A rising tide lifts all boats. It is only when the tide goes out that you learn who has been swimming naked. A financial crisis is often followed by a rise in financial crimes. A crisis, such as the one we now face, not only presents an opportunity (and greater motivation) for all sorts of […]Read More Taking White Collar Crime Seriously
In the second part, we take a closer look at the IBC’s most fundamental features (terms starting with alphabets I-P).Read More A To Z of the Insolvency and Bankruptcy Code | A Beginner’s Guide (Part II)
Through this column, which is the first in a three-part series, we will try to give a brief overview of the primary features and actors in the IBC game and a sneak peek into the new and latest in IBC and the challenges that lie ahead. Since we all love lists, we walk you through these concepts alphabetically. But before we dive deep, here are a few words in the nature of a general preface to this path-breaking piece of legislation called the IBC.Read More A to Z of IBC | A beginner’s guide to the Insolvency and Bankruptcy Code (Part I)
This is a guest post by Shantanu Pachauri[I]. First published on The Criminal Law Blog on 7 June, 2020 at thttps://criminallawstudiesnluj.wordpress.com/2020/06/07/anticipatory-bail-and-children-in-conflict-with-law/ A constitutional bench of the Supreme Court in Gurubakash Singh Sibbia v. State of Panjab (1980) while distinguishing normal bail from anticipatory bail held that whereas the former is granted after arrest releasing a person […]Read More ANTICIPATORY BAIL AND CHILDREN IN CONFLICT WITH LAW
First published on LiveLaw at : https://www.livelaw.in/phone-tapping-and-recording-of-a-phone-conversation-by-a-private-party-issues-relating-to-legality-and-admissibility/ “Who are you? Why do you hide in the darkness and listen to my private thoughts?” William Shakespeare, Romeo and Juliet Is Privacy history? The sheer number of court trials where a telephone recording is sought to be used by either party as evidence, suggest that private thoughts […]Read More Phone-tapping and Recording of a Phone conversation: Is it legal and admissible?
First appeared at https://www.mondaq.com/india/court-procedure/680992/the-shifting-judicial-sands-on-accused39s-right-to-rely-on-exculpatory-material-at-the-stage-of-discharge A preliminary hearing in a criminal trial is one of great importance, and the right to seek a discharge (threshold dismissal) is an extremely valuable right that the Criminal Justice System guarantees to the Accused. This gives an opportunity to the Court to sift out meritless cases at the very threshold, […]Read More Can the accused rely on material beyond the chargesheet – at the stage of discharge?
This is a guest post by the very talented lawyer Ambanshu Sahni. This is how it goes: The Jasmine Revolution in 2010-2011 in the Middle East showed us the power of social media. Social media appeared as a tool for righting many wrongs. It was this great unifier before which everyone was equal. It provided a voice […]Read More How the Social Media failed us and How we failed it – in turn. (Guest Post)
This is a guest post by the very talented Siddhant Bajaj. First published on Livelaw at : https://www.livelaw.in/news-updates/can-an-arbitral-tribunal-pierce-the-corporate-veil-159015 The concept of legal personality is a classic innovation of the law, it is perhaps the most relevant example of legal fiction. From the mid 19th century, the jurisprudence surrounding companies as legal entities has taken quantum leaps. […]Read More CAN AN ARBITRAL TRIBUNAL PIERCE THE CORPORATE VEIL?
First published on : https://www.nluo.ac.in/wp-content/uploads/2020/03/ADR-E-Newsletter-Vol.-I.pdf You have been on the different ends of the spectrum, from being an independent practicing lawyer to a judge, and now a partner at L&L Partners, one of the top law firms in India. What is your opinion of Alternative Dispute Resolution methods from all those different perspectives? Is the […]Read More A conversation with ADR Board, NLUO on Arbitration, Mediation, Institutional Arbitration….
A slightly abridged version of this first published at Bar and Bench – https://www.barandbench.com/columns/return-of-the-debtors-paradise-a-case-against-decriminalisation-of-section-138-of-the-ni-act Creditor, n. From the Latin for “believer”; someone who lent money to a borrower and believes the loan will be repaid in full. That belief turns out to be true – most of the time (Devil’s Financial Dictionary – Jason Zweig) Let’s face it: […]Read More Return of the Debtor’s Paradise? A case against Decriminalisation of Section 138 of the NI Act
First published at : https://www.barandbench.com/columns/the-devils-dictionary-of-law The times are dreary and before you stop reading, my dear reader, let me assure you, this is not another article on ‘Law of Force Majeure’. Trust me, I’d never do this to you and I’d never lie to you! We are friends. Also, this is not an introduction or […]Read More The Devil’s Dictionary (of Law)
In the previous two parts (click here[part-1] and here[part-2]), we tried unpacking the broad mechanics of the Insolvency and Bankruptcy Code, 2016 (IBC) and the central actors of the IBC regime. In Part II, we explored IBC’s basic features, concepts such as: information memorandum, liquidation value, moratorium, non-obstante clause, operational creditor and concept preferential transactions. We also tried […]Read More A To Z of the Insolvency and Bankruptcy Code | A Beginner’s Guide (Part III)