Articles
A Critical Analysis On The Draft Lakshadweep Development Authority Regulation 2021
The draft Lakshadweep Development Authority Regulation 2021 (hereinafter referred to as the Regulation) is a proposed regulation to provide for the development of towns in Lakshadweep. It is to be enacted by exercising powers conferred by Article 240 of the Constitution, under which the President has the power to make regulations for the peace, progress, and good government of the...
An Analysis Of The Supreme Court Verdict On Insolvency And Bankruptcy Of Personal Guarantors Of A Corporate Debtor
The Ministry of Corporate Affairs, in the bask of implementing the Insolvency and Bankruptcy Laws in India notified and brought into force the provisions of insolvency of personal guarantors of the corporate debtor[1]vide notification dated 15th November, 2019[2] ("Notification"). After publication of the Notification, many promoters and directors who were also the personal guarantors...
Immunity Of State Officials From Foreign Criminal Jurisdiction
"Immunity of State Officials from Foreign Criminal Jurisdiction" protects state officials who commit a forbidden act in another state. This immunity ensures that they are not prosecuted in a foreign Court of Law. This concept can be defined in two ways: First, the immunity of officials in the court of the state in which crime was committed and the second, the immunity of officials...
The Constitutional Importance Of Election Of The Lok Sabaha Deputy Speaker (Part-I)
"…although the speaker is elected originally to Parliament as party politician, on being chosen Speaker he drops all party connections and activities. He relinquishes for life all offices in his party; he does not attend any meetings…or conferences."-Griffith and Ryle, Parliament (1989), pp. 145-146The aforementioned phrase is equally applicable to the office of the...
The Doctrine Of 'Manifest Arbitrariness' Applies To Invalidate Tax Statutes
On 6th April last month, a three−Judge Bench of the Supreme Court, presided over by R.F. Nariman, J., rendered its decision in DCIT v. M/s. Pepsi Foods Ltd. The issue before the Supreme Court was with respect to the constitutional validity of the third proviso to Section 254 (2A) of the Income Tax Act, 1961. The third proviso to Section 254 (2A) of the Income Tax Act was inserted by...
Inter-State Restrictions On COVID Patients' Access To Medical Care : Breach Of Constitutional Mandate
To curb the spreading of COVID disease from other States in this second wave of ravaging COVID-19 pandemic, the Government of Telangana had issued Guidelines on 11th May 2021, wherein, the COVID patients from other States, who want to get hospitalized and take treatment in hospitals in Telangana, were allowed to cross the State's border only if they were authorised by the...
Nirav Modi's Extradition: India's Chequered Endeavour
India's record of prosecuting fugitive offenders who have taken asylum in UK is a matter of concern. The consistent failure of India in extraditing offenders begets serious questions on the diplomatic ties and legal framework. The case of Nirav Deepak Modi, a diamond merchant, accused of defrauding Punjab National Bank (hereinafter PNB) gained spotlight for it was the biggest bank fraud...
Pending Exams At Delhi University's Faculty Of Law
The COVID-19 pandemic has dramatically altered the conventional pre-pandemic higher education system. While some universities have taken recourse to alternative modes of evaluation, the Faculty of Law, University of Delhi has not been as active. Law schools, including NLUs, are conducting the evaluation of the final year students via various alternative schemes. But some 2000 law...
Section 97 CrPC: An Alternative Remedy Prior To Habeas Corpus
The Writ of Habeas Corpus ensuring liberty of a citizens not just valid in a courtroom. It must be upheld outside as well. This discussion came to light in the Supreme Court on 20.05.2021 before the bench of Justices Maheshwari and Aniruddha Bose, when the Court directed a husband to approach the authorities under Section 97 of the Code of Criminal Procedure 1973 (CrPC) and withdraw...
National Policy For Rare Diseases : Implications & Shortfalls
The concept of 'rare disease' can be termed as a phenomenon to which medical professionals are well acquainted with, but not the remaining majority of populace. Except for those who are visited with this catastrophe and the people who are working towards this cause, by and large it is still an unknown concept. As a matter of fact, there is no universally recognized or...
Amalgamation Will Not Necessarily Result In Vesting Of Licenses And Rights With The Transferee Company
By the process of amalgamation multiple business entities combine and consolidate into one entity. A Transferor Company is the company which is amalgamated into another company and a Transferee Company on the other hand is the company into which the Transferor Company is amalgamated. There are various rationales that Companies have for amalgamating with each other viz. for...
Important Supreme Court Judgments On Arbitration Passed Recently
The Supreme Court of India has pronounced numerous judgments in the matters related to the Arbitration and Conciliation Act, 1996, from January, 2021 to May, 2021. In this write-up, the important pronouncements are briefly discussed. CHINTELS INDIA LTD. V. BHAYANA BUILDERS PVT. LTD., CIVIL APPEAL NO. 4028 OF 2020. AN APPEAL UNDER SECTION 37(1) (C) OF THE ARBITRATION ACT, 1996...