Articles
Contribution Of Dr. Justice S. Muralidhar To Orissa Judiciary
“A great leader’s courage to fulfil his vision comes from passion not position.” The wordings of John Maxwell vastly demonstrates the very essence of Justice Muralidhar’s tenure as a Chief Justice in the High Court of Orissa. His passion for law and justice transcended beyond the fragile limitations of pride and prejudice prevalent in the legal fraternity. The bounds of...
The Ambiguity Of Copyrightability Of AI-Generated Works
An increasing number of people are becoming aware of the usability of tools such as Chat GPT, DALL-E, and Midjourney. Undoubtedly, the influence of such tools is seen to be prominent in the creative realms, making it easier to turn your concepts into different forms of art by inputting the right prompts, but like any new trend which lacks formal legal endorsement, the sudden increase...
Corporate Distress And Compassion: Integrating Humanitarian Values Into NCLT's Decisions
The Insolvency and Bankruptcy Code, 2016 (IBC) is a landmark legislation that aims to provide a speedy and efficient resolution of Insolvency and Bankruptcy cases in India. The IBC empowers the National Company Law Tribunal (NCLT) to admit and adjudicate applications for initiating Corporate Insolvency Resolution Process (CIRP) against defaulting companies. The IBC's primary goal is...
'Denying Information Under The Guise Of Data Protection' : Concerns Raised About Digital Personal Data Protection Bill Amending RTI Act
The Parliament passed the Digital Personal Data Protection Bill on Wednesday. The Bill seeks to provide protection to “personal data” and has provision to process it for “lawful purposes.”However, a significant change that the Bill has introduced is an exemption to provide personal information under Right To Information Act (RTI).Section 44 (3) of the Bill amends Section 8 (1)(j) of...
Kerala Govt Decision To Appoint Justice Manikumar As SHRC Chairperson Raises Questions
The Kerala Government’s decision to appoint Justice S Manikumar as the Chairperson of the State Human Rights Commission within a few months of his retirement as the Chief Justice of the Kerala High Court raises questions.Post-retirement appointments, which take place soon after retirement, cast a cloud on the perception of judicial independence. Justice Manikumar had a fairly long stint as...
Extent Of NCLT’s Jurisdiction Over Contractual Disputes During CIRP
A moratorium (stay) is imposed on all the legal proceedings (pending or future) by virtue of Section 14 of Insolvency and Bankruptcy Code 2016 ( IBC), when Corporate Insolvency Resolution Process ( CIRP) is initiated against a Corporate Debtor ( CD). In case a third party initiates any action against the CD (in terms of any penalty) the Resolution Professional ( RP) on behalf of the CD...
A Tribute To Justice Muralidhar By Justice R V Easwar
As I sat listening to the farewell speech of Justice Muralidhar on his retirement as Chief Justice of the Odisha High Court, two things struck me. First, can this man be provoked to anger at all? Second, why does he have to be so self-effacing? During my return flight to Chennai, I kept thinking of these traits in him. To the first question, the definite answer is a big NO. And the reason...
By Not Standing Up For Justice S Muralidhar, Supreme Court Collegium Fails Yet Another Independent Judge
In the last week of February 2020, when parts of North Eastern regions of Delhi were gripped with communal riots, several injured victims were trapped in a relatively small hospital in Mustafabad. They needed emergency critical care and had to be immediately taken to a bigger hospital with facilities. However, due to the raging riots, ambulances were not in a position to reach there....
Multistate Cooperative Societies Amendment Bill 2022 – A Bird’s Eye View
“Founded on the principles of private initiate, entrepreneurship and self-employment underpinned by the values of democracy, equality and solidarity the co-operative movement can help pave the way to a more just and inclusive economic order.” Kofi Annan With the formation of the Union Ministry of Cooperation in July 2021 a separate administrative, legal...
AI, Actors, And Intellectual Property: Hollywood’s Struggle For Balance
The Writers Guild of America (WGA) and the Screen Actors Guild–American Federation of Television and Radio Artists (SAG-AFTRA) have gone on a strike. The WGA began on 02 May, 2023 followed by the SAG-AFTRA on 13 July, 2023. It is claimed that there shall be no writing, filming, casting or promotion of movies or television shows till their demands are met. Collectively, this...
Dawn Of Mediation – A Relief For Justice?
The wait seems to be finally over! The entire mediation fraternity, like anxious fathers waiting outside the labour room, were waiting for the birth of Mediation Act. This seems to be the only discussion or question that was being asked by judges, mediators, arbitrators and lawyers in all the recent conferences and seminars on ADR – “When will the Mediation Act come?” But even now...
MahaRERA:De-Registration Of Real Estate Projects
The Real Estate (Regulation and Development) Act, 2016 (for short, “RERA”) which came into force on 1st May, 2017 has been enacted in the larger public interest for the purpose of settlement of disputes and smooth redressal of grievances between the home buyers and the builders/developers accompanied with increasing transparency in the real estate sector. Under section 34 of the...