Recent reports suggest Reliance Jio’s user data was breached, jeopardising the personal details of its 120 million subscribers, including their Aadhaar details. While Reliance has claimed that the information is (prima facie) unauthentic and investigations are still underway, this incident has once again underlined the debate over the Right To Privacy. While the issue is being debated before a 9-judge Bench of the Supreme Court of India, it is relevant to take a look at the importance of having a legislation that protects data privacy, and the government’s efforts (or lack thereof) to make the same a reality. The challenge to Whatsapp […]

The Allahabad High Court Bar Association has decided to go on a strike on July 21 as a mark of protest against a sitting judge of the Allahabad High Court. It is alleged by the members of the Bar that Justice Sudhir Agrawal, while hearing a matter, had passed a general remark which was adverse to the dignity of the lawyers. The Bar, in a notice, has claimed that they tried to resolve the issue with the Chief Justice . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year […]

Speaking at the inauguration of the Family Court at the Karkardooma Court Complex in North-East Delhi on 19 July, Justice Gita Mittal, Acting Chief Justice of the Delhi High Court said that family courts must render compassionate and just decisions without falling into the trap of inordinate delays. To buttress her point, she quoted from Chief Guest the Supreme Court’s Justice Dipak Misra’s 2014 decision in Bhuwan . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to previous interviews, columns and articles One year […]

The Bar Council of India is set to meet the Law Minister at the end of this month to discuss the Draft Rules for the “registration and regulation” of non-Indian lawyers in the country. Speaking to Bar & Bench, BCI Chairman Manan Kumar Mishra confirmed that the “Bar Council of India Rules for Registration and Regulation of foreign lawyers, 2016”, drafted by the BCI in 2016 will now be up for discussion with the Law Ministry on

An ongoing probe against two Orissa High Court judges has been stalled because the name of a senior Supreme Court judge cropped up all of a sudden. This news was reported in DNA today. Flummoxed at this development, the three member panel of high court judges, headed by Punjab and Haryana High Court Chief Justice SJ Vazifdar and also including Uttarakhand High Court Chief Justice KM Joseph and currently Supreme Court Justice S Abdul Nazeer (who was earlier with the Karnataka High Court), has written to CJI Justice Khehar seeking his guidance. The panel has stated that despite allegations of the Supreme Court judge’s […]

Effective, free legal aid and release from prison if half the sentence has been served in pre-trial detention: these are the twin pillars which, according to criminologists and legal experts, form the bulwark of the mechanism for reducing the undertrial population in India. However, a report released on July 12 by the human rights organisation Amnesty International has found that both these twin pillars are gravely plagued by ills. The ratio of legal aid lawyers to the undertrial population is a poor one, the status of lawyers’ visits . . . Facebook Comment To read the entire article, get a […]

Sharply castigating the Army and State for using a 26 year old weaver as a human shield, a bench of the Jammu and Kashmir State Human Rights Commission headed by Justice (Retd.) Bilal Nazki ordered the state government to pay him a compensation of Rupees 10 lakhs. The SHRC’s 10 July ruling came in a case brought by Mohammad Ahsan Untoo, Chairman of the civil society organization, International Forum for Justice and Human Rights Jammu and Kashmir .

In almost all incidents of mob lynchings, the numbers of which have been alarmingly rising in recent times, the police and administration are usually mute bystanders to the murderous rampage of vigilantes. Sometimes the acts of deliberate inaction are borne out of complicity, sometimes sheer apathy. Aghast and appalled at this state of affairs, a group of concerned citizens and public persons, with the aid of senior lawyers, have come together under the banner of “Campaign Against Mob Lynching” and have formulated a draft law- titled The Protection from Lynching Act, 2017 or the “Manav Suraksha Kanoon” (Human Lives Protection […]

In India, it is difficult to estimate or calculate the number of incidents of lynching in which death(s) have been caused or people have been injured. India does not record “lynchings” or “mob violence” separately, but does record incidents of communal riots, promoting enmity between people on the grounds of religion, and communal incidents. To fill in this gap, and to address a problem whose intensity is soaring only by the day, the National Crime Records Bureau (NCRB) is mulling on creating . . . Facebook Comment To read the entire article, get a premium account With a premium account […]

With a view to curbing child marriage, checking bigamy and polygamy, and fostering empowerment of women, the Law Commission of India has recommended the compulsory registration of marriages in the country. In its 270th Report, the Commission has recommended an amendment to the Registration of Births and Deaths Act, 1969 to provide for compulsory registration of marriages notwithstanding the religion of the parties. This is not the first time that compulsory registration has been called for in India. Being a signatory . . . Facebook Comment To read the entire article, get a premium account With a premium account you […]

The Ministry of Corporate Affairs has relaxed the timeline prescribed for filing of mergers with the Competition Commission of India (CCI). Under Section 6 of the Competition Act, 2002, any combination (as defined under Section 5) has to be reported to the CCI within 30 days of approval of the proposal relating to the merger or execution of any agreement/documents which will effectuate such merger/acquisition. This may be viewed as a breather for entities proposing to be . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access […]

With the launch of the new Supreme Court website, the Supreme Court Registrar has issued a notice asking all advocates-on-record (AORs) to register themselves in the new website. Only after registration can the AORs access the integrated case management system, which is the key feature of the site, and avail other facilities in the programme. They are also required to update their personal information in order to avoid inconvenience.                                      

The Insolvency and Bankruptcy Board of India (IBBI) has notified the final norms for fast track corporate insolvency resolution process (CIRP). The Insolvency and Bankruptcy Board of India (Fast Track Insolvency Resolution Process for Corporate Persons) Regulations, 2017 (Regulations) have been notified to give effect to Chapter IV of the Insolvency and Bankruptcy Code, 2016. Chapter IV of the Code provides for the substantive provisions relating to fast track insolvency, while the Regulations lay down . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access […]

Union Minister of Law and Justice Ravi Shankar Prasad today held a press conference in Delhi’s Jaisalmer House to highlight the achievements and initiatives of his ministry in the past 3 years. Prasad, who also holds the Ministry of Electronics & Information Technology cabinet, began by promoting the Digital India Campaign and stated that the digital platform has been effectively used by the Ministry of Law and Justice to increase access to the judicial system. The Law Minister enlisted the . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One […]

According to a report in the Economic Times, the government is all set to scrap the University Grants Commission (UGC) and the All India Council for Technical Education (AICTE) and replace them with a single higher education regulator named Higher Education Empowerment Regulation Agency (HEERA). Similar recommendations i.e. scrapping of UGC, were made . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to previous interviews, columns and articles One year access to all archival material Access to all Bar & Bench reports Register Already […]

The National Company Law Tribunal (NCLT), Kolkata Bench, has in its recent ruling in the case of Parker Hannifin India Private Limited v/s Prowess International Private Limited, ruled on the aspect of withdrawal of insolvency petition based on a settlement arrived at between the disputant parties after it has been admitted under the provisions of the Insolvency and Bankruptcy Code, 2016 (IBC). Factual Matrix: An application was filed by Parker Hannifin India Private Limited against Prowess International Private Limited for initiating corporate insolvency resolution process under section 8 and 9 of the IBC. Vide its order dated 20 April 2017, […]

The Ministry of Finance (MoF) has issued a ‘removal of difficulties’ order with respect to the changes introduced in the Finance Act, 2017 (Act) regarding qualifications of members of Tribunals. Section 184 of the Act, which deals with qualifications of the members of tribunals came into effect on May 26, 2017. Second proviso to Section 184 of the Act caps the maximum age of a ‘Presiding Officer’ of a tribunal/appellate tribunal at sixty-seven whereas for . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access […]

In a move that will significantly affect the meat industry in India, the central government’s Ministry of Environment, Forest and Climate Change has notified new Rules, which ban the sale of cattle for the purpose of slaughter in animal markets. Rule 22 of The Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017, framed under the . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to previous interviews, columns and articles One year access to all archival material Access to all Bar […]

President of India Pranab Mukherjee last week approved the Banking Regulation (Amendment) Ordinance, 2017, which made amendments to the Banking Regulation Act, 1949 (BRA). The Ordinance in effect gives more powers to the Reserve Bank of India which (apparently) hitherto did not exist. While the Ordinance carries the force of law, it will still need to be validated when both Houses of the Parliament meet in the next session. By way of the Ordinance, two new sub . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access […]

The Reserve Bank of India (RBI) has come out with its draft regulations on cross border mergers, after the Ministry of Corporate Affairs (MCA) notified Section 234 of the Companies Act, 2013 (Companies Act). The Companies Act for the first time permits outbound mergers i.e. merger of an Indian company with a foreign one, since the erstwhile law permitted only inbound mergers. The MCA, on April 13, 2017, notified [

By Sumit and Vaneesa Agarwal SEBI Board met today in Mumbai and took some important decisions, which shows its approach in the coming years. This board meeting was also important as it was the very first board meeting of new SEBI Chairman Mr. Ajay Tyagi along with Whole Time Members Mr. S Raman, Mr. G Mahalingam and Ms. Madhabi Puri Buch. Suvan Law Advisors

In a significant departure from the ruling passed by the Mumbai Bench of the NCLT, the Chandigarh Bench while admitting an insolvency petition has observed that the definition of a ‘dispute’ under Section 5(6) of the Insolvency and Bankruptcy Code, 2016 (IBC) shall also include, disputes relating to the quality of goods or services even if no suit or arbitration proceedings have been filed in this regard.

The Insolvency and Bankruptcy Board of India (IBBI) last week notified two extremely crucial pieces of the (insolvency) puzzle. On 31st March, 2017, the regulations relating to Information Utilities (IU) and Voluntary Liquidation were notified by the government. The simultaneous notification of both, however, is not because one is dependent on the other. Both regulations have come into effect from 1st April, 2017. Information Utilities

The Election Commission of India (EC) yesterday issued a ‘communication’ directed at all ‘print and electronic’ media prohibiting them from telecasting or publishing any content which seeks to predict poll outcomes. This communication comes in light of the recent state elections of Goa, Manipur, Punjab, Uttarakhand and Uttar Pradesh. While the EC had issued a similar notification on 4th March directing all media houses to refrain from disseminating any content which would declare the results of exit polls, it . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One […]

The Ministry of Corporate Affairs, earlier this week, issued a notification significantly relaxing the requirements for applying to the Competition Commission of India (CCI) for combination approval under Section 5 of the CCI Act, 2002. Under Section 5 of the CCI Act, 2002, all ‘combinations’ that exceed certain thresholds are statutorily required to seek CCI approval. These combinations include mergers, acquisitions and control of voting rights by one enterprise over another.

The Mumbai Bench of the NCLT, recently passed an order which underlined what constitutes a ‘curable defect’ under the proviso to Section 9(5) of the Insolvency and Bankruptcy Code, 2016 (Code). In this (possibly) first of its kind case, a petition was filed under Section 9 of the Code by Mrs. Seema Gupta, represented by Zain Mookhi, against Supreme Infrastructure India Ltd. & Ors. (Debtor Company), represented by Farhan Dubash. While the . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to previous interviews, columns […]

The Mumbai Bench of the NCLT has recently passed an order admitting an insolvency petition which highlights a (possible) serious lacunae in the Insolvency and Bankruptcy Code, 2016 (Code). Essar Projects India Ltd. (Essar), represented by Cyril Amarchand Mangaldas, had filed an application against MCL Global Steel Pvt. Ltd. (MCL) in its capacity as an operational creditor, under Sections 8 & 9 of the Code read along with Rule 6 of the Insolvency & Bankruptcy (Application to Adjudicating Authority) Rules, 2016 . . . Facebook Comment To read the entire article, get a premium account With a premium account you […]

Finance Minister Arun Jaitley’s Budget speech hinted at the reduction in the number of tribunals, and it has emerged that the Centre has done just that with the recent passing of the The Finance Amendment Bill, 2017. The Amendment Bill, which is longer than the original Finance Bill itself, has revealed, among other things, the list of tribunals that are sought to be eliminated and the absorption of their responsibilities. The ninth schedule of the amendment bill provides a list . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited […]

While no stay has been granted on the promotional offers offered by Reliance Jio, the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has, indicted Telecom Regulatory Authority of India (TRAI) for its inaction inasmuch as there are inconsistencies in the filings done. Airtel and Idea have been fighting a battle against Jio’s promotional offers, and TRAI’s lack of concern on the violations . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to previous interviews, columns and articles One year access to all archival material Access to […]

In a classic example of regulatory turf war, market watchdog Securities and Exchange Board of India (SEBI), in a recent letter to the banking regulator Reserve Bank of India (RBI), has expressed its displeasure over RBI’s intervention in trading of HDFC’s shares. Trading gone wrong As a preface, the FDI Policy sets the bar at 74% for foreign investment in private sector banks. As per RBI rules, RBI puts stocks which cross 72% threshold on . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access […]