Articles
To Transfer Or Not To Transfer: Parameters Followed By The Supreme Court In Transfer Petitions
Covid-19 pandemic has witnessed quite an upsurge in the transfer petitions being filed in the Courts, particularly the Supreme Court. The overarching intent of these petitions is to avoid inconvenience, to curtail unnecessary expense and delay or to ensure a fair and impartial trial. It is probably the aspect of a fair and impartial trial that evokes maximum debate and discord. It is...
Toxic Contracts And Refund Denial Continue Despite RERA
The Real Estate (Regulation and Development) Act, 2016 (''the Act'') came into effect four years ago with noble promises and aspirations. The Act seeks to protect consumer interest and establishes an adjudicating mechanism for speedy resolution of buyer-builder disputes. At the time of coming into effect, the Act was hailed as a groundbreaking legislation that would elevate the...
Parsing The Physician's Prescription Under The Competition Law Lens
There are 1.25 Million doctors in India. The numbers prima facie indicate that the medical industry has perfect market conditions where demand and supply checks can shield against market failures. But in actuality, there is a stark difference between the bargaining power of the service provider and the consumer. Since the deliverables in this industries can be as invaluable as life...
Interpretation Of RERA By Courts
Real estate sector is one of the core sectors in the economy in terms of its contribution to GDP, employment of labor force and the multiplier effects it has on other vitals of the economy. However, despite its fundamental importance to the economy, this sector has been plagued by delays, fraud, cheating, and imbalance of power between developers and consumers. The Real Estate...
Insolvency Law in Review – May 2021
The enactment of the Insolvency and Bankruptcy Code 2016 (Code) has had significant ramifications on the corporate insolvency landscape. Over time, the Code has witnessed a manifold increase in litigation, and consequently in the number of decisions. This has made it difficult for insolvency practitioners to stay updated with developments in the field. This column fills this...
Saving The Lives Of Accident Victims In The Golden Hour
India is an unfortunate victim of a large number of road crash fatalities. As per reports, road crashes claim more than 2,00,000 lives in India out of which nearly 50% victims succumb to the injuries because they don't receive immediate medical attention within the Golden hour. We repeatedly come across instances of road mishaps where victims sustain injuries and at times, the...
Shocking Apathy: Compensation For Electrical Accidents In India
Everyday thirty Indians are killed due to electrocution. The legislature, executive, regulators and electricity supply companies have often looked the other way when it comes to devising preventive measures and formulating an adequate, clear and consistent victim compensation mechanism. Electricity Act, 2003, the complete code on electricity, substantially distanced the executive...
50 Interesting Facts In And Around Kesavananda Bharti Case
His Holiness Kesavananda Bharti Sripadagalvaru & Ors Vs. State of Kerala & Ors[1], is an event in the history of the Supreme Court which is stranger than fiction. The judgement is known as the decision that saved India's constitution and prevented India from degenerating into a totalitarian regime or a one-party Government. The majority Judgement by 7 judges of the 13 Judge...
Parliamentary Speeches And Interpretation Of The Constitution: The Maratha Reservations Judgment
A Constitution Bench of the Supreme Court recently interpreted the Constitutional amendments introduced by the Constitution (102nd Amendment) Act in the Maratha reservations case. The majority as well as the dissenting judgments referred to Parliamentary debates and ministerial statements made on the floor of Parliament during the passage of the Constitutional Amendment Bill. The majority...
Lack Of comfort In Letters Of Comfort
In banking terminology, a letter of comfort is an assurance given by the parent company for its subsidiary or affiliate company with respect to some financial obligation of the latter. Letter of comfort is generally given when the parent company (issuer) is unable or unwilling to give "guarantee" with respect to the latter's financial obligation which if given is usually binding on...
A Difficult Road Ahead For Restaurant Chains Under The FSSAI's Labelling Radar
The Food Safety and Standards Authority of India ("FSSAI") is all set to extend its labelling regime to restaurant chains operating in multiple states or having outlets at 10 or more locations from 1st January, 2022. The FSSAI has included restaurant chains under its labelling regime vide notification dated 21st August, 2020 amending the erstwhile Food Safety and Standards (Packaging...
Patriarchy In The Realm Of Cross Cultural Custody And Domestic Violence
In the past few decades, family law jurisprudence in India has compelled us to think about the entrenched patriarchy in our society specifically in the realm of custody and domestic violence. It is important to explore the current system of cross cultural child custody during a divorce or separation with reference to the contradiction in the standards of -'best interests of the child'...