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APPLICABILITY OF THE LAW OF LIMITATION TO PROCEEDINGS UNDER INSOLVENCY AND BANKRUPTCY CODE (IBC)

Law governing insolvency, liquidation and reorganisation has seen a paradigm shift with the enactment of the Insolvency and Bankruptcy Code (”the Code” or IBC for short). The fundamental change in approach to the law relating to insolvency and reorganisation of defaulting or non performing business entities is aimed at maximising value of assets, promote entrepreneurship,…
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Law and Plain English

Oh! what a tangled web we weave when we lawyers begin to speak! –  Sir Walter Scott would appreciate this modification The language of the law can be and is often so complicated that the ‘common man’ is left grappling to understand its meaning. Why does the commonly spoken and understood English language transform into…
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NOTIFICATION DATED 24th MARCH 2020 OF MINISTRY OF CORPORATE AFFAIRS ENHANCING THRESHOLD OF DEFAULT TO OPERATE PROSPECTIVELY

With the imposition of nationwide lockdown due to the COVID-19 pandemic, the central government felt that small to medium enterprises may not be able to meet the timelines for repayment of their loans thereby getting dragged in insolvency and resolution proceedings under the IBC. To address this concern the central government in exercise of powers…
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Why one can’t compare Gandhiji’s Civil Disobedience Movement with the Shaheenbagh Anti CAA protest.

Gandhiji and his followers were protesting against laws passed by a Ruler who was not elected by the people of India; whereas the Anti CAA protest was essentially against the democratically elected Government’s legislation. The disobedience of Gandhiji was a necessity because there was neither political or judicial recourse to challenge the Rowlatt Act; whereas…
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PECUNIARY JURISDICTION OF THE CONSUMER COURTS UNDER THE NEW ACT

CONCEPT OF JURISDICTION Knowing the Jurisdiction of courts is sine-qua-non for instituting a case or making a claim. In India, as in many other countries, Courts and Tribunals decide varied issues arising under a number of laws and involving different kinds of claims. For efficient justice delivery, therefore, Courts have been empowered with handling only…
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FUTURE OF RENEWABLE POWER GENERATION IN KARNATAKA

The Karnataka Electricity Regulatory Commission (“KERC”) has issued a discussion paper dated 24th August 2020 inter alia proposing to discontinue the banking facility extended to solar, mini-hydel, and wind power projects henceforth, for both REC and Non-REC route-based projects. The proposal is twofold- a) to not provide any banking facility for such power projects and…
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Right to internet

IS RIGHT TO ACCESS INTERNET A FUNDAMENTAL RIGHT?

Internet is considered one of the most significant inventions of our time. The technological revolution brought by internet has changed the way of life for individuals in the 21st century. The Internet has permeated almost all aspects of our lives such as work, studies, entertainment, communication, shopping, payments, and many more and therefore, it is…
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DRAFT ENVIRONMENT IMPACT ASSESSMENT (EIA) 2020- AN ANALYSIS

Environmental law in India has gone through an enormous change over the years. Initially, India lacked a comprehensive environmental legislation to cover within its ambit the evolving issues related to the environment. …

Virtual Legal proceedings during Corona Pandemic

I appeared in the first Online hearing in DK District, Karnataka, pertaining to bail for an attempt to murder charge. It took place before the PDJ & Sessions Judge, Mangalore. The immense advantages of e-filing and Video arguments or “V-arguments” is evident immediately. Reduced usage of fossil resources such as paper, fuel, reduced emissions due…
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