Category Archives: Articles

Articles

Overriding Effect of the Insolvency and Bankruptcy Code, 2016

The Insolvency and Bankruptcy Code shall have an overriding effect over other laws. According to Section 238, the provisions of this Code shall have an effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law. In the leading case of ICICI… Read More »

A Long Due Overhaul – Achieved or Still Too Far ?

The long due ban on Triple Talaq and the unanticipated judgment on the right to privacy seem to have ushered in a new era for the Indian judiciary system. These recently long promulgated judgments throw light upon the gradually increasing propensity of the judiciary to adapt to the liberal and modern ideals of the society. Yet these judgments… Read More »

Imprisonment: An Undeserved Pseudo Hell to the Living

This article “Imprisonment: An Undeserved Pseudo Hell to the Living” deals with prison justice and prison reform in India. It is not about assigning blames, or claiming that there is absolutely no good left in the prison system. But, there is a need of Reformation of Under-trials, of Women Prisoners; of Juvenile Offenders and hence it`s about what… Read More »

Specific Performance – An outlook at Indian Laws

“Specific performance will be granted where damages are an inadequate remedy or no standard for ascertaining the actual damage.” Introduction The laws relating to Specific Performance of Contract are contained in section 9 to 25 of the Specific Relief Act, 1963 and Section 58 of the Sales of Goods Act, 1930. It is called “specific” because under this… Read More »

CHALLENGES OF LEGAL EDUCATION IN THE 21st CENTURY

[Legal Education is a technique, arena and platform for rational, orderly and non-violent settlement of disputes and handling of conflicts.] INTRODUCTION  Education – is the manifestation of perfection already in man - Swami Vivekananda. Law governs the world and its people and is the ultimate instrument of change. It has the potential to reform society and guarantees justice… Read More »

What led to the enactment of Insolvency and Bankruptcy Code, 2016?

Introduction The Insolvency and Bankruptcy Code (IBC), 2016 has been enacted to merge the existing laws related to insolvency and bankruptcy. Insolvency is a state in which financial difficulties of a company are such it is unable to run its business at its current pace. Bankruptcy is the status of a person who is legally declared as incapable… Read More »

AN ANALYSIS OF CORPORATE CRIME

Introduction to Corporate Crime  Corporate crime is a phenomenon that marked the 20th century. The first half was marked with two major world economic crises (The Great Depression) and the second with an increasing number of massive corporate scandals. What is significant is the fact that this type of fraud is spreading, and as a consequence there has… Read More »

CUSTOM EN ROUTE TO IDEAL THAT IS LAW

“As an anarch, who acknowledges neither law nor custom, I owe it to myself to get at the very heart of things. I then probe them in terms of their contradictions, like image and mirror image. Either is imperfect – by seeking to unite them, which I practice every morning, I manage to catch a corner of reality.” … Read More »