Articles
A Personal Guarantor's Pandemic: IBC Suspension And Its Repercussions
On 25 March 2020, in light of the COVID-19 pandemic currently plaguing the world, the Central Government, through the Ministry of Home Affairs, had to take the harsh step of imposing a nationwide lockdown, which has been supplemented by periodic extensions. As a result of the unprecedented impact of this measure on businesses, and to aid the plunging economic scenario in the country,...
Unravelling The Landlord-Tenant Disputes In Times Of Covid-19
The world seems to be beholding an aberrant situation, the effect whereof is not only glaringly visible in economic, political and organizational fronts but also had left a deep impact on our interpersonal and social relations. The economic impact of the COVID-19 pandemic in India has been quite disturbing. The World Bank and credit rating agencies have downgraded India's growth...
East Punjab Urban Rent Restriction Act 1949 – Evolution
As the word Rent suggests it can easily be construed that any Rent Law is a law that is used as a tool to control and regulate the relationship and also adjudicate the disputes arising between the landlord and tenant. The historical background of the rent legislation in the erstwhile State of Punjab relates back to the time of Second World War, which started in the year 1939,...
COVID-19 A Force Majeure Event- Threshold Of A New Jurisprudence
The outbreak of Covid-19 virus has confronted the world with an unprecedented situation where the economic and commercial activities across the globe have been significantly disrupted. As a consequence of the said disruption, the performance of countless contracts shall inevitably be delayed, disrupted or rendered impossible. The present situation is likely to lead to significant...
A Comic Tale Of The Gown
Intimidating for some, penguinesque for others. Stuffy for the ones wearing it when the weather application tells us we are being slow roasted. For High Courts and the Supreme Court in India, like in many other countries, the lawyers' and judges' dress code consists of white (more or less) clothing topped with a white band, a black coat and a black gown (the last two turn a bit swanky...
The Supreme Court Is In the Thrall Of The Government
A month ago, on April 27, a bench of the Supreme Court testily informed activist-lawyer Prashant Bhushan that "this institution is not a hostage to the government".And undoubtedly right they were. The Supreme Court of India has for almost four decades been recognised globally as extraordinarily influential and powerful, its verdicts keenly read and commented upon by legal scholars and...
Confusion On Consortium: Constitution Bench Decision Of Pranay Sethi Requires A Revisit
Right from the time when Motor Vehicles Act, 1988 ("Act") was enacted, the Motor Accident Claims Tribunal (MACT) have been struggling to adopt a rather standardised method of calculating compensation which is both just and fair. Over the years Hon'ble Supreme Court has made various attempts to draw a yard stick for calculating the compensation, latest in the line being 5 Judges...
Supreme Court Clears The Air On The Section 13(2) Of The Consumer Protection Act As Being Mandatory Or Directory
A Constitution Bench of the Supreme Court recently in the case of New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage Pvt. Ltd. MANU/SC/0272/2020 held that the time period to file the reply within forty five (30 days or such extended period, not exceeding 15 days) under Section 13 (2) of the Consumer Protection Act, 1986 (Act) is mandatory and there cannot be...
Supreme Court's Web Access For The Litigant, Lawyer And The Judge With Disability?
The Rights of Persons with Disabilities Act came into force on 19th April 2017. It was perceived as a landmark legislation keeping in mind the progressive shift it brought in the approach towards and the overall gamut of rights for persons with disabilities in India. The law essentially looked at and spoke of persons with disabilities as equal participants in public life, who...
Law As The Shapeshifting Demon : What The Arrest Of 'Pinjra Tod' Activists Signals
New lines are being drawn on the Map of India. New categories of classification are being inserted in Art. 14 and Art. 15 of the Indian Constitution, albeit silently but ironically in broad daylight. Shapeshifting, a common theme in mythology and folklore, is the ability of a creature to 'shapeshift', and acquire full body transformation, enabling it to trick, deceive, hunt...
Retrospective Applicability Of Provisions Relating To Bail Under The Companies Act, 2013
The Companies Act, 1956 (the "1956 Act") was repealed by the Companies Act, 2013 (the "2013 Act"). Section 1(3) of the 2013 Act states that different provisions of the 2013 Act shall come into force on such dates as the government may so specify by issuing a notification in the official gazette. Section 212(6) of the 2013 Act was notified in the gazette on 26.03.2014. Section...
Supreme Court And Restoration Of 4G In Kashmir: A Disappointment
The Supreme Court of India (SC) on 11th May 2020 refused to restore 4G internet services in the Union Territory of Jammu and Kashmir (UT). The order came in response to a petition filed to quash orders restricting internet services to 2G in the UT. The SC vide its judgment in Anuradha Bhasin v Union of India had directed the UT to timely review the internet shutdown order. Accordingly,...