Categories
Insolvency

Light at the end of the tunnel: How Jet Airways can avoid liquidation

By Rohin Goyal On 20th June 2019, one of India’s pioneer airlines which used to be “THE” airline in India, officially began the Corporate Insolvency Resolution Process [“CIRP”] by order of the National Company Law Tribunal [“NCLT”], Mumbai [1]. Soon after, similar proceedings were initiated in Amsterdam as well [2]. Jet Airways has been plagued […]

Categories
Constitutional Law

Anti-Begging Laws: An Attack on Freedom of Speech?

By Akshat Bhushan Introduction In India, there are twenty states and two union territories that have enacted anti-beggary laws, criminalising the act of begging.[1] A 2018 Delhi High Court order struck down certain provisions of the Bombay Prevention of Begging Act, 1959 (that was extended to the union territory of Delhi) which criminalised involuntary begging […]

The Denial of LGBT Rights and Civil Liberties in India: A Comprehensive Critique

By Vikram Chandrasekhar Introduction India, as an apt example, has been a country which since the dawn of the Vedic liturgical tradition has accepted and harmonized with the notions of gender fluidity and queerness centuries before the Western world had even attempted to reconcile with these terms.[1] The crux of the gender inequality crisis, denial […]

Categories
International Law Rights Adjudication

Critically Assessing the Notion of Human Rights as ‘Universal’

By Anmol Ratan John F. Kennedy in his 1961 inaugural speech said, “the rights of man come not from the generosity of the state but from the hands of God”[1]. It is this presumption about the metaphysical origin of human rights that makes it problematic for this internationally recognised regime of law to claim absolute […]

Categories
Insolvency

Separate Legal Entity Principle: Friction Between Company And Insolvency Laws

By Shivangi Pandia and Prateek Charan Background The word company has no technical meaning attached to it. It simply means a group of individuals who have come together for a common goal. The individuals may associate themselves either for an economic or for a non-economic cause. Chief Justice Marshall defines company to mean that a […]

Categories
Constitutional Law

UAPA: The Predicaments of Interpreting a Manifestly Vaguely Worded Law

By Simran Kaur India’s constitutional mandate on its cherished promise of free speech has withstood several upheavals of time. The jurisprudence spanned over seven decades has been interpreted in the light of the principles of a democratic political society. The underlying basis of this entails exercising the fundamental right to free speech as a citizen, […]

Categories
Technology

You Facilitate We Penalize: How Intermediary Liability Works

By Prakhar Raghuvanshi The Internet is a unique medium of expression and deserves a different standard of protection than other media. Any organization which facilitates transactions between third party over the internet is an internet intermediary.1 It primarily gives access to the host and transmits the content originated from third parties. It does not create […]

Categories
Insolvency

Placing Homebuyers Under the Category of Secured Financial Creditors Under The IBC, 2016

By Ranu Tiwari The Background The Insolvency and Bankruptcy Code (Amendment) Ordinance 2018 has brought home buyers under the ambit of ‘financial creditors’. The Insolvency Law Committee (March 2018) concluded that the current definition of ‘financial debt’ is sufficient to include the amounts raised from home buyers/allottees under a real estate project, and hence, they […]

Categories
Insolvency

Essar Steel Judgement: As promising as it Seems?

By Tanvi Prabhu and Saumya Agarwal In Committee of Creditors of Essar Steel India Limited v. Satish Kumar Gupta &Ors, the Supreme Court on 15th November, 2019 dismissed the NCLAT order and upheld the approved Resolution Plan of ArcelorMittal in a joint venture with Japan’s Nippon Steel. It includes a payment of Rs. 42,000 cr. […]

Categories
Technology

Legal and Regulatory Clarity for Online Aggregators: A Current Necessity

By Falguni Gupta Introduction The E-commerce sector has become a favorite of both sellers and consumers in a short span of time. Recently, the Department of Industrial Policy and Promotion introduced certain changes in the FDI Policy permitting 100% FDI under the automatic route, making it applicable to the e-commerce entities[1]. An aggregator model of […]