Search Results for: fundamental rights

ENSURING GENDER EQUALITY: LEGAL FRAMEWORKS AND CHALLENGES IN INDIA

Introduction: Gender equality is a fundamental human right and a cornerstone of a democratic society. Despite the great strides made in promoting women’s rights in India, gender discrimination continues in many parts of the world. The legal framework plays an important role in promoting gender equality, fighting discrimination and empowering women. This article reviews the … Continue reading “ENSURING GENDER EQUALITY: LEGAL FRAMEWORKS AND CHALLENGES IN INDIA”

A COMPARISON BETWEEN EU GENERAL DATA PROTECTION REGULATION AND INDIA’S PERSONAL DATA PROTECTION BILL

India has recently made significant strides to establish itself as a leading global digital economy. But compared to other nations with sophisticated legal systems, India was in a weaker position since it lacked a strong data protection statute.

EXAMINING WRONGFUL ARREST THROUGH LEGAL PROVISIONS

Unlawful or wrongful arrest in India represents a grave miscarriage of justice, where individuals are apprehended by Law enforcement without proper evidence or due process. It has been a persistent issue in India, that continues to plague the country’s criminal justice system.

Judicial propriety on same-sex marriages

The present petition for legalizing same-sex marriage is outside the sphere of personal laws, given that it is being sought under the Special Marriage Act.

Section 33(5) of IBC doesn’t bar legal proceedings against a ship owned by Corporate Debtor in liquidation: Bombay HC

It is evident upon reading Section 33(5) that this clause merely forbids the filing of a lawsuit or other legal action against the Corporate Debtor. It in no way precludes the filing of a lawsuit or starting another legal action against a ship or vessel owned by the corporate debtor.

Recovery can be permitted against the assets of group companies: Bombay High Court

If the non-payment of a clear undisputed amount is being illegally and dishonestly avoided, whilst at the same time very large sums of money are being raised and spent by the same group or carrying on large real estate development projects.

Contradictions between The RERA and IBC

The IBC recognizes homebuyers under financial creditors to protect their rights even when a creditor, other than a homebuyer, invokes insolvency proceedings against the builder.

LokSabha Clears Heavily Contested IBC Amendment Bill 2020

The LokSabha passed the IBC (Second Amendment) Bill 2019, which was first introduced by the Finance Minister Nirmala Sitharaman on 12 December 2019.

Analysis of Judgment of the Supreme Court upholding the legality and constitutionality of Section 5(8)(f) of IBC, 2016

Judgment, which is titled Pioneer Urban Land and Infrastructure Ltd. and Anr. v. Union of India and Ors. upholds the constitutional validity of Section 5(8)(f) of the Insolvency & Bankruptcy Code, 2016 (hereinafter as the ‘Code’).

Maintaining the balance of interests of all the creditors

It is to be understood that the objective of IBC is not to provide benefit only to selective creditors but to protect the interests of all the stakeholders.

Difference between Financial Creditor and Operational Creditor

The Insolvency and Bankruptcy Code (Amendment) bill 2017, describes the Financial Creditor and the Operational Creditor and the ambit of its applicability on creditor-debtor relationship.