Law and Literature

In the realm of arbitration, it is an irrefutable fact that there can be ‘Multiplicity’ with respect to the same contract i.e. multiple invocations, multiple references, multiple Arbitral Tribunals, multiple Awards and multiple challenges, between the same parties, in respect of the same contract or the same series of contracts. When such multiplicity give rise to multiple awards, can one award bar another proceedings from deciding a similar issue? Would the principle of Res judicata be applied to a subsequent arbitration proceedings deciding on a similar issue.? Although, section 19 of the A&C, Act 1996 does not bound the Arbitral tribunal by the principles of CPC, its principles can be indisputably applied as affirmed in many precedents. Section 11 of the CPC stipulates the principles of Res Judicata. It springs from the latin phrase Nemo debet bis vexari pro una et eadem causa which means “no man should be vexed twice for the same cause.” This principle is widely followed in civ...

Over the years, there have been a lot of unprecedented cases filed before the courts where a dispute which is solely of civil nature is given a cloak of criminal offence. Disputes especially related to contractual breaches are often given a criminal recourse for speedy resolutions of settlement due to the pressure criminal prosecution brings.  It is also not disputed that civil disputes may also have a criminal texture and the courts should carefully examine to curl out the malafide intentions before exercising its jurisdiction under 482CrPc (Sec 528 BNSS) to quash any fraudulent criminal prosecution.  The courts have time and again cautioned and depreciated when disputes of strictly civil nature are given a criminal recourse.  The Apex court in  In G. Sagar Suri v. State of U.P. [(2000) 2 SCC 636, the Supreme Court observed that “It is to be seen if a matter, which is essentially of a civil nature, has been given a cloak of criminal offence. Crim...

The law on lifting of corporate veil and how directors of a company can be made liable for prosecution in the court of law.  Black Law's Dictionary defines lifting of corporate veil  “the judicial act of imposing personal liability on otherwise immune corporate officers, directors, or shareholders for the corporation’s wrongful acts ” It is a well settled law that the director of a company cannot be solely liable for the affairs of the company and cannot be personally prosecuted under law but there have been many instances where the Directors can be held personally liable if acted in a personal capacity. This small research emulates the precedents that have weighted the circumstances of how the Directors can be held liable before the court of law. WHEN THE DIRECTORS HAVE ACTED IN THE CAPACITY OF THE DIRECTORS OF A COMPANY, THEY CANNOT BE HELD PERSONALLY LIABLE WHEN THERE EXITS NO ARBITRATION AGREEMENT BETWEEN THEM AND THE OPPOSITE PARTY. a)  Deutsche Post Bank Home Financ...

  The IBC Code is a legislation deals with economic matters and, in the larger sense, deals with the economy of the country as a whole.  It was enacted with the objective of unifying the legal regime on commercial insolvency.   The CIRP is initiated u pon a corporate debtor’s default   in repayment of a debt, and  the value of the default crosses the statutory threshold ( Section 4 ); Default is defined in  Section 3(12)  in wide terms as, “Non-payment of debt when whole or any part or instalment of the amount of debt has become due and payable and is not paid by the debtor or the corporate debtor, as the case may be”. CIRP  may be initiated by the corporate debtor itself or a financial creditor or operational creditor ( Section 6 ). IBC makes a distinction between debts owed to both these classes of creditors. A financial creditor has been defined under  Section 5(7)  as, “A person to whom a financial debt is owed”. A “financial debt” i...

*Written on 28.2.2021. So it ends,  From those lovely morning texts to sleepless conversations.  Those said sugar coated lines sweeter than the smell of spring. That try hard romance just to get a glimpse of that distant smile and validation. Those teeming emotions we couldn't limit ourselves with. That October we talked till we were sober,  of fantasies, dreams, places and things. Those awkward silences and those shy infatuated smiles That failed quarrels and silly anger for a while Those buried wounds we revealed and  that alter ego we concealed  That pretty quarantine music, we often dozed off with. Those follies we couldn't fix and   That trust we couldn't reap Those miscommunications we couldn't fix and that love we couldn't keep.  We were eluded into falling so deep.  What if we never fell off the cliff? Deviated from "We could have been" to "how we would have been"  And now, she slides gently into the arms of another. With that faded s...

What is the affect of the amendment of section 13(8) of the SARFESI ACT, 2002. "The SARFESI Act is a special law of recovery with a paradigm shift that permits expeditious recovery for the banks and the financial institutions without intervention of Courts." - Pardiwala J. In SARFESI proceedings once the borrower fails to comply and discharge his liabilities with the demand notice under section 13 (2) given by the creditor, the creditor shall be entitled to exercise all or any rights provided under sub section 4 of the Act i.e. take steps for possession, appoint any person to manage the assets of the said possession. After taking the possession with compliance under section 13(4), the creditor can also sell the possession as if the transfer had been made by the owner of such asset. The section 13(8) of the SARFESI ACT, 2002 comes into picture when the creditor puts up the possession for auction and the borrowers objects to the said sale and tenders the due amount along with t...