Articles
SARFAESI Act, 2002, Insertion Of Section 17 (4A) By Way Of Amendment Act Of 2016 & Its Implication On Rights Of Tenant Under Tenancy Law
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 ( in short“SARFAESI”) was enacted to strengthen the Indian banking system by way of efficient or rapid recovery of non-performing assets of the banks and financial institutions which allows banks and financial institutions to auction properties when borrower fail to repay...
Applicability Of Section 10A, IBC To Part Default During Suspension Period ;An Analysis
On 5 June, 2020, the Government of India introduced Section 10A to the Insolvency and Bankruptcy Code, 2016 by the way of an ordinance which barred filing of any application for initiation of CIRP for default occuring during a certain period. The rationale behind the insertion of this section was to prevent the interests of corporate debtors who suffered economic crisis due to...
Examining The Power Of The Consumer Commissions To Issue A Commission For Expert Opinion
As per Section 38(9)(e) of the Consumer Protection, 2019, corresponding to Section 13(4)(v) of the erstwhile Act of 1986, a District Commission has the same power vested in a Civil Court, under the Civil Procedure Code, 1908, for issuance of a Commission. This provision specifically deals with the power to issue a commission for examination of any witness or any document. The Act however,...
K G Kannabiran: The Practitioner of Insurgent Constitutionalism | Book Review Of 'The Speaking Constitution'
The character of the Indian state and politics has transformed drastically over the last few years. Mob lynchings, hate speech against minorities, criminalisation of dissent, weaponisation of extant laws against critics, and evisceration of civil liberties, among others, have largely come to constitute the everydayness of India. This transformation, notes Madhav Khosla and Milan Vaishnav in...
Future Of Property Mortgages On Forest Land
In the event that a bank or financial institution grants a loan to an individual or entity, it is essential that the institution takes appropriate measures to ensure that its "security interest" is protected. In addition to evaluating the creditworthiness of the borrower, securing the "security interest" is the most significant factor to consider when evaluating a loan application....
When Neutrality Masks Inequality
Reflection on the current discourse surrounding feminist interpretations attached with the Indian constitution proffers an inkling of cherry-picking aspects on which feminist analysis can even be placed on, constitutional concepts like fundamental rights are often viewed from the feminist lens, which lends an important but often redundant insight into the mechanisms of these fundamental rights...
Relevancy Of Assessment Year For Taxing Foreign Assets And Income Under The Black Money Act - A Legal Conundrum
While presenting the Union Budget in 2015, the then Finance Minister announced, that in order to evade taxes in India some people had stashed away their money outside India (which is commonly referred to as Black Money) and in order to curb this malaise a new legislation will be introduced to tackle the undisclosed assets and income of Indian citizens located outside India. To achieve...
Shattering The Glass Ceiling: A Tribute To Ruth Bader Ginsburg
“I ask no favour for my sex. All I ask of ourbrethren is that they take their feet off our necks.”Amit A. Pai[1] & Pankhuri Bhardwaj[2]The iconic and inspirational life and journey of Justice Ruth Bader Ginsburg has been well documented in several articles and books. The second woman to be elevated to the Supreme Court of the United States, she was a champion for the cause of...
Israel’s Judicial Reform Bill: A Threat To Judicial Independence & Democracy?
On February 20, 2023, two bills that aim to "overhaul Israel's judiciary" were approved by a vote of 63 to 47 in the 120-member Parliament of Israel, just barely after midnight. In the middle of continuous demonstrations in which tens of thousands of Israelis assembled on the streets and blocked highways heading towards the capital city of Jerusalem, the far-right government...
Environment Protection And Liability: The Offence Concerning Legalized Nuisance And Injustice
Needless to say, environmental law is a sort of a separate entity from the discipline of environmental justice. Environmental justice in itself an absolute meaningful directive to attend to the equitable development of humans as capital and as workforce irrespective of any kind of discrimination. Environmental Justice is defined as equitable exposure to environmental good and...