Breaching Proportionality, Tearing Constitutionality: The Privacy Concerns of the Criminal Identification Act, 2022

The authors in this article have analyzed the privacy concerns of the recently enacted Criminal Procedure (Identification) Act, 2022 by examining the said legislation by subjecting it to the “proportionality test” further drawing a comparison with the laws of the European Union and the United Kingdom. Continue reading Breaching Proportionality, Tearing Constitutionality: The Privacy Concerns of the Criminal Identification Act, 2022

THE LEGAL CONUNDRUMS INVOLVING TAXABILITY OF CARBON CREDITS UNDER SECTION 115BBG

A carbon credit certificate is a permit that allows an industry, that holds it, to emit a certain amount of carbon dioxide or other greenhouse gases with equal mass as that of carbon credits. Carbon credit trading has seen a surge in recent years as climate change continues to be one of the biggest international agendas. Judgements by different courts, including the Hon’ble Supreme Court, have so far failed the determination of the type of receipt that the transaction at hand would be encompassed. Continue reading THE LEGAL CONUNDRUMS INVOLVING TAXABILITY OF CARBON CREDITS UNDER SECTION 115BBG

EVERGREEN V JOHN TINSON: ANALYSING SUPREME COURT’S ERRONEOUS RULING ON SECTION 17 OF ARBITRATION ACT

In this article, the authors analyse can an interim measure be granted under Section 17 of the A&C Act, 1996 where the liability is seriously disputed? The author analyses in depth the provisions of the same in light of various precedents that the Hon’ble Supreme Court has given in the regard. The author concludes the said research with a recent judgment of the supreme court whereby the Hon’ble Supreme Court answered negative. Continue reading EVERGREEN V JOHN TINSON: ANALYSING SUPREME COURT’S ERRONEOUS RULING ON SECTION 17 OF ARBITRATION ACT

A CASE IN SUPPORT OF RETAINING SECTION 124A (Part-2)

The intent of the author through this piece is to present a case in support of retaining Section 124A. To build the case, the piece is divided into two parts – Part –I give a brief legislative history and judicial interpretations of the provisions along with an understanding of the provision. Part II entails a critical analysis of commonly cited arguments made in favor of repealing the provisions. Finally, a conclusion is drawn along with suggestions. Continue reading A CASE IN SUPPORT OF RETAINING SECTION 124A (Part-2)

A CASE IN SUPPORT OF RETAINING SECTION 124A (Part-1)

The intent of the author through this piece is to present a case in support of retaining Section 124A. To build the case, the piece is divided into two parts – Part –I give a brief legislative history and judicial interpretations of the provisions along with an understanding of the provision. Continue reading A CASE IN SUPPORT OF RETAINING SECTION 124A (Part-1)

Working Hours And The New Labour Code: The Need To Reconsider

In this article, the authors analyze the codification of the labour codes as has been initiated recently by the labor ministry of the country and the combination of the present legislations into such codes. The codes have been examined on lines of international legislations and conventions prevalent in this regard and compares the same with the provisions of the code as has been envisioned in the codes. The codes also have been analysed on the yardsticks of how well they are fair in terms of the basics of labour laws and the rights of labour that needs to be respected and kept intact while drafting the codes. Continue reading Working Hours And The New Labour Code: The Need To Reconsider

The Fate of Delayed Claims Reflected in Records of the Corporate Debtor

In this article the authors have analyzed the recent trend of NCLAT rulings wherein it decides on accommodating the delayed claims after the approval of the resolution plan and inclusion of delayed claims in the information memorandum based on the records of the corporate debtor. The authors explore the implications of the ruling on the objective of the Insolvency and Bankruptcy Code 2016, including the sacrosanct timeline, and the stakeholders involved in the process. The authors conclude by highlighting the need to address the conundrums that would ensue. Continue reading The Fate of Delayed Claims Reflected in Records of the Corporate Debtor

The Constitutionality of a Non-sectarian Requirement: The US Supreme Court’s Considerations on Religious Schools’ Funding

In this article, the author analyses the pending U.S. Supreme Court case Carson v. Makin which delves into the complex question of whether state laws could prohibit funding to sectarian educational institutions, in an otherwise general funding aid scheme for secondary school students. The Court’s decision may have a consequential impact on funding for religious schools, requiring keen attention to First Amendment jurisprudence, owing to a complicated judicial history about the Free Exercise and Establishment clauses. This piece particularly comes in light of a line of recent decisions raising concern over discrimination against sectarian interests. Continue reading The Constitutionality of a Non-sectarian Requirement: The US Supreme Court’s Considerations on Religious Schools’ Funding

The Curious Case of Reverse Corporate Veil Piercing and the IBC

In this article, the authors, assess the inclusion of reverse corporate veil piercing in the Indian insolvency jurisprudence. In doing so, the authors trace the evolution of the concept with the Indian legal system and analyse the ways to include it within the current insolvency scenario. The authors conclude that while the principle may be legally recognised, it must not be readily implied. Continue reading The Curious Case of Reverse Corporate Veil Piercing and the IBC