Striking A Balance Between Bail And Jail

The Central as well as the State Governments have been very swift in their response to the Pandemic and have issued various advisories, directions, orders and guidelines to ensure safety and wellbeing of the citizens. The Supreme Court of India has not been too far behind in COVID activism. On March 16, 2020, IN RE: CONTAGION OF COVID 19 VIRUS IN PRISONS[1], the bench consisting of the Hon'ble Chief Justice of India Justice SA Bobde and Hon'ble Justice L Nageswar Rao directed the...

Concept Of Accord Of Sanction

Statute puts a mandate on the Prosecuting agency to acquire a Sanction order, from an Authority competent to issue the said Order, so as to initiate prosecution against Public Servants. When and how did the concept of Sanction ascended? What Change did it bring?

Why Should Legal And Policy Professionals Learn The Data Language?

Data has always informed and influenced governments and businesses in making decisions, but this is not a modern trend. This type of decision-making can be traced back to 6CE, where the Herodus Census (Quirinius) was used as a narrative means to establish the birth of Jesus in Bethlehem. Since then, tables of data have been used to make economic and military decisions. Daniel Bernoulli developed the first mathematical model—which he described as a 'new province into the body of...

The Companies (Amendment) Bill, 2020: Decriminalizing Offences Under The Companies Act, 2013

Since the advent of the Companies Act, 2013 (the "Act"), the governmental authorities in India have often adopted a proactive approach, and proposed and implemented various measures to facilitate ease of doing business for companies operating in India. An onerous vestige of its predecessor legislation which continues in the Act are criminal sanctions that can be imposed in case of minor, technical or procedural non-compliances under the Act. Therefore, with an objective to rationalise...

Disputes & Resolutions, Post Lockdown Implications – Outline On Manufacturing Industry

Covid19 lockdown in India and across the world has already caused unforeseen effects to every industry, distinctive complications and unpredicted circumstances to the businesses, the supply and demand demography, other operational impediments are at large. It is evident that the elasticity of demand and termination of contracts already reflecting on the businesses' financials. Under these circumstances, this article aims to outline the lockdown situation in manufacturing businesses and...

COVID 19 And Economic Package: A Future Enabler Or An Immediate Relief?

The announcements made on 16.05.2020, being the 4th tranche of the special economic package, will surely provide yet another feather in the cap that our Hon'ble Finance Minister, Nirmala Sitharaman, has on. The schemes and opportunities laid down in this announcement will surely go down in history. It changes our way of looking at, and approaching, the infrastructure industry. For the sake of relevance, I will be sticking to the policies provided for mining, aviation, power and viability...

Digitalisation Of Court Proceedings

The COVID-19 pandemic has made social distancing and video conferencing the new normal. This paper aims at current difficulties in adapting video conferencing as a long term method for conducting court proceedings, followed by a few suggestions. E-filing Recently the Hon'ble Supreme Court issued a Standard Operating Procedure (SOP) for E-filing and hearing through Video Conferencing. The SOP provides the link to the detailed e-filing procedure, which eliminates the need for...

Has Supreme Court Taken A Step Back In Its Recent Judgment In "Nafed Vs. Alimenta S.A."?

The Supreme Court on April 22, 2020 declared a foreign award unenforceable on the ground that one of the provisions of the Agreement in question was hit by Section 32 of the Indian Contract Act, 1872 and thus violative of public policy of India. Brief Background: NAFED and Alimenta S.A. entered into a contract dated January 12, 1980 ("first agreement") for the supply of 5,000 metric tonnes of Indian HPS groundnut ("commodity"). Clause 11 therein provided that terms and...

Preparing For UPSC With Law Optional Subject - A Definitive Guide (Part - 1)

After my previous article comparing both civil and judicial service, I got a lot of emails with regard to queries related to law optional in UPSC. This is the first part of a series of two articles and it will attempt to answer all those questions in brief. Mostly Students wanted to know the book list for UPSC law optional or non-law graduates wondering whether they should choose law optional at all in UPSC Mains? or what preparation strategy one should follow and What are the...

Initiation Of Corporate Insolvency Resolution Process [Part- I]

Adjudicating Authority: Scope Of Jurisdiction

Suggestions For Phased Restoration Of Normalcy In Subordinate Courts In Delhi

The life is precious but life without livelihood is a death knell and people may die a mental death (and not the actual death) more from economic inactivity than the disastrous disease. The perennial and pervasive closure of courts have ushered havoc on economic activities of the practicing advocates (significant and primary stakeholders) and have otherwise rendered litigants out of bounds to justice system, except in extremely urgent ma†ers during suspended functioning of the courts. The same...

COVID-19: Effect On Infrastructure Projects, A Legal Perspective

The entire world has been severely impacted by the unexpected outbreak of the COVID-19 pandemic. As the impact of this pandemic continues to expand, the infrastructure projects are facing historically significant challenges regarding financial pressure, labor shortage, hindrances in the supply chain and so on. The outbreak of COVID-19 is already disrupting the project development and finance markets in profound ways. The pandemic has created an enormous amount of uncertainty as the...