Articles
Why The Anguish Of Amber Heards Of The World Are Never Heard
A panel of experts was waiting in the BBC studio awaiting the verdict in O.J. Simpson's criminal trial. The moderator turned to a Harvard law professor and asked him what the verdict would be. "The jury always does the right thing" said the professor superciliously. The moderator probed what he meant by 'the right thing'. The professor replied confidently, "the jury will find him guilty...
Viability Of Section 74 Of Indian Contract Act In Contemporary Commercial Context
Section 74 of Indian Contract Act, 1872, principally lays down the law governing liquidated damages. Essentially it states that, parties at the time of contracting may stipulate an amount in the agreement itself, which shall become payable on the breach of contract, by the defaulting party in favour of innocent party. In case the amount stipulated in the contract is likely to be a...
Can A Registered Conveyance Deed Be Cancelled By Mutual Consent?
A typical conveyance and sale document is a complete transfer and an executed contract wherein no balance payment remains to be paid by the parties. A Conveyance Deed once executed by the Vendor, transfers all his right, title and interest in immovable property unto the Purchaser and the document itself records that the Purchaser shall use and hold the same forever and possession is...
Typosquatting- An Evil In Cyberspace
With the Advancement of technology and development of commerce in Cyberspace, transformation of Cybercrimes is also taking place. 'Typosquatting' is one of such lesser known evil in Cyberspace. Imagine a young Indian child while surfing Internet, wants to visit a website "www.indianchild.com" in order to read short inspiring stories, omitting letter "a" types...
The 'Only One Earth' And Her Legal Rights: A Paradigm Shift From Anthropocentrism To Ecocentrism
Another World Environment Day passes with a grandeur theme "Only One Earth" focusing on "Living Sustainably in Harmony with Nature". The theme and the harmony concept was celebrated across the globe , probably more in the social media at a time when reports made by the International Criminal Police Organization (INTERPOL) state that environmental crime or ecocide is the fourth...
Protection Of Traditional Knowledge Calls For A Serious Action
What is so enchanting yet difficult about the concept of Traditional Knowledge (TK)? Many decades have passed after the infamous conundrum created by so called patenting of three household products of India i.e. haldi, neem and basmati. The subject matter of TK still continues to be a much sought-after domain of research, however no dedicated law on TK is made yet. Why is it so?...
An Endeavour To Replenish The 'Green Necklace' Of The National Capital
"Never say there is nothing beautiful in the world anymore. There is always something to make you wonder in the shape of a tree, the trembling of a leaf."[1]It is often said that the legacy we leave behind in the form of selfless actions is the true meaning of life, as is to plant trees under whose shade we do not expect to sit. Anyone who has been fortunate enough to share proximity...
Arbitral Award:Power To Set Aside To Include Modify: Need To Relook NHAI Vs. M.Hakeem
Section 34 of the Arbitration and Conciliation Act, 1996 (Hereinafter "the Act") provides for recourse to a court against an arbitral award by way of an application for setting aside the Award. Does this mean that the Court is powerless to modify the arbitral award. In other words, is it that always the Court has to necessarily either set aside the arbitral award or uphold the...
Let's Glance Through The Revised National Data Governance Framework Policy
The Ministry of Electronics and Information Technology, on 25th May, 2022, released a revised Draft National Data Governance Framework Policy ("NDGFP") after strong criticism of its precursor Draft India Data Accessibility and Use Policy, 2022 which was released for consultation in February 2022 and proposed to permit the licensing and sale of public data by the Government to...
Why So Much Confusion Around The Jurisdictional Issue Under Personal Insolvency
This article analysis the issues and confusion revolving around the issue of 'Adjudicating Authority' for personal guarantor to corporate debtors and whether the Debt Recovery Tribunals have jurisdiction to entertain applications for insolvency of personal guarantors to Corporate Debtors. IBBI January-March 2022 issue of "Insolvency and Bankruptcy News" for the first time...
Jurisdiction Under Article 227 And Orders Of The National Consumer Disputes Redressal Commission ;A Snapshot
The Hon'ble Supreme Court of India has in its recent judgement in the case of Ibra tFaizan Versus Omaxe Buildhome Private Limited[1] held that the National Consumer Disputes Redressal Commission ("NCDRC") at New Delhi is a Tribunal within the meaning of Article 227 of the Constitution of India. It clarified therefore, that a Writ Petition under Article 227 can be preferred against...
Who's Waste, Is It Anyway?
The first United Nations conference on the human environment will be 50 years old in 2022. The United Nations Conference on the Environment, held in Stockholm in 1972, was the first global gathering to prioritise environmental issues. The Stockholm Declaration and Action Plan for the Human Environment, as well as many resolutions, were accepted by the participants as guiding...