Articles
CCI Not In Favour Of Most-Favoured Nation Clauses: A Case For Intermediation Platforms
In the last year, the Competition Commission of India (“CCI”) came down heavily on the digital sector, with it passing orders against Google, MakeMyTrip and OYO and imposing hefty fines on them. In addition to this, the parliamentary panel in one of its reports has also proposed bringing in a Digital Competition Act, an ex-ante framework, in order to regulate the...
Battle Between “Non –Obstante Clauses”
As commercial transactions become progressively complex each passing day, interplay amongst various statues has become part and parcel of such transactions, including any litigation born out of such transactions. Parties and courts should be mindful in interpretating various laws and regulations especially in situations wherein the relevant subject matter falls into the purview...
Rethinking Marketing For Lawyers In Modern India
Lawyers enrolled in India are not permitted to market their work. It is prohibited by the Bar Council of India Rules[1] as well as the Advocates Act, 1961[2]. This ban originated in Victorian England and has remained till date. Its basis lies in Indian social construct of ethics and morals which requires abstaining from promotion of work, an aspect that used to resonate with the UK...
Supreme Court Collegium’s Landmark Reiterations Show It Is No Longer Pusillanimous
On Thursday, the Supreme Court’s three-member Collegium - comprising the Chief Justice of India, D.Y.Chandrachud and Justices Sanjay Kishan Kaul and K.M.Joseph - responsible for recommending suitable names for elevation as the High Court Judges, reiterated certain names recommended by it earlier, for elevation to various High Courts. Reiteration of a recommendation by the Collegium...
Infrequent Use of Basic Structure Doctrine By The Courts Makes Fears Of Its Critics Misplaced
The Vice President, Jagdeep Dhankhar’s address at the inauguration of the 83rd All India Conference of Presiding Officers in Jaipur on January 11 appears to have drawn more attention than it deserved because of its timing. In his address, Dhankhar referred to the ‘basic structure’ five times. First, he said that ‘the basic’ of any ‘basic structure’ has to be the...
IBC - When Does Limitation Begin To Run? Analysing SC Judgment In "V.Nagarajan vs. SKS Ispat"
V.Nagarajan vs. SKS Ispat[2] is a much-misunderstood case. The National Company Law Appellate Tribunal (NCLAT), while dealing with appeals under the Insolvency & Bankruptcy Code, 2016 (“IBC”), has been dismissing many as being barred by the statute of Limitation. NCLAT cites Nagarajan to conclude it has no power to condone delay for any period over and above 15 days after...
Interpretation Of Wills In India: A Testament Of Intentional Fallacy
Wills are not merely a legal document of division of property among beneficiaries, it is a writer’s dying declaration of love and commitment towards safeguarding the future of its beneficiaries. Freedom of testation is an emblem of personal freedom of the testator[1]; it protects the intention of the testator to choose the persons and properties it chooses to devolve...
VRK- The Legendary Icon
This is an article which I had made available in the beginning of the year 2018 to a self-proclaimed fan of Justice V. R. Krishna Iyer. But, I doubt whether this article had seen the light of the day. Hence, I am presenting this to live law. My humble endeavour in this article is to highlight a couple of observations (not much popularised) made by late Justice V. R. Krisha...
As Government Seeks A Role In The Collegium’s Process Of Recommending Potential Judges, It May Dilute Judicial Primacy
Reports in media on Monday suggest that the Union Law Minister, Kiren Rijiju has written to the Chief Justice of India, D.Y.Chandrachud suggesting that a search committee be set up to shortlist potential names for High Court and Supreme Court Judges, and such a committee could include a government nominee as well. The idea of a “search committee” or “evaluation committee”...
Nani Palkhivala and the Basic Structure
“Freedom is not something that you can inherit in your bloodstream… You have to fight for it, cherish it, preserve it all the time.” - Nani Palkhivala The evolution of the basic structure doctrine would only be complete with the phenomenon of Nani Palkhivala. Born 103 years ago to the day on the 16th of January, Palkhivala would be one of our country's...
Basic Structure - Kesavananda Returns ?
Last September I was invited by NALSAR University students to visit their campus for a talk. While they wanted scholastic content high on the jurisprudence quotient, I was in a more playful mood. So the poor organizers must have raised an eyebrow when I made a strange request. I wanted 13 chairs on the stage. The second request must have cleared the mist. I demanded that name tags be made of...