The Maintenance And Welfare Of Parents And Senior Citizens Act, 2007: A Sword That Needs Sharpening?

A land which is full of stories with ideal child like shrawan and Lord Rama who went beyond all the extent to fulfill their parents'wishes and the culture which teaches “Matru Devo Bhav” and “Pitru Devo Bhav” was pained by the existing scenario regarding the senior citizens in the Country. Therefore, to protect the rights and well beings of senior citizens a particular statue was enacted “The Maintenance and Welfare of Parents and Senior Citizens Act”, it consists of 7 chapters and 32 ...

Spotlight On Implementation And Enforcement Of POSH Law

In its recent judgment in Aureliano Fernandes vs. State of Goa and Others, the Supreme Court of India, observed that even after a decade of the prevention of sexual harassment law being formulated – the implementation and enforcement is still inadequate. Lack of procedural awareness; lack of confidence in the process and outcome; lack of strict adherence to the enforcement regime and other practical challenges are the main reasons. 'However salutary this enactment may be, it will never succeed...

Luthra And Luthra Law Offices India Pays Tribute To The Late Founder Mr. Rajiv. K. Luthra With An Indian Classical Dance Musical Theatrical – '18 Days - Dusk Of An Era'

In a tribute to their late Founder & Managing Partner, Mr. Rajiv. K. Luthra, Luthra and Luthra Law Offices India presented a special Indian Classical Dance Musical titled "18 Days-Dusk of an Era" – a grand theatrical production on the 'War of Kurukshethra'The event, held on Wednesday, March 6, 2024, at the Kamani Auditorium in New Delhi, witnessed a remarkable gathering of esteemed guests, members of the legal fraternity, dignitaries, and government officials. The live cultural performance,...

An Analysis Of Judicial Conundrum On Writ Jurisdiction Of High Courts Against The Judgements Passed By The NCDRC In Appellate Jurisdiction

The Consumer Protection Act, 2019 (hereinafter referred to as the “Act”) which has replaced the erstwhile Consumer Protection Act, 1986, ensures a summary and speedy disposal of all consumer disputes. Under the Act, a Consumer can file a complaint depending upon the value of goods and services before the Commissions established under the Act as hereunder:before the District Consumer Disputes Redressal Commission (hereinafter referred to as the “District Commission”), where the value of goods or...

Reversal Of Input Tax Credit In Schedule-I Transactions (Without Consideration): Interplay Between Section 16(2) And Rule 37

Often transactions such as stock transfers, supply of corporate guarantee services, supply of technical and administrative services etc., between related parties (under GST) are carried out without any consideration. Since such supplies fall under the purview of Schedule-I of the CGST Act, the supplier is responsible to pay the applicable taxes to the Government. On the recipients' end, in terms of Section 16 of the CGST Act, the eligibility to avail the Input Tax Credit (“ITC”) would be subject...

Artificial Intelligence And The Law: Navigating The Legal Landscape In The Age Of Artificial Intelligence

Artificial Intelligence, commonly referred to as AI, refers to a technology engineered to carry out tasks that usually require human intelligence. It revolves around creating intelligent applications capable of simulating human-like cognitive functions, including problem-solving, reasoning, learning, and perception. AI systems make use of algorithms and data to process information and make informed decisions.AI can be broadly categorized into two main types:1. Narrow or Weak AI - These AI...

GIFT City IFSC Platform For Fintech Startups & Sandbox Initiatives & Relaxation Under Companies Act

The Government of India, with a view to establish a globally competitive financial platform offering a full range of international financial services at the regional and global level, has approved the setting up of International Financial Services Centre (IFSC) in Special Economic Zones across the country and the very first IFSC of India has been established in the Gujrat International Finance Tec-City (GIFT City) at Gandhinagar in the state of Gujarat. It is envisioned that the IFSC at Gift...

Supreme Court Revives Hope For Homebuyers In Subvention Matter

In the dynamic landscape of real estate transactions, subvention cases have gained prominence due to their complex nature and far-reaching implications. However, the arrangement was that the homebuyers had to pay EMIs once possession is given and till that time the builder shall pay the EMIs to the banks or NBFCs. These cases often involve builders defaulting on Pre-Equated Monthly Income (EMI) payments, leaving homebuyers in a precarious position. One such controversy unfolded, leading to a...

Supreme Court's Verdict On The Constitutionality Of The Provisions Of Personal Guarantors Under The IBC

The constitutional validity of the provisions pertaining to personal guarantors in Part III of the Insolvency and Bankruptcy Code, 2016 (“Code”) were recently challenged in a series of 384 writ petitions filed under Article 32 of the Constitution of India (“the Constitution”). The vires of Sections 95 to 100 of the Code (“impugned provisions”) was challenged, inter alia, on the ground that they are violative of the principles of natural justice on the ground that a personal guarantor was...

Late Claims In Liquidation: Analysing The Judicial Divergence

Among myriad litigations faced by a liquidator during the liquidation process of a corporate debtor, under the Insolvency and Bankruptcy Code, 2016 (Code), is a genre of challenges against the rejection of claims of creditors by the liquidator. Majority of these complain of rejection of claim on account of delay in their submission with the liquidator, without verification on merits. Since, a liquidator is not empowered to verify a claim submitted beyond thirty (30) days from the liquidation...

Deadline: A Crucial Lesson To Reducing Pending Case Load

Last year a report revealed NCLT courts' time to resolution at 643 days (nearly 21 months) as opposed to the 270-day deadline (9 months). By definition, Insolvency and Bankruptcy Courts are expected to fast-track a resolution process therefore providing a speedier remedy to an insolvency process. Unfortunately, the trend in the NCLT is not very different than India's traditional courtrooms where pending case-loads has invited sharp criticism.According to India's national judicial data grid, 4.46...

Navigating Compliances On Significant Beneficial Ownership By Limited Liability Partnerships

Ministry of Corporate Affairs ('MCA') vide notification dated October 27, 2023 introduced the Limited Liability Amended Partnership (Third Amendment) Rules, 2023 (“LLP Amendment Rules, 2023”) modifying the existing Limited Liability Partnership Rules, 2009 to strengthen the mechanism for identifying individuals having beneficial interest in LLPs. Under the LLP Amendment Rules, 2023 every LLP is responsible to maintain the register of partners in Form 4A, with particulars such as the personal...