INTRODUCTION A two-judge bench of The Supreme Court of India (‘SC’), on 5th December, 2018 res olved the conflict of jurisdiction between Competition Commission of India (‘CCI’) a ndTRAI and the interplay of roles of the two regulators. CCI is a sector-agnostic regul ator authorised to “promote and sustain competition in markets of India”. Whereas, T RAI is sector…
View detailsCITATION – 2020 (13) SCALE 443 JUDGES 1. Justices L Nageswara Rao, 2. S Ravindra Bhat, and 3. Hemant Gupta INTRODUCTION The President of India on 4th April 2021 promulgated an Ordinance, on the recommendations of the Central Government, while exercising its powers under Article 123 of the Indian Constitution because, even though the bill was tabled in the Lok Sabha…
View detailsCITATION – [2019] 7 SCR 522 FACTS The dispute arose out of a contract between the parties for construction of a four-lane bypass on a National Highway in the State of Madhya Pradesh. The appellant, Ssangyong Engineering, was to be compensated under the contract for inflation in prices of components to be used in construction of the highway.…
View detailsCITATION – (2020) 8 SCC 531 INTRODUCTION The Essar Steel Case is a landmark judgment in the arena of Insolvency & Bankruptcy Law, which decided the supremacy of the financial creditors in the Committee of Creditors in cases of distribution of claims. It is one of the oldest cases going under the IBC process which lasted for approximately…
View detailsCITATION – (2020) 5 SCC 481 FACTS In this case, three appeals were filed which arose from three applications filed by the respondent, Subhash Chandra Agarwal before the Central Public Information Officer (CPIO) of the Supreme Court of India Subhash Chandra Agarwal himself filed a Right to Information Application to CPIO of the Supreme Court of India to…
View detailsComparative analysis- India v. France The 21st century human is not bound by the contours of gender in terms of individuality and way of life. In today’s world men are not the sole bread earner and women are not limited to being house makers. However, such shift in workplace dynamics has resulted in a new…
View detailsJUDGES 1. Former Chief Justice of India Dipak Misra, 2. Justice Kurian Joseph, 3. Justice RF Nariman, 4. Justice SK Kaul and 5. Justice Indu Malhotra. ISSUES Whether the Nagraj Judgement needed reconsideration by a seven-judge bench? The second issue questioned whether the States had to collect quantifiable data to prove the backwardness and inadequacy of…
View detailsScope of the global trade restrictions Article XX (b) of GATT 1945 states that; “Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade, nothing in this Agreement…
View detailsFACTS 1. This case was a combined hearing by the Hon’ble Supreme Court. The constitutionality of Part XIV of the Finance Act, 2017, and of the rules framed in consonance of section 184 of the Finance Act was constitutionally challenged before the court. Part XIV of the Finance Act 2017 gave sweeping powers to the Union Government to…
View detailsCITATION – [2019] 3 SCR 535 Swiss Ribbons Pvt Ltd. vs Union of India deals with the constitutional validity of the various existing provisions in the Insolvency and Bankruptcy Code, 2016 (hereinafter IBC Code). The case has been finally decided by the Supreme Court on 25 January 2019. Since the enactment of the IBC Code, it is continuously…
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