Articles
Payment Of EPF Dues Under The IBC – Supreme Court Paves Way For Full Realization
In Ghanshyam Mishra and Sons Pvt. Ltd. v. Edelweiss Asset Reconstruction Company Ltd. , the Supreme Court had clarified that any claim not approved under the resolution plan by the Adjudicating Authority shall stand extinguished. The Apex Court had upheld the Insolvency and Bankruptcy Code (Amendment) Act, 2019 wherein the governmental authorities had been classified within the...
Care, Rights of Abortion Survivors
The Indian Judiciary in accord to ascertain women’s rights or equality rights strives to locate the possibilityof abortion even after the gestation limit of 24 weeks under section 3(2)(b) of the Medical Termination of Pregnancy (Amendment) Act, 2021. What if the child so aborted is born alive? The enigma is to balance — the rights of women i.e., “pro-choice” and rights...
Discretionary Power of Arrest Under Section 41A Of The CrPC
Section 41-A CrPC was aimed to avoid unnecessary arrest or its threat looming large on the accused which required to be vitalised. Section 41-A as inserted by Section 6 of the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), However after the enactment of the said amendment, various representations were received by the Union Government, Thus, some specific amendments...
Can NCLT Conduct A Full-Fledged Trial?
Tribunals have always had an urban legend surrounding them that their proceedings are only summary in nature and they can render only prima-facie findings and are devoid of jurisdiction while adjudicating a matter revolving disputed facts. The perception concerning National Company Law Tribunal (“NCLT”) finds no exception to this. To uncover the same, this article attempts to...
The Designer Baby Quandary- An Insight Into Gene Editing And Its Legality
Gene editing or genome editing, a type of genetic engineering is a method of altering an organism’s DNA. it may involve adding, removing or altering the genetic material in the genome. A prominent one among the various developed approaches is the CRISPR-Cas9 (Clustered regularly interspaced short palindromic repeats) approach. The prominence of this approach emerges from its...
Surveys, Searches And Seizures: Some Constitutional Dimensions
Traditionally, under the law and the Constitution, the process of search and seizure by authorities was legal only when backed by a warrant showing probable cause. This principle is the bedrock of individual liberty and privacy against the tyrannical state in the common law world. In the words of Lord Camden in 1763 in Huckle v. Money, “To enter a man's house by virtue of a...
Election Commission & Dissent Within Political Parties, Time To Consider Reform Of Anti-Defection Laws
The Election Commission decided to reserve the “Bow & Arrow” symbol to the Maharashtra Chief Minister, Eknath Shinde’s faction of the Shiv Sena while the Supreme Court deferred the reference to a seven-judge bench of the question ‘whether the Speaker can adjudicate disqualification petitions under the Tenth Schedule - if the motion for her removal from the office is pending before...
Whether Cooperative Societies Come Under The Purview Of Sec. 2(H) Of RTI Act, 2005?
It has long been a matter of debate whether a cooperative society would be subject to the requirements to provide information under the RTI Act and fall under the definition of "public authority" as per Section 2(h) of the said Act. Before delving into the nuances of the subject, lets understand what a cooperative society is. “A co-operative association is a union of...
“Can Slogans/Tag Lines Be Copyrighted In India Or Abroad?”
Many brands, during business, compose and develop phrases or catchy combination of words with a view to create a lasting impression in the minds of the consumers, to augment popularity of their goods and/or services. These phrases essentially constitute of a slogan or tagline associated with the said product or service and are used for the purposes of advertising or expanding...
Antrix-Devas Dispute: Will The Anti-Arbitration Injunction Order Turn The Chain Of Events In Favour Of India In The New BIT Arbitration
Recently, the Indian government achieved a major victory in its third treaty arbitration dispute with Devas Multimedia, as the Supreme Court of Mauritius barred Devas from proceeding with its latest arbitration proceedings against India. Judge Prameeta Goordyal-Chittoo issued the interim order on 12th January 2022, prohibiting the three Mauritius-based Devas investors from...
Trade Union Recognition Under The Industrial Relations Code,2020, Needs Introspection
According to the International Labour Organization , collective bargaining can be defined as “the key means through which employers and their organizations and trade unions can establish fair wages and working conditions.” Though the Indian Constitution doesn’t explicitly provide for a fundamental right of collective bargaining, the Supreme Court held in All India Bank Employees...
Protection Of Minority Shareholders And Related Party Transactions
The Company is an artificial entity incorporated under the Companies Act, 2013[1] (hereinafter, ‘Company Act’), and conducts its affairs through its board of directors who owe a duty to take care towards all the stakeholders of the company and to conduct the affairs of the company in a neutral and unbiased manner. Shareholders of a Company can be in broad terms divided into...