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When traveling via roads, we often look for cues to tell us where we are going.
A sign every now and then telling us exactly where we are, and which directions lead to a particular destination.
Imagine the colossal time it would take if none of the roads had any signposts, and neither did any maps.
It would be impossible to travel anywhere. The same logic also applies to academic papers.
When writing, we want to tell our readers exactly what to expect.
Academic papers are different from works of fiction.
We like having spoilers in the former. It is a good writing practice.
So, what is signposting in writing and how do we make use of them efficiently? Well,
there are four types of signposts- thesis statements, paragraphs, topic sentences,
and transitions. The thesis statement helps set out our conclusion for each issue
and sub-issue Paragraphs are meant for discussing one idea or sub-issue. They are
a group of sentences relating to those discrete ideas. A topic sentence summarizes
our stance on that issue. We use a topic sentence to give our paragraph a direction
and define its purpose. Now, these paragraphs might discuss different ideas.
To connect these ideas and establish a flow, we make use of transitions. They
show the relationship between these different ideas.
Therefore, by using these signposts we can convey our ideas efficiently to our readers.
It is important to remember that writing also is a form of communication. While
these concepts may be clear in our heads as writers who have engaged and worked
upon them for long, they might not be as evident to our readers. Hence, using
signposts helps our readers navigate smoothly through our papers.
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Pioneer Urban Land & Infrastructure Ltd. Vs. Union of India & Ors. (AIR 2019 SC 4055)
By Ms. Heemanshi Sen
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The changing facets of creditors from secured and
unsecured creditors to financial creditors, operational creditors
and other creditors under the Insolvency and Bankruptcy Code, 2016
(the Code) have created a long debate on the position of Homebuyers
or the allottees of the different Real estate projects.
In 2018, an amendment was made to the Code, wherein the definition of Financial
Creditors under section 5(8) was made to include Homebuyers. In the case of
Pioneer Urban Land, the constitutionality of the amendment was challenged majorly
on two grounds:
a. Inclusion of Homebuyers/allotees as Financial Creditor is against Article 14 and 19(1)(g)
read with article 19(6) and article 300A of the Constitution.
b. The Remedies provided to homebuyers, in RERA 2016 and Consumer Protection Act, 1986 is overlapping
and inconsistent to the remedies provided under Code, 2016. It was also stated that RERA,
2016 is a special act dealing with the Real estate disputes in India and in case of any
dispute regarding the same, special legislature should be given preference over general
legislature.
The Court while upholding the constitutional validity of the 2018 amendment, held that the Real
estate projects are majorly funded by the money received through allotment of the flats/
homes or the purchase/ investment made by different home buyers. So, the amount received
by them has an effect of commercial borrowing on corporate debtor. Also, at the time of
allotment, homebuyers comparatively tend to pay lower prices against the appraised value
of flat/ home that they receive after the completion of the real estate project, with a
view to include them under the ambit of "time value of money" as per section 5(8) of the
Code, 2016.
The court also held that remedies available under the Code are alternative or additional remedies to
the homebuyers or allottees. Thus, there needs to be a harmonious construction between the
provisions of the RERA 2016, Consumer Protection Act 1986 and the Code, 2016.
The Code and RERA operate in completely different spheres. The Code deals with
a proceeding in rem, wherein the focus is the rehabilitation of the corporate
debtor by means of a resolution plan, so that the corporate debtor may be pulled
out of the woods and continue as a going concern, thus benefitting all the stakeholders
involved. On the other hand, RERA protects the interests of the individual investor in real
estate projects by requiring the promoter to strictly adhere to its provisions.
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Climate Change Litigation: A Constitutional Law Perspective
By Shambhavi Thakur
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Climate change litigants often rely on constitutional law to have a definite
and effective claim against government bodies. There is a rise in instances
where people and activist groups have approached the courts to hold their
governments accountable for mitigating and adapting to the effects of climate
change.
In the case of Urgenda Foundation v. The State of Netherlands (2015),
the court accepted the claims raised by hundreds of citizens and the
Urgenda foundation that the Dutch Government has a constitutional duty
to protect its citizens from climate change.
In the same year, US witnessed a highly publicized case brought on by 21 young
citizens against the US government and governmental bodies, Juliana v. United
States of America (2015). The Plaintiffs in this ongoing case have argued that
the US government has failed to protect the right to life, liberty, and property
of the young people by promoting and subsidizing the use of fossil fuels despite
knowing the effects of their continuous use. These cases have inspired similar
lawsuits in other jurisdictions as well.
In India, environmentalists like M.C. Mehta have paved the way for climate change
litigation and an overall awakening of the environmental conscience in the Indian
populace. By way of public interest litigation, the Indian judiciary has given
some landmark rulings on environmental protection. Through several judgements,
the Indian Supreme Court has declared the right to a healthy environment as a
fundamental right guaranteed under Article 21 of the Indian constitution.
It has, furthermore, also elucidated the importance of sustainable development
and intergenerational equity. While these do not directly address climate
change, they do deal with the ancillary concerns and the driving factors
surrounding climate change.
While our changing climate will require more than court cases,
these instances, if allowed, can help mobilize environmentally conscious
citizens of earth.
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Strange laws
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When in Rome, Don't Keep a Goldfish in a Bowl! |
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In Rome, keeping a goldfish in a bowl is banned. Keeping fish as a captive
solely for one's pleasure amounts to animal cruelty. If you are caught holding one hostage,
you can be fined.
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Harish Salve QC
By Rishabh Bhandari
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Harish Salve is an erudite lawyer with a world-wide reputation for
international commercial arbitration and litigation. He is one of
the world's leading arbitration counsels and his practice includes
public international law, human rights, civil fraud, public, energy
and tax.
Harish was appointed as a Queen's Counsel in 2020 and is
admitted to the Bar in England & Wales. He has been a Solicitor
General of India and is a Senior Advocate at the Indian Bar since
1992, practicing largely in the Supreme Court of India. In 2015,
he was awarded the third Highest Civilian Award in India, the
Padma Bhushan.
He is a member of the Singapore International Commercial Courts
Committee appointed by the Singapore Government, a member of the
Court of Arbitration of the Singapore International Arbitration
Centre, a member of the London Court of International Arbitration
and a member of the Permanent Court of International Arbitration
(nominated by India).
In 1996, he was appointed as an amicus curia by the Supreme Court of
India in the case relating to the enforcement of the Forest
Protection Act 1980, which is an ongoing case. In the same year,
he was also appointed as an amicus curia by the Supreme Court of
India in a case dealing with the air pollution in Delhi. And it
is due to the orders of the Supreme Court of India made in this
case that the bus fleet in Delhi stands converted to CNG. He was
also appointed as an amicus curia by the Supreme Court of India
in a Public Interest Litigation seeking directions for proper
investigation of riot cases in Gujarat arising out of the riots
in 2002.
In a very famous case, the former Solicitor General represented India
at the International Court of Justice (ICJ) and emerged victorious
against Pakistan. The Senior Advocate busted Pakistan's judicial
shambles at the global stage as he secured a win for India at the
ICJ which set aside Pakistan's kangaroo military court's death
sentence awarded to Kulbhushan Jadhav in 2017.
In 2020, the wife of a retired Army officer had appeared before the
Supreme Court as a petitioner and pleaded for the appointment of an
Amicus curiae citing that she didn't have money for a lawyer. She
requested specifically for Senior Advocate Harish Salve, and in
response, Harish Salve agreed to appear for the petitioner not as an
Amicus, but as a lawyer. When the Chief Justice of India asked Harish
Salve about it, he responded by saying, "I will appear as the lawyer.
Not amicus. Don't worry about the fee. It's pro bono." This dialogue reflects the altruism possessed by our stalwart.
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News & Events
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