Articles
Mandatory Display Of Food License/Registration Number On Invoice
Come 1st October 2021 Food Business Operators (FBO) to mention FSSAI license or registration number on every invoice. The Food Safety and Standards Authority of India (FSSAI) has made it mandatory for the FBO's to declare the 14-digit FSSAI License or Registration number on cash receipts/purchase invoices/cash memo /bills etc. As per the order dated 8th June 2021, FSSAI mentioned...
Right To Be Forgotten And Digital Privacy
Last month, an interim order was issued by the High Court of Delhi directing Google and IndianKanoon to remove access to a judgment from their portals. The High Court had applied the the Right to Be Forgotten ("RTBF") principles. This order, perhaps, marks the beginning for constitutional courts exercising writ jurisdiction issuing such directions. Though RTBF is well established across...
India And The Hague Evidence Convention
The Hague Convention of 18 March 1970 of 'Taking of Evidence Abroad in Civil and Commercial Matters ("The Convention") and Order 26 Rule 19 of the Code of Civil Procedure, 1908 governs the field for obtaining evidence of a witness residing in India on the basis of a request received from a Foreign Court. The High Court under Order 26 Rule 19 of the Code of Civil Procedure, 1908 may issue...
Can't A Single Bench Of High Court Issue Directions To Registry To Circulate A Judgment?
A recent verdict of a Division bench of the Madras High Court[2] is being discussed in this case comment. It has held a single judge of the High Court, while disposing off a case, cannot give directions to the Registry or the executive - State or Union - as it amount to exercise of jurisdiction of Public Interest Litigation (PIL). It has held if a judge feels that the matter...
Satish Chandra Banerji: A Sesquicentennial Tribute
Great lives spread a fragrance and an aura that outlive their mortal sojourn. It is for us to remember and pay tribute to such persons. One such person is Dr. Satish Chandra Banerji whose 150th birth anniversary falls on June 20. His accomplishments were great and his character not only noble but also very amiable and pure unsullied by any stain. His personality was not distinguished by...
Scope of Section 11 (6) of the Arbitration and Conciliation Act, 1996
Arbitration xUnder the Arbitration and Conciliation Act, 1996, the two guiding principles in appointment of arbitrator(s) are party autonomy and minimal court interference. Nonetheless, there are instances like Oyo Hotels and Homes Pvt. Ltd. vs. Rajan Tewari & Anr. where courts have initiated arbitral proceedings by intervention. S. 11(6) of the Arbitration and Conciliation Act lays down a mechanism for judicial appointment of an arbitrator. It contemplates 3 scenarios wherein...
National Awards: Legally And Historically Speaking
The History of Award-CultureIn Ancient and Medieval times the Kings and Monarchs conferred titles and granted awards to recognise merit in the fields of Art, Science and Literature. Conferring titles and awards has always been part of "Royal Prerogatives" of the King on any citizen with a rank and title which carries with it the title a social status, monetary rewards and most...
Copyright Law &Museum Industry
Copyright Law and the Museum industry may sound like an odd fit. But in truth, they are intricately linked in their purpose and the object, which is essentially to promote and encourage the progress of Science and art in order to constantly maintain the value and heritage attached to certain works. Museums have been defined by the Institute of Museum and Library Sciences...
Formation of the Committee Of Creditors under the Insolvency and Bankruptcy Code: A Visible Collusion
The Insolvency and Bankruptcy Code, with the primary motive of rehabilitation of financially distressed corporates, came into force with effect from 1st December 2016. The National Company Law Tribunal was constituted through a notification dated 1.06.2016 to pursue the afore goals. The Code empowered Insolvency Professionals and Committee of Creditors to exercise the most vital functions...
Ignorance Of Law In India: An Urgent Need To Fight Legal Illiteracy
The notion of Legal literacy is based on the principle that every individual must be aware of their rights and obligations. The maxim 'ignorantia juris non-excusat,' or 'ignorance of the law is no excuse,' implies that the Court presumes that every party is aware of the law and hence cannot claim ignorance of the law as a defence to escape liability. This Latin maxim and its wide...
An Overview Of The IBC's Precedence Over Actions Under Allied Laws
Insolvency & Bankruptcy Code, 2016 intends to provide a comprehensive approach to maximize assets and provide a remedy to the operational, financial creditors and corporate debtors within a specific timeline. Even in difficult times due to the Covid -19 pandemic, the Code envisages the market economy to mature through National Company Law Tribunals. However, the tribunals...
Do Hand Sanitizers Require A Drug License To Be Sold In Stores?
"Written laws are like spider's webs; they will catch, it is true, the weak and poor, but would be torn in pieces by the rich and powerful"Although written laws may be like spider's webs, which may catch the weak and poor, it would actually be torn in pieces by the vicious and the guileful. Time and again, amidst the covid-19 mayhem, which engendered a global...