Most jurists draw distinction between ‘direct application’ of treaties in domestic law, and national legal systems that mandate and require ‘act of transformation’ for an international treaty to apply and be a part of domestic law; ‘direct application’ means and mandates that the treaty norms, either wholly or to some extent, are directly treated as […]Read more "Act of Transformation"
“The maxim is quite well-known. The rule flowing from the maxim ‘generalia specialibus non derogant’ has been i) considered in Hari Shankar Jain, (1978) 4 SCC 16 and ii) explained in Mary Seward v. Owner of “Vera Cruz”, (1884) 10 AC 59, 68. “Where there are general words in a later legislation capable of reasonable […]Read more "Generalia Specialibus Non Derogant"
“Different situations can arise in the interplay between The Companies Act, 1956 and The Sick Industrial Companies (Special Provisions) Act, 1985 [for instance, in the matter of winding up of a company: i) where winding up proceedings are pending, but no order of winding up has been passed against the company, and a reference is […]Read more "SC Resolves Conflict Between SICA & Companies Act"
Interesting questions on the interplay between The Sick Industrial Companies (Special Provisions) Act, 1985 and The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 have been answered in Madras Petrochem Ltd. v. BIFR, [Civil Appeal Nos. 614-615 of 2016] by Hon’ble Justice R.F. Nariman. My Lord, Is it true that […]Read more "SC Resolves Conflict Between SICA & SARFAESI Act"
“It saddens us to see the manner in which the decision in the case of Harshad Govardhan Sondagar, (2014) 6 SCC 1 has been misinterpreted. Random sentences have been picked up from the Judgment and used, without any attempt to understand the true purport of the Judgment in its entirety. It is a well settled […]Read more "SC Resolves Conflict Between SARFAESI Act & Rent Control Act"