Articles
India's Lost Opportunity To Recognize The Principle Of Transboundary Environmental Impact Assessment
A consistent remark in the Prime Minister's speeches has been about "New India" paving way for development and progress. However, the Ministry of Environment, Forest and Climate Change's (MoEF&CC) new draft Notification for Environmental Impact Assessment (EIA Notification 2020) has been anything but progressive. What's new in this draft notification is the inclusion of term...
Hate Speech is Not Free Speech
On 19th May 2020 a two-judge bench of the Supreme Court (SC), speaking through Justice D Y Chandrachud refused either to quash the proceedings or transfer the investigation to CBI in respect of two different FIRs registered in Maharashtra against Arnab Goswami (Petitioner) in respect of two different broadcasts made by him on 21st April and 29th April on Republic Bharat. The FIRs had...
Hindi In Haryana Courts: A Line Drawn
The State of Haryana vide notification, dated 11th May 2020, notified that 'Hindi' should be used in all Courts and Tribunals of Haryana. The State of Haryana amended section 3 of The Haryana Official Language (Amendment) Act, 1969. This Act is now called The Haryana Official Language (Amendment) Act, 2020. The Haryana cabinet earlier, in the first week of May, had approved...
Social Security In India During COVID-19
Social security is a kind of natural right recognised by legal right which recognises certain basic human right for the socially underprivileged persons which aims to ameliorate distress of those individuals and give them a sense of belongingness in the society. The ILO definition is as under: "The notion of social security adopted here covers all measures providing benefits,...
Implied Conditions And Warranties: Caveat Emptor
INTRODUCTION Contract is a transaction between the parties wherein they decide themselves the various terms or stipulations to be added or substracted from the contract. Thus similarly for the transaction qua goods among the parties which is governed by the Sale of Goods Act, 1930 (hereinafter referred as act) , they decide the various terms or stipulations to be agreed and acted...
Artificial Intelligence: A Friend Or Foe For The Legal Industry?
Artificial Intelligence (AI) is the most trending topic around the world these days,1 with multiple industries exploring their possibilities2 and its use cases emerging almost every day.3 The old and monotonous manual jobs requiring large numbers of skilled labours and workers are now can be done in just seconds with the help of computers.4 As technology advances it has paved a new...
COVID-19 Response: India Should Use The Security Exception Under The TRIPS Agreement
The devastating effect of COVID-19 pandemic is indicated by the alarming figures of the infection and related deaths. For an effective response to COVID-19, we should have affordable access to various medical products such as medicines, medical devices including diagnostic kits and personal protective equipment. These products may not be accessible or affordable in the...
Broader Implications Of The Supreme Court 's Pandurang Judgment On Co-operative Banks
In a judgment pronounced by a five judge bench in the case of Pandurang Ganpati Chaugule v. Vishwasrao Patil Murgud Sahakari Bank Limited("Pandurang"), the apex court has ruled that Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ("SARFAESI") is, in fact, applicable to Co-operative Banks. Apart from the obvious effect of opening...
Price Escalation In contracts: Legal Remedies Available To Contractors In The Absence Of Price Escalation Clause In Agreement
The legal framework on the absence of price escalation clause in contract is worth discussing and deliberating upon. A contractor who has encountered a series of problems leading to delays/latches in completion of contractual work is more often brought into this quagmire due to the fault of his employer. The employer fastens the contractor with the obligation to complete his work...
Save Our Seniors Under The Senior Citizens Act, 2007
· INTRODUCTION In the midst of the lockdown, Senior citizens across the country have been confined to their homes to tackle the spread of coronavirus with some of them having no caretakers or means to get essential supplies. To tackle this, many NGOs, social trusts and community welfare groups are doing their bits at different places to support the elderly. ...
Right To Default Bail During Lockdown
In light of the Covid-19 outbreak, the courts took an unprecedented move to address urgent matters through video conferencing. For smooth functioning of the legal hierarchy, it is crucial for the Courts to remain functional during this time of crisis. However, the appropriate measures taken up by the Courts have also raised certain legal issues and challenges to safeguard rights of...