Articles
Section 99 Of Finance Act, 2020, Judicial Act And Its Constitutional Validity
Introduction Section 99 of Finance Act, 2020 (hereinafter for sake of brevity referred to as "the Finance Act") has sought to amend the first proviso to section 254(2A) of the Act in respect of granting stay in any proceedings relating to an appeal filed before the Hon'ble Income-tax Appellate Tribunal ("the ITAT"). This amendment has the potential to be interpreted in a manner...
Alternative Remedies For Operational Creditors In view Of Increase In Threshold For Filing CIRP
The Union Finance Minister of India has on March 24, 2020 notified in the official gazette that the threshold for triggering insolvency proceedings under the Insolvency and Bankruptcy Code, 2016 ("Code") stands increased with immediate effect from Rs.1,00,000/- to Rs.1,00,00,000/-. The reason for the increase of threshold is to prevent triggering of insolvency proceedings against...
Can Digital Versions Of Law Journals Be Regarded As 'E-Books' For Purposes Of GST?
Lawyers are familiar with accessing judgments/statutes/notifications using softwares installed on our computer from a DVD or a pen drive/dongle. Some of these applications require we plug in a dongle for its functioning. These applications are usually provided by publishers of law journals along with the journals for free or at a price, and in a way provides digital access to...
Decoding Preferential Transactions Under The Insolvency And Bankruptcy Code
Black's Law Dictionary defines "preferential transfer" as "a prebankruptcy transfer made by an insolvent debtor to or for the benefit of a creditor, thereby allowing the creditor to receive more than its appropriate share of the debtor's assets". Insolvency and bankruptcy laws across the globe, including the recently introduced Insolvency & Bankruptcy Code, 2016 ("IBC")...
The Homebuyer Amendment: No Home,No Hall Of Justice
Owning a home is a dream that is common to many Indians. It is the ultimate security. Unfortunately for most, the path to owning a home is treacherous and cumbersome. It's an uphill battle that begins with saving enough for the down payment and then continues into finding a house that matches your dreams; one that is often just a picture in a brochure. After signing many agreements (on...
Draft EIA Notification 2020 And Its Potential Impact
The Ministry of Environment, Forest and Climate Change ("MoEF") in exercise of the powers conferred under Environment (Protection) Act, 1986 published the Draft Environment Impact Assessment Notification, 2020 vide S.O. 1199(E) dated March 23, 2020 in the Official Gazette on April 11, 2020 ("Draft EIA"). The Draft EIA, once notified, will supersede the present Environmental Impact...
Employer's Liability During Lockdown – Need To Clear The Air!
The prevailing lockdown in India has definitely improved the air quality index, however, the air around an employer's liability during the lockdown is getting murkier by the day. Recently, vide Order dated May 17, 2020 ("Order"), the Ministry Home Affairs (through Union Home Secretary), laid down fresh guidelines for Lockdown 4.0 which comes into effect from May 18, 2020. Interestingly,...
The Value Of Human Life And The Great Slippery Slope Argument
Modern Medicine has reached an age, where the Health care professionals intuitively seek to prolong life so long as it is possible to do so. Alternatively the Doctors may themselves raise the question, as to whether it is in the patient's best interest that he or she should live.[1] Two situations in which life and death decisions become fundamental and unavoidable are when we are born...
Covid-19 Lockdown: Can You Use Change Of Law Clause To Seek Exemption?
Introduction When a contract is entered into, both the parties are expected to factor in all legal requirements in arriving at mutually agreeable rights and obligations. However, since laws can alter over the course of execution of the contract and this in turn can swing the contractual equilibrium, change of law clause is incorporated to set right the undue burden created by...
A Conspectus Of The Global Judicial Response To Covid-19
This article seeks to give a conspectus of how the courts have, globally, reacted to the pandemic, not in terms of the volume of cases handled by them, but by the nature of judgments/orders passed. The challenges faced by the judiciary are not endemic to India, and the manner in which the courts have responded all over the world, makes for an interesting read. UNITED...
Losing The Art Of Cross-Examination In Civil Law: Issues Compounded By Local Commissions And Video Conferences
Introduction: Lawyers were once known by their ability to cross-examine and deftly deal with witnesses, to prove their case. With time, dwindling patience levels in the legal fraternity and on account of the ambition to start off in the profession at the highest possible appellate courts and specialized tribunals, the quality of cross examination has effectively reached a new...