Ministry of Corporate Affairs has issued three notifications dated 01 June 2016 (attached) for setting up of National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) as well as notifying various sections of the Companies Act 2013 (which were not operational due to non...
Blogs
Previously on this blog, we have extensively discussed sex equality under Articles 14 and 15 of the Constitution. Today, while reading Flavia Agnes’ book, Law and Gender Inequality, my curiosity was piqued by reference to the case of Ambika Prasad Mishra vs State of UP . This is a 1980 judgment of a...
In a welcome move, as per Notification No.FEMA.368/2016-RB dated 20-May-2016 the Reserve Bank of India has now allowed payment of consideration in of share transfer/purchase transaction between resident buyer and a non-resident seller or vice-versa on deferred basis. Deferred consideration shall not...
Section 63 of the Maharashtra Tenancy and Agricultural Lands Act (for short “MTAL” or “the Act”) barred transfer of Agricultural lands to Non-Agriculturist without the permission of the Collector or Officer authorized by the State Government. By Maharashtra Act No.1 of 2016 w.e.f. 01/01/2016 Section...
The Insolvency And Bankruptcy Code, 2016 has received the assent of the President on 28 th May, 2016 and is published in the Official Gazette on 28 th May 2016. Readers can read and download a copy of the Insolvency And Bankruptcy Code, 2016 here . By Dhanesh RALE, Partner, Abhay Nevagi & Assoc...
To provide speedy disposal of offences punishable under the Companies Act, 2013, which are punishable with imprisonment of 2 years or more, the Ministry of Corporate Affairs has notified the provisions dealing with ‘Special Courts’ with effect from 18 May 2016. The intention behind setting up these ...
In a recent judgment dealing with the Domestic Violence Act, the Supreme Court, while dealing with the concept of stridhan, observed: “The next issue that arises for consideration is the issue of limitation. In the application preferred by the wife, she was claiming to get back her stridhan. Stridha...
By Anna Liz Thomas A lot has been made of the Supreme Court’s ruling in Subramanian Swamy v. Union of India, finding criminal defamation laws in India, encapsulated in sections 499 and 500 of the IPC and section 199 of the CrPC, constitutional. Most public commentary has been critical of the reasons...
Much has been written over the past few years about the “Mauritius route” and the “Singapore route”, and how these offshore island jurisdictions are in use for avoiding tax by foreign investors as well as misuse by Indian residents who route money back into India through “round-tripping”, thus curta...
It’s that time of the year again. The time when a flood of relatives leave you with a landslide of advice and all around you your parents, friends and even the media sets off a tornado of expert opinion leaving you totally at sea. Yes, I see the irony in what I’m doing now but I’ll risk it to add my...
Since the Supreme Court’s May 13th ruling on the constitutionality of criminal defamation laws in India, CCG has come out with two op-eds on the shortcomings of the judgment. In today’s Indian Express, Chinmayi Arun (Executive Director of CCG) raises important questions surrounding the implications ...
by sflc_admin | May 25, 2016 During the period from 2016 – 2025, the “other half” of the human race will be connected to the Net. Providing connection to the world’s poor is the greatest act of social justice, educational opportunity and economic equalization within our power. Eben Moglen keynote la...
President of India has issued ordinances partly nullifying the orders of the Supreme Court of India regarding NEET exam for entrance to medical and dental colleges. The ordinances amend the Indian Medical Council Act, 1956 and the Dentists Act, 1948. These ordinances provide for a uniform entrance e...
Let me make a few things clear at the very beginning itself. If you have not cracked the CLAT-2016 and you are reading this note looking forward to get any sort of sympathy or condolence– read no further. If you believe life is unfair and unworthy people got lucky and cracked the exam, read no furth...
by sflc_admin | May 21, 2016 2006: March 3 rd : Department of Information Technology, Ministry of Communications and Information Technology gave an administrative approval for a scheme to issue unique ID for Below Poverty Line (BPL) families. 2006 : December 4 th : Constitution of an Empowered Group...
We all know that on various occasions The Times Group have given unconditional apologies for their obnoxious reporting. Some politicians, actresses, and in fact, to some extent, civilians were forcibly thrown into the abysmal of negative publicity because of the sexist, prejudiced, biased and fabric...
At the heart of the Supreme Court’s upholding of criminal defamation is the argument that the right to freedom of speech under Article 19(1)(a) must be “balanced” against the right to “reputation” under Article 21 (as I pointed out in my post about the judgment, the Court’s examination of the reason...
Hello guys! We’re the Moot Court Society of NLSIU Bangalore, and we’re hosting the 9th edition of the National Law School Trilegal International Arbitration Moot from the 20th to the 22nd. Preliminary rounds commence on the evening of the 20th, and continue till the evening of the 21st. Quarter-fina...
I am an Advocate, not an Academician. The practical impact of a judgment interests me. Subramanian Swamy v. Union of India , [Writ Petition (Criminal) No. 184 of 2014] (“ Swamy ”), pronounced recently, is a significant weapon in my hand. Explanation 1 to Section 499 of the IPC reads as, “ It may amo...
Section 138 of the Negotiable Instruments Act, 1881(for short “NI Act” or “the said Act”) makes dishonor of cheques for insufficiency of funds in the account a criminal offence. Section 141 of the said Act, in case of offence by Company, provides for vicarious liability on every person who, at the t...
The Bar Council of India (“ BCI ”), in a press release on Saturday, has said that it will file an application in the Supreme Court seeking modification of the order which allowed fresh law graduates to become judicial officers. It said that the BCI and the State Bar Councils are “strongly in favour”...
Thirty years ago, nobody could have accurately predicted the job market of today. The intervening technological progress must be blamed or credited for it. However, we seem to be able today to satisfactorily predict the job market we will have thirty years hence – plenty of machines and Artificial I...
Writing a great legal article is truly amazing. Not only it will be published in a good, well-known website or blog, thereby increasing your brand value and visibility, but also be read by many people who are in need of that information. It may help litigants, researchers, other lawyers or a reporte...
The distinguished Prof. Shamnad Basheer recently launched an online petition in the form of a poem to make a fervent appeal to the invisible CLAT powers to make the critical shift to a permanent, centralized CLAT body that will conduct the CLAT examination every year. However, every effort till now ...
CLAT 2015 will go down in the history of national competitive exams in India as the most ludicrous and incompetent examination that openly insulted the intelligence of thousands of candidates and played with their careers with an unbelievably sick mentality. The entire CLAT 2015 affair reflected an ...
Law and journalism are two fields which demand up-to-date knowledge in this proliferating world. Neither of them is stagnant and obsolete. As a first year law student,I used to think that legal profession only meant to argue in courts. It was later that it dawned upon me that legal field has no peri...
Why This Ko-Law-Very ?? The moment you enter an elite Law school campus,you will be tired of answering this question to everyone, from your Orientation day to Farewell.One simple question -“Why law?” Few oversmart kids would try to impress the first class by saying “Because I couldn’t make it to IIT...
Introduction Law has been the most variegated stream ever since it was incorporated in the human society. When one thinks of a vocation in law the first image that strike its mind is a dexterous person, dressed in black and white, going through some gigantic books, running in and out the court, figh...
Photo by Gulshan Sachdeva, via here.
LIFE IS NOT SO FAIR AND LOVELY At the outskirts of the Metropolitan court, I begin my day with the sight of all street smart lawyers who are out for today’s hunt. The hunters instinct is still seen in them when their roving eyes are targeting their next catch cum client. Sipping the cutting chai and...
What happens when you spend 5 years of your law school having the time of your life. Like literally, time-of-your-life!!! [Time of your life- excludes any such activity that requires paying attention in classes, taking internships seriously, taking moots seriously and/or taking anyone/anything serio...
A lady (not a lawyer) Retired Justice Markandey Katju published a blog post today entitled “Lady Lawyers” . In typical Katju blogging fashion (whenever not causing a media storm about judicial corruption), it’s a trip down memory lane starting with his time as a lawyer in 1970 Allahabad. Katju is tr...
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Last year, European Union has ratified the ‘Right to Repair’ regulation. According to these regulations, the manufacturers of the household electronic appliances i.e. lighting, washing machines, dish washers, and refrigerators, will have to make it easier for the consumers to get them repaired. Thou...
by sflc_admin | October 9, 2017 According to the Cyber Laws and E-Security Group under Ministry of Electronics and Information Technology Group (MeitY), as many as 23,030 websites /URLs are currently blocked in India. This information was received as a reply to a Right to Information application fil...
by sflc_admin | October 4, 2017 We live in an era where human activity is producing unprecedented amounts of digital data. The popular saying these days is ‘data is the new oil’. The high value of this data along with the lack of awareness among people about rights has prompted corporations and gove...
by sflc_admin | September 27, 2017 The second Digital Citizen Summit was organised on September 21-22, 2017 by Digital Empowerment Foundation (DEF) and Friedrich Naumann Foundation for Freedom at India Habitat Centre, New Delhi. SFLC.in was an associate partner of the summit. The summit aimed at fin...
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by sflc_admin | September 22, 2017 SFLC.in is organising a workshop on “Secure Communication ” in association with Sukhbir Singh, TOR Developer, on Saturday, September 23, 2017, from 11:00AM-:1:30 PM at the SFLC.in premises at K-9, Second Floor, Birbal Road, Jangpura Extension, New Delhi -110014 nea...
by sflc_admin | September 18, 2017 The ongoing Internet shutdown in Darjeeling, West Bengal completes 3 months today. This day, three months earlier, mobile Internet was shutdown in the city due to the ongoing agitation for a separate Gorkhaland. Two days later, on 20th June, the orders were extende...
Written by the Civil Liberties team at CCG A 9 judge bench of the Supreme Court of India passed a landmark judgment last week, which unanimously recognized the right to privacy as a fundamental right under the Constitution of India. The Court found the right to privacy to be a part of the freedoms g...
Today, the Supreme Court heard the ongoing matter of Sabu Mathew George vs. Union of India . In 2008, a petition was filed to ban advertisements endorsing sex-selective abortions from search engine results. Advertisements endorsing sex selective abortions are illegal under Section 22 of the PNDT Act...
by sflc_admin | September 4, 2017 On Sep 2, 2017, SFLC.in organized a discussion titled “Celebrating the Right To Be Let Alone” to commemorate the recent recognition of right to privacy as a fundamental right, discuss the privacy judgment, its key takeaways, the impact it will have on pending Aadhaa...
The sub-committee of Insolvency Law Committee (ILC) of the Ministry of Corporate Affairs, Government of India (MCA) in its report dated October 31, 2020 has proposed the framework for the pre-pack and prearranged insolvency resolution process which the Government may adopt with / without modificatio...
Analysis of the Condonation of Delay Scheme, 2018 of the Ministry of Corporate Affairs The Scheme is by way of a General Circular No.16/2017 dated 29 December 2017. It is in exercises of powers u/Ss. 403, 459 and 460 of the Companies Act, 2013. Who can avail the scheme? A company registered under th...
Diwali is one of the most anticipated and celebrated festivals in India. It is also a festival of giving gifts, which is often a challenge for compliance professionals who struggle with policies and nuances of law around this time, on giving gifts that might seem like bribes. Under the Prevention of...
The RBI has amended the Master Directions on Financial Services provided by Banks. This is a significant move permitting Banks to invest in Category II Alternative Investment Funds. As of June 30, 2017, Alternative Investment Funds ( AIFs ) had raised the cumulative figure of Rs. 48, 129 crores, aga...
Image credit: Scroll.in, September 26, 2017 Sociologists know that the formation and survival of civilization is conditional upon the universal adherence to a framework of acceptable norms and guidelines of human conduct and interaction. Moses therefore set out as God’s message, the directive to lov...
Financial investors in India are scared of regulatory uncertainties. Not that uncertainties are exclusive to our country but it’s a critical risk factor that is assessed by those making substantial investments. Historically, one of the most important regulatory concerns for such investors is related...
India has long recognised the right of foreign creditors to participate in the winding up of Indian companies. As early as 1961, the Supreme Court of India, in Rajah of Vizianagaram (AIR 1962 SC 500) , clarified that foreign creditors have the same right as Indian creditors in winding up proceedings...
Photo credit: Indian Express, August 23, 2017 Through its historic ruling delivered by a five-judge bench in the case of Shayara Bano and Ors v. Union of India on August 22nd 2017, the Supreme Court of India ( SC ) liberated Muslim women from the perpetual fear of arbitrary and whimsical divorce. Th...
The ability to attract large scale Foreign Direct Investment ( FDI ) into India has been a key driver for policy making by the Government. Prime Minister Modi seems to be going along the right track, with India receiving FDI inflows worth USD 60.1 billion in 2016-17, which was an all-time high. Henc...
On August 31st 2017, the Supreme Court of India in the case of Innoventive Industries Limited v. ICICI Bank Limited* delivered its first extensive ruling on the operation and functioning of the Insolvency and Bankruptcy Code, 2016 ( Insolvency Code ). The Court said that it is pronouncing its detail...