of B.A., LL.B (Hons.) Degrees. Case No. 1: Richa Dhawan v. GGSIPU & Ors. [1] ...
Insolvency Law In Review – April 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 this gap by providing brief summaries of latest decisions, from the various fora dealing with...
The Law Governing Social Media Influencers
The Advertising Standards Council of India (ASCI), on 27 May 2021, has released the final 'Guidelines for Influencer Advertising in Digital Media' (Guidelines) applicable for all posts published by influencers post 14 June 2021. The primary objective of these guidelines is to enable consumers to identify paid promotional content from the other content posted by influencers. This is aimed at preventing business owners and influencers from misleading customers through promotional posts or...
Train And Reign The Indian Courts
"Judges play – at all levels – a vital role as teachers and thought leaders. It is their role to be impartial in words and action, at all times. If they falter, especially in gender related crimes, they imperil fairness and inflict great cruelty in the casual blindness to the despair of the survivors." [Aparna Bhat v. State of Madhya Pradesh] To the question-"whether it is immoral to have consensual sex with different person, the Prosecutrix answered that she does not believe anything...
Delayed Submission Of Claim By Operational Creditor In Liquidation Process
During the procedure of insolvency resolution, if the resolution plan fails, the corporate debtor is liquidated. Under S.33 of Chapter III of the Insolvency and Bankruptcy Code, 2016 ("Code"), which deals with liquidation process, the National Company Law Tribunal ("NCLT") orders the liquidation of corporate debtor and a liquidator is appointed as per section 34 of the Code. Regulation 12 of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 ("Regulations")...