Articles
A Brief Parody
A recent amicus brief (which is a legal brief filed by an organization or individual not party to the case but provides additional or relevant information with a view to assist the Court) in the Supreme Court of the United States (SCOTUS) is making the rounds because of its hilarious but impactful writing. However, before indulging in the contents of the brief, we must know what gave...
Chief Justice DY Chandrachud: Landmark Judgements, Constitutionalism, and Penchant for Reform
Justice D.Y. Chandrachud on Wednesday took on the mantle as the topmost judge of the country. All eyes remain focused on the Supreme Court as the true-blue liberal and progressive Judge started his two-year-long tenure as the Chief Justice of India this week. We take a look back at some of his most important judgements, both arising out of the High Courts where he served as a Judge for about...
Definition Of Dispute Under Section 8 IBC: Whether The Plausible Contention Test Is Sufficient?
Under the incumbent Insolvency and Bankruptcy regime of India, it is prerequisite to send a demand notice to the Corporate Debtor before initiation of Corporate Insolvency Resolution Process. The very intent of this section is to terminate potential CIRP proceeding at its inception where the same is not called for. One such method to quash a potential CIRP at the inception is raising...
Rights Of Homebuyers Under The Insolvency And Bankruptcy Code
Home Buyers Are Financial Creditors: Homebuyers are financial creditors under the Insolvency and Bankruptcy Code, 2016 ('IBC'). IBC defines two categories of creditors: financial creditors and operational creditors (section 5 (8) and 5 (20), IBC) Originally, homebuyers were not treated as financial creditors. Their status as operational creditors was also doubted. Homebuyers'...
Short Tenure With Impactful Reforms : CJI UU Lalit Leaves A Positive Legacy
When Justice Uday Umesh Lalit assumed office as the 49th Chief Justice of India on August 27, many would have thought that his would be a sedate term. After all, how much can happen in a brief term of 74 days? But proving all such speculations wrong, CJI Lalit's term was marked with momentous and unexpected events which unfolded at a quick pace. For example, did anyone in their...
Challenges Of Traditional Knowledge Products In GI Registration
Ultimately linked to information, traditional knowledge is the know-how, techniques, and practices that are created, maintained, and transferred from generation to generation inside a community; they frequently emerge as an integral part of its cultural and spiritual identity. The indigenous knowledge also includes the components of several traditional technologies used for sustenance,...
Making UPI Viable For Both The Public And The Facilitators
Unified Payments System['UPI'] was launched by the National Payments Corporation of India ['NPCI'] with the aim of integrating the payment mechanisms of India. Since, its launch in 2016, digital transactions using UPI has increased significantly. As per RBI's annual reports, for the year of 2015, total digital payments for retail transactions amounted to Rs. 1.54 lakh crores. However,...
Governor's Gaffes
Certain recent statements of the Governor of Kerala have been startling. They smack of monarchial tendencies and are totally alien to our constitutional scheme. He has spoken of the withdrawal of his pleasure with regard to Cabinet Ministers. That gives the impression of all this being personal to him. The true position is wholly otherwise. The Constitution has adopted a form...
Every Cheque Ever Issued In India Is A 'Security' Cheque | Column
"A cheque issued as security pursuant to a financial transaction cannot be considered as a worthless piece of paper under every circumstance."Just because a cheque is issued as a security does not mean that it will not attract the offence as defined under Section 138 of the Negotiable Instruments Act, 1881 ('NI Act'). This position of law as enunciated by the Apex Court in Sripati Singh v....
Falling Groundwater Table and Rising Pollution; The Twisted Tale of The Punjab Preservation of Subsoil Water Act, 2009
During the Green Revolution, Punjab and Haryana switched from their conventional crops (maize, pearl millet, pulses, and oilseeds) to the wheat-paddy cropping cycle, which took place in the late 1970s and early 1980s. The country's food security was ensured by the shift in planting patterns, therefore neither the Center nor the two states expressed any worry about the sustainability of...
The Paranoid Panopticon: Draft Indian Telecommunication Bill
The Department of Telecommunication on 21st September released the Draft Indian Telecommunication Bill with the objective of revamping the legal framework governing the telecom sector. While the Draft tries to present a wholly redefined framework, yet it miserably fails to provide a solution to existing problems plaguing the current regulatory framework and consists of provisions which...