Articles
The Concept Of State Immunity In India & Section 86 Of CPC
Ministry of External Affairs of India, on June 4,2021, gave permission to a French Company, Ultraconfidentiel Design Private Limited to sue Spanish Embassy in India for recovery of Rs. 7.08 lakh along with interest for services rendered by the company, under Section 86 of the Civil Procedure Code. Because of the immunity that is accorded to the embassy, Consent of the government...
Anti-Anti-Suit Injunction (AASI) A Resort To Counter Deliberate Disdain And For Judicial Comity
On 3rd May 2021, the Delhi High Court passed an interim anti-anti-suit injunction (AASI), India's first ever, in the case of Interdigital Technology Corporation and Others vs. Xiaomi Corporation (I.A. 8772/2020 in CS(COMM) 295/2020). The case was regarding the alleged use of technology of Interdigital's standard ssential patents (SEPs) by Xiaomi sans proper permission. The judgment,...
Cyber Sabotage Of Critical Infrastructure: India's Mounting Vulnerability And Scattered Policies
Cyber sabotage of critical infrastructure is a new-age threat that has exploded majorly in the last decade. As outlandish as it may sound, it is a reality that has become so intrusive that even the common-man has started feeling its heat. Unauthorised transactions from one's bank account to lengthy cyber-attack induced power outages bringing an entire metropolis to a standstill,...
Can A Non-Member Of A State Legislature Be Elected As A Minister Or Chief Minister?
The resignation of Uttarakhand Chief Minister Tirath Singh Rawat just after few months of his appointment might be politically motivated as per the critics but, the Bhartiya Janata Party and Chief Minister himself explained it as a constitutional crisis. His resignation has not created political turbulence in the state of Uttarakhand only but in West Bengal as well. Why in the State...
Concept Clarification – "Liquidated Damages"
Profit and Loss emanate from the same transaction hence, in a commercial transaction, its ostensible to increase the probabilities of profit and evade the risk of loss. The terms of contract are always drafted with this principle in mind. The concepts of 'Liquidated Damages' and 'Penalty' under the Indian Contract Act, 1872 (as per the precedents set in the judgments) and interplay...
Students As the Constitution's Vanguards
[Full Text Of Dr. Justice Dhananjaya Y Chandrachud's Speech at the event organized to celebrate 101st Birth Anniversary Of his father Justice YV Chandrachud]I am delighted to speak at today's webinar organized by the Shikshan Prasarak Mandali in memory of my father, Late Justice Y V Chandrachud, on his 101st birth anniversary. Shikshan Prasarak Mandali was an institution that was very close...
Inclusion Of Refugees And Asylum Seekers In The Vaccine Policy
India has a far-reaching experience of national immunization. In the past, vaccination drives have been conducted for a prolonged period to eliminate polio across the nation. In the same way, there is a reason to believe that the vaccination drive against the COVID-19 pandemic will also go with ease but somewhere it is faltering. The Vaccine Policy (Policy) now is limited to the...
My Leader- A Tribute
Shri S.G.Sundaraswamy was one of the most eminent lawyers and a former Advocate General of the erstwhile State of Mysore. I had the fortune to be his junior. It is a silver jubilee span of time since his passing. It is appropriate to remember and pay tribute to him. He belongs to the galaxy of the old world that is becoming increasingly rare. He was born at his maternal...
Bail Under PMLA 2002: The Post Amendment Scenario
Prevention of Money Laundering Act, 2002 [the Act] is special statute enacted with the avowed object to prevent money-laundering and deal with this serious threat to the Indian financial system. The Act provides special procedure in matters of inquiry, investigation, trial, etc. for offences under the Act. Amongst other departures from the general provisions under the Code of...
How The New Model Tenancy Act Paves The Way For Better Rental Habilitation
Union Government has approved the draft Model Tenancy Act on 02.06.2021, which comprises of uniform sets of law pertaining to tenancy which is being framed to boost the property related renting activities such as letting or taking premises on rent in the country, in order to attain it's mission i.e. 'housing for all' by the year 2022. The said Act has introduced various new elements...
Tamil Nadu's Attempt To Circumvent NEET
Lately, the State of Tamil Nadu had been mulling over on the aspects of circumventing the NEET exams to enable admissions in medical institutions. However, such an object of the State is most unlikely to succeed under the Indian constitution which proscribes a State from interfering with any subject in which the Centre has already occupied the field. The State had appointed a...
Judicial Delays: Will the Supreme Court's 'postscript' In Facebook Judgment Rock The Boat?
Enough has been said and written about the 'reforms' needed to solve the problem of huge pendency of cases that faces our judiciary at all levels. What remains elusive is implementation. The problem of pendency continues, and its enormity is increasing by the day. Even in the absence of the big-ticket reforms and despite all the constraints of manpower and infrastructure, can the system...