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Who Shall Judge the Judges? Revisiting the NJAC Case (2015)

Who Shall Judge the Judges? Revisiting the NJAC Case (2015) Supreme Court Advocates-on-Record Association v. Union of India — popularly called the NJAC Case or the Fourth Judges Case — is one of the most consequential constitutional decisions delivered by the Supreme Court of India in the post-Kesavananda era. Pronounced on 16 October 2015 by a Constitution Bench of five Judges (Jagdish Singh Khehar, J. Chelameswar, Madan B. Lokur, Kurian Joseph and Adarsh Kumar Goel JJ.), the judgment runs to over a thousand pages and resolves, by a 4:1 majority , a question that had been debated in India almost continuously since the Constituent Assembly first convened in 1946: who should appoint the judges of the higher judiciary, and on what terms? The Court struck down both the Constitution (Ninety-ninth Amendment) Act, 2014 and the National Judicial Appointments Commission Act, 2014 as unconstitutional, holding that they violated the basic structure of the Constitution by compromising the...
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Tortious Liability of State/Government/Administration - Administrative Law

Introduction Tort is civil wrong. We all know that. We also know the notion of vicarious liability. It mean principal is responsible for agent's fault. It also mean that superior is responsible for action of sub ordinate. This is based on latin maxim "Qui facit per alium facet per se' and 'respondeat superior'. What we are going to discuss here is liability of government when their servants are involved in Tort. When officer during his duty cause some harm to you, can you get a compensation from government ? Or do you need to file for compensation against Officer ? Up to what extent government is responsible ? Is Government responsible everywhere (Position in England) ? We are going to answer some of these questions. The objective of this post is Meaning of Sovereign and Non sovereign function Position of Tortious liability in England Position in India Court judgements Conclusion Sovereign and Non sovereign function Sovereign functions are those for which state is...
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Offences and Penalties in Insolvency and Bankruptcy Code 2016

Introduction There are 4 main parties in Insolvency and Bankruptcy Code 2016 (Hereinafter referred as IBC). They are Debtor(Corporate or individual), Creditor (Operational or Financial),  Insolvency Professionals. They are defined here for more details. Chapter VII of Part 2 and Chapter VII of Part 3, both contains the offences and penalties by various stakeholders in Insolvency Code. In this Post we will cover the offences by Corporate Debtor Individual/Firm Creditors Insolvency Professionals Bankrupt Other Offences  Offences by Corporate Debtor and Penalties  Concealment of Property by Officer of Corporate Debtor (Section 68) Offence If Corporate debtor had done below things within previous 12 months of starting insolvency process  (Insolvency commencement date) Willfully concealed property or part of property, or debt of Rs 10000 or more Fraudulently removed property or part of property worth Rs 10000 or more Willfully concealed the documents, or destroyed the doc...
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Overview of Appeal in CrPC

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Introduction Here is the simplistic hierarchy of the Courts. (JMFC stands for Judicial Magistrate of First Class) Not so serious cases are tackled by Lower courts. Serious cases are tackled by Sessions court.  We humans are not Gods. Courts are presided by humans and its possible that they can make a mistake. They should be remedy to people when courts commits  mistake. One of such remedy is Appeals. Remember this one, you don't have right of Appeal in all the cases even if you feel Court had committed some mistake. Criminal Procedure Code gives a right to appeal in specific circumstance.  CrPC provides circumstance when you CANNOT appeal. Apart from CrPC, constitution also have certain provisions related to Appeal. Specific laws like NIA Act, UAPA Act etc have provided separate procedure of Appeal.   In this post we will cover below things When you CANNOT appeal ? Who can appeal and for What purpose ? Appeals to Sessions Court Appeals to High Court Appeals to Suprem...
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Company Law-All About Auditors (Appointment, Removal, Power, Duties and Liabilities)

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Introduction If Company is showing false profits, prepares false financial reports to show that they are financially sound who is the looser ? Investors. Lenders(Banks).You and Me. There have been many auditing scandals. Wherein companies loots money from investors and banks by preparing false reports. (Notably Enron, Lehman Brothers, and Satyam). Auditors plays a crucial rule in avoiding this. He is the person who can bring truth and fairness in reports,books and accounts prepared by Company. Companies Act 2013 provides provisions related to Auditors from Section 139 to 148. It discusses qualification, appointment, power duties and liabilities of auditors. After reading this post, you have an fair idea about Qualification of Auditors. Appointment of Auditors Removal of Auditors Power and Duties of Auditors Liabilities of Auditors  Qualification/Disqualification of Auditors Section 141 of the Companies Act provides the eligibility, qualification and disqualification of Auditors. Wh...
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Companies Act - Promoters (Positions, power, duties and liabilities)

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 Introduction  Promoters are knows as entrepreneur. They promote a business for maximization of profits. Here is one famous promoter of Kingfisher Airlines. In this part we will cover below things. Promoters and Promotions Activities of Promoter Position of Promoter Duties of Promoter Liabilities of Promoter Promoters and Promotions Who is promoter ? Vijay Mallya was promoter of Kinfisher Airlines (Which is bankrupt). A corporate promoter is a firm or person who does the preliminary work incidental to the formation of a company, including its promotion, incorporation, and flotation, and solicits people to invest money in the company, usually when it is being formed. House of Lords gave definition of promoter and promotions in judgement Whaley Bridge Co Vs Green 1897 QBD 111, where justice Bowell LJ held that Promotion is not a term of law, but of a business operations familiar to the commercial world, by which company is generally brought in to existence. Promotion include wid...
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Companies Act- Directors (Position, appointment, qualification, power, duties and liabilities)

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Introduction Great directors make great movies. For example one of the finest crime movie Gangs of Wasseypur was directed by Anurag Kashyap.       On the similar lines directors in Board of Directors play a role in Company. They can take companies to greater heights, or even can sink companies with selfish motives.   Directors are the people who overlook day to day activities and finances of the companies. They are crucial in administration of the company. They also look into optimum utilization of resources of the company.   In this post we will cover below things   Who is Director Position of Director Number of Director Appointment and Disqualification Vacancies, Removal, Resignation Power,Duties and Liabilities of Director Who is Director Who is director ? "Director is Director..!!". Section 2(13) of the Companies Act 1956 defined director as Director is any person, occupying the position of Director, by whatever name called. Modernized definition in Sec...
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