Ambit of Insolvency and Bankruptcy Code, 2016: Insolvency & Government Companies

By Abhishek Wadhawan Understanding the Debate The Insolvency & Bankruptcy Code, 2016 is an economic legislation enacted with the aim of helping distressed companies by balancing the interests of all stakeholders. But not all corporate debtors, private and government, can be treated as the same due to difference in objectives, mission, profits etc. The issue [...]

15 Selfies a Day Keeps the Police Away: Legality of Steps to Combat COVID-19 in Karnataka

By Aditya Krishna Introduction The fight against COVID-19 in India has been severely stifled by individuals violating the quarantine and lockdown enforced. There have been many cases of people either absconding from quarantine centers (which have been criticized for being unhygienic and mismanaged) or disregarding their home quarantine.[1] In the wake of the ongoing global [...]

Compulsory Licensing: A Promising method to combat Coronavirus

By Ananya Singh The patent regime in India ensures protection for certain inventions and as an implicit rule, also grants certain exclusive rights and privileges to the patentee with respect to his invention. This protection vests monopoly rights in the creator to use, manufacture, and sell his invention. The same provisions extend to pharmaceutical products [...]

Decoding Time Bound Arbitration in India: A Closer Look At Section 29A

By Ayush Mehta and Samkit Jain Section 29A of the Arbitration and Conciliation Act, 1996 [“the Act”] lays down a time limit under which a tribunal is to render its award. In this article, the authors aim to discuss the problems which were present in the 2015 amendment and how effectively the 2019 amendment rectifies [...]

Rights Issue: A Tool for Circumvention of SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011

By S Sivakumar Introduction The article presents an analysis of how promoters of listed entities use ‘Rights Issue’ to circumvent the regulatory mechanisms under the SEBI (Substantial Acquisition of Shares and Takeovers) Regulation, 2011(herein after referred to as the SAST Regulations).[1] Rights Issue increases the shareholding of the promoters without attracting the mandatory open offer [...]

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 [...]

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 [...]

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 [...]

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 [...]

Predicaments of Interpreting a Manifestly Vague 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, [...]