by IJLMH | Apr 6, 2019
Over the past few years, India has seen a rise in the number of banking frauds. The reason behind the fraud can be attributed to various factors such as negligence of the authorities, absence of due diligence while giving out loans as well as rampant corruption among the hierarchy of the employees of the banks. Though, the government identified that the cause behind the rise of frauds could be due to the absence of a strict enforcement mechanism in the legal system of the country. Hence, they brought an ordinance before the President and introduced the Fugitive Economic Offenders Bill, which was later passed by the Lok Sabha in the monsoon session of 2018. This paper delves into the background of legislating this law with specific reference to the loan defaults and absconding of Mr. Vijay Mallya. Further, it states the chief highlights of this new piece of legislation followed by the analysis of the same.
by IJLMH | Apr 6, 2019
The case of Binani Industries Ltd v. Bank of Baroda and others proved to be a landmark decision by the supreme court of India. The insolvency resolution process is aimed at extracting the maximum value from the auctions of stressed assets. India’s bankruptcy appeals court ruled that the UltraTech Cement Ltd’s revised ₹ 7,900 crore bid to acquire debt-laden Binani Cement Ltd. Going with the order of the NCLAT, it reasoned that the insolvency law’s aim was to provide a resolution process rather than preferring liquidation, in a time-bound manner for maximisation of the value of assets to promote entrepreneurship, credit availability and to balance the interest of various stakeholders. It, therefore, okayed UltraTech’s offer of Rs 79.5 billion, dismissing Rajputana Properties’ Rs 69.32 billion offer. After the resolution plans were invited for bid for the insolvent company of Binani Industries ltd., the premier offer was from UltraTech cement (which is a limb of Aditya Birla Group) was for a sum of 65 billion, which was very low in comparison to Dalmia’s Bharat. The former company had then amended and revised it’s offer to outbid the latter. The revised bid was rejected by the Committee of Creditors (CoC) and the consortium of Dalmia Bharat was duly selected. However, the same was starkly opposed by the operational creditors and other stakeholders like UltraTech, Binani, SBI Hong Kong, EXIM Bank. The NCLAT’s order also ruled out that an insolvency application once filed cannot be withdrawn at a date later merely because the promoter of the financially stressed company has offered to pay all outstanding dues.
by IJLMH | Apr 6, 2019
There is something touching about a girl manufacturing a volume of essays in memory of her father, whether or
not (some would say, notably when) the providing is created posthumously. This assortment of speeches,
delivered by an eclectic group of personalities – comprising of practicing and educational lawyers, serving and
retired judges and a social scientist – between 2004 and 2017, stands testimony to the love and regard during
which Sujata Manohar, a member of the Mumbai Bar (who went on to become a judge of the Supreme Court of
India), held her late father, Kantilal Thakordas Desai. Popularly called ‘K.T.’ in legal circles, Desai was himself
a outstanding attorney and judge of the Mumbai state supreme court during the last century.
by IJLMH | Apr 6, 2019
The concept and canon of Principles of Natural Justice along with is applicability is not new to our Justice delivery system. Not to defy, it is as old as the system of dispensation of justice itself. It has by now assumed the importance of being, so to say, “an essential inbuilt component” of the mechanism, through which decision-making process passes, in the matters stirring the rights and liberty of the people. Without any doubt, the principles are encompassed in the procedural requirement under variety of laws but it also ensures a strong safeguard against any Judicial or administrative order or action, which might adversely affect the substantive rights of the individuals.
The present case comment relates to the Competition Appellate Tribunal which came down heavily upon a Competition Commission of India’s final order which was pronounced on 10th of June 2015 in the presence of Chairman and four other members including Mr. Sudhir Mital who did not take part in the hearing of the case held on 8th of January 2015. Competition Appellate Tribunal without any doubt regards this move of the commission as a “grave miscarriage of justice”
by IJLMH | Apr 6, 2019
According to a study conducted by Mahendra Kumar Bajpai advocate of Supreme Court, who specialises in Medical Law in 2016 has stated that there is 110% rise in the number of medical negligence cases in India every year and the study also revealed that 90% cases of medical negligence in hospitals . Whenever the medical practitioner’s act falls below
the standards of a reasonably competent practitioner in his field or without reasonable care, skill and knowledge or willfully acting negligently in treating the patients, there arises the Medical Negligent. In this article, an attempt is made to point out the medical negligence vis-à-vis its consequences on the public and the failure of the public and the private hospital in fulfilling its object in providing better medical services to the patients while pointing out the concept of the right to health. So also, an enduring is put to trace out the practical predicament the people face amid his pathetic conditions in medical facilities in government hospitals. The higher compensation and effective implementation of the Charter of Patients’ Rights may help in curbing medical negligence.
by IJLMH | Apr 6, 2019
Due to growth and development in technology there has been enormous change in day to day life. It is very easy to communicate through technology which increasing reliance on electronic means of communication, e-commerce and storage of information in digital form. This rise and development of technology has intense effect on legal rules in legal system especially in the field of evidence. This modern technology has generated and created materials that are considered evidence in courts. It caused a need to transform the law relating to information technology and rules of admissibility of electronic evidence both in civil and criminal matters. This paper is an effort to relook the laws of digital evidence & its admissibility and relevancy while appreciating various issues involved with help of case laws & interpretations in India, USA and UK.
