The administration of justice is one of the most essential function of the State for a due safeguard of the rights and lives of its people. The key functionaries in this system are police, prosecution, defense counsels, and courts and corrections. Each of these functionaries has defined powers and functions and is subject to specific […]
The encounter of gangster Vikas Dubey: Society, policy, politics and law Read More »
The Legislature of India enacted the Insolvency and Bankruptcy Code, 2016 (“the Code”) for the speedy revival of companies and consolidation of laws relating to liquidation. The Code provided Financial Creditors and Operation Creditors a right to initiate the Corporate Insolvency Resolution Process (“the CIRP”) against a Corporate Debtor, before the National Company Law Tribunal (“the Tribunal”).
IBC Amendment,2020: Constitutional Vires of the Minimum Threshold on the Allottees Read More »
The pandemic and the hardships attached to it are now the ‘new normal’. And interestingly these hardships are manifold and omnipresent. It has seeped in the life of nearly every person, be he a private individual pulling a rickshaw or be it a highest department of the Government. Barring a few, all face the brunt
Loan Moratorium – Whether calls for a judicial deference or judicial activism? Read More »
I. Introduction i. Affidavit: Meaning and Purpose “An affidavit is sworn, written statement, confirmed by oath or affirmation, voluntarily made by an affiant or deponent, administered or notarized by a person authorized to do so by law”.[1] The amendment in the year 1999 in the Code of Civil Procedure, 1909 mandated filing of a
Apostille Affidavit: Whether a pre-requisite in a court of law? Read More »
Introduction The Insolvency and Bankruptcy Code, 2016 (“the Code”) was enacted to amend and consolidate the laws relating to reorganization and insolvency of the corporate persons and to ensure a speedy revival of the corporate person(s). For this purpose, the Code has provided the remedy of applying to initiate the Corporate Insolvency Resolution Proceedings (“CIRP”)
The horizon of due “delivery” of Demand Notice under section 8 of the IBC Read More »
By: Mr. Abhishek Grover & Mr. Pareekshit Bishnoi The lockdown restrictions have been eased, albeit in a staggered manner, allowing individuals to get back to work. However, few of the industries, sectors, and individuals will see a prolonged impact due to temporary change in customer behaviour and consumption patterns. Travel and hospitality being the worst
COVID-19 IMPACT: TURBULENCE AHEAD FOR THE AIRLINES Read More »
I. Introduction The Arbitration and Conciliation (Amendment) Act, 2015 (“Amendment Act, 2015”) introduced several amendments to fill critical gaps in the Arbitration and Conciliation Act, 1996 (“the Act”) vis-à-vis international practices. Among several welcomed amendments, the Legislature also amended section 9 of the Act. Before the amendment in the year 2015, section 9(1) of the Act empowered
Legislative lacunas left in Section 9 of the Indian Arbitration Act Read More »
“The importance of the judiciary in political construction is rather profound than prominent“. Today, two Acts – the Essential Commodities Act, 1955 (“ECA”) and the Essential Services Maintenance Act, 1980 (“ESMA”) read with Order by Ministry of Home Affairs dated, 24.03.2020 (“the Order”) – are guiding us to understand, what are the ‘essential goods‘ and ‘essential services‘
Judicial service is an “essential service” amid COVID-19 lockdown Read More »
Homebuyers were included as financial creditors under section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) vide an amendment in the code in 2018. Pursuant to their inclusion, homebuyers could either individually or jointly file to initiate corporate insolvency resolution proceedings (CIRP) before the National Company Law Tribunalagainst the defaulting corporate debtor. The primary
COVID-19: Relief for forgotten homebuyers Read More »
A person’s credit score and credit information report are a measure of his creditworthiness. A credit report is a detailed breakdown of an individual’s history prepared by the credit bureau. The credit reports are used by the lenders to determine the creditworthiness of the loan applicant. The shared credit information is intended to put an end
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