Extinguishment of the Additional Claim Out of Resolution Plan Post Its Approval

ABSTRACT The insertion of the Insolvency Bankruptcy Code (IBC) has opened floodgates for petitions raising their claims after the approval of the resolution plan. The amended Ordinance of 2018 provides rehabilitation of the corporate person by transforming into a new avatar. The statute enhances a very sceptical view of the vicious claim of debts even after the Resolution Plan has been approved by the Adjudicating Officers. The legislators thoroughly aim at interpreting a concrete understanding of the code by providing a satisfactory settlement of those outstanding claims.  In spite of…

POLICE REFORMS IN INDIA

INTRODUCTION Law enforcement institutions are entrusted with a various set of tasks requiring a high degree of integrity within police agencies and their oversight. Where this doesn’t function well, enforcement officers may become susceptible to acting unlawfully and out of doors their remit. The mechanisms established by States to guard people’s rights, establish and maintain order and guarantee stability and security are usually mentioned collectively because the security sector is a crucial actor within the security sector is that the police, whose functions, as a minimum, are Prevention and detection…

CRITICAL STUDY OF COMPETITION LAW WITH REFERENCE TO PATENTING AND TRADE SECRET IN PHARMACEUTICAL PRODUCTS

Author: B. Lekshmi, 3rd Year, BBA LL.B (H), Government Law College, Thrissur INTRODUCTION Due to the introduction of Liberalization, Privatization and Globalization, India changed its economic policies which included the opening of Indian market in the global market. This was largely influenced in the markets of India as well as legislation as new developments came with the new economic policies. India enacted the Patent (Amendment) Act in 2005 replacing the Monopolies and Restrictive Trade Practices (MRTP) which could not fulfill the new requirements. These changes in the legislations were viewed…

TORTIOUS LIABILITY OF COMPANIES: JURISPRUDENTIAL ISSUES

Author: Vrinda Bhandarkar, 4th year SDM Law College, Mangalore INTRODUCTION Winfield opined that tortious liability arises from a breach of duty which is primarily fixed by law and is redressable by an action for unliquidated damages.[1] In the course of business, companies commit several forms of torts such as passing off, misrepresentation, fraud and negligence. Therefore, attaching liability for tortious acts becomes essential, but is made complicated due to the complex structural intricacies that are abundant in large corporations. In such cases, meticulous analysis of each case through a judicial…

ROLE OF IPR IN FASHION INDUSTRY

Author: Simran, 4th Year, B.A LL.B, SDM Law College, Mangalore INTRODUCTION The French Sociologist Pierre Bourdiew quotes  “ the latest fashion, the latest difference” in his Haute Couture & Haute Culture”(1993) work. The term Fashion is a popular artistic expression at the existing time. Fashion has always been a part of our life. Fashion Industry has been rapidly growing globally. This article discusses the connection of fashion and law, protection of fashion houses and designs under intellectual property rights and other acts, comparison between Indian intellectual property rights acts with…

Comparison of Competition Law Regimes of Other Countries to That of India

Author: Merry Bernard Ollukaran, 4th Year, BBA LLB(H), AIM Law College, Thrissur Introduction Competition law is the body of legislation intended to prevent market distortion caused by anti-competitive practices on the part of businesses. It thus enables the integration of the Internal Market, the protection of consumers, protection of the competitors, freedom of competition and economic efficiency. Competition Law focus on to control monopolistic, unfair and restrictive trade practices by producing a set of policies that amplify competition or competitive outcomes in the markets. This article analyzes the concept and…

ROLE OF IPR IN MUSIC INDUSTRY

Author: Manjima, 4th year, B.A LL.B, SDM Law College, Mangalore INTRODUCTION Music has the power to bring people together, regardless of the barriers. People from different cultural backgrounds perform together and music is heard and enjoyed by them no matter the language or any other cultural barrier. Music helps in shaping cultures of the people. In this article, the role of IPR in the music industry is explained. The works of Artists are protected by copyright, Trademarks, Patent laws and what is the need for IPR in the music industry.…

COMPETITION LAW – A TRANSNATIONAL PERSPECTIVE

Author: Vrinda Bhandarkar, 4th Year BBA LL.B, SDM Law College, Managalore Introduction In the arena of Commerce, competition is considered to be a rivalry between businesses with the aim of accomplishing superiority through development of a greater customer base over a period of time. As commerce itself is all pervasive, competition too has permeated both domestic and international spheres with the intention of upholding consumer interests and welfare. Consequently, certain similarities and overlapping in substantive and procedural aspects on an international level is inevitable. Therefore, the significance and necessity of…

The Prohibition of Unlawful Conversion of Religion Ordinance, 2020

Author:- Yamya Pandey, BA.LLB, 3rd Year, New Law College, Bharati Vidyapeeth Deemed to be University, Pune The ‘Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance’, 2020, got it’s green signal by the State Cabinet and got promulgated on November 27, 2020 by the Governor Ms. Anandiben Patel. The ordinance includes that any marriage which is done with the only motive of “unlawful conversion or vice-versa” by man of a particular religion with a woman of some other religion, “either by converting himself/herself before or after marriage, or by converting…

Critical Analysis of Farm Bill, 2020

Author:- Vrinda Bhandarkar, BBA.LLB, 4th Year, SDM Law College, Mangalore INTRODUCTION In the present time of abundant disarray of the legislative and social fabric of the country, the three farm bills on agriculture reforms namely The Farmer’s Produce Trade and Commerce ( Promotion and Facilitation) Bill, The Farmer’s (Empowerment and Protection Bill) Agreement of Price Assurance and Farm Services Bill and The Essential Commodities ( Amendment)  Bill have been a subject of great chaos across the nation. Consequently, division of perspectives, political undertones and unbridled distortion by the media has…