Law Firm Articles
Critical Thinking Course In Indian Legal Education Is A Necessity
The successful law student needs to be able to place the law in context, analyse its effects on different parts of society, apply these rules to different problems, and reflect upon the suitability of both individual laws and the law as an institution. This ability to think critically and undertake broad and deep legal analysis is important to becoming a lawyer. In law school, we often faced questions that ended with – "critically explain/evaluate/comment". The relevant dictionary...
Ramifications Of The Increased Threshold Limit Under The Insolvency And Bankruptcy Code,2016 (IBC)
“...Now because of Insolvency and Bankruptcy Code, the return of nearly Rs. 3 lakh crore into the system has been assured.” -Hon’ble Prime Minister, Shri Narendra Modi at the Republic Summit, 2019 on November 26, 2019
Reliefs And Measures For Companies And LLPs By The Ministry Of Corporate Affairs Pertaining To COVID-19 Situation
The Country is now in the third week of lockdown to fight against the globally spread WHO declared Pandemic- COVID-19, a disease the experience of which is same across the globe for each individual, industry, company. Strangely, it's a situation when the world is united which we all dreamed but unfortunately due to a disease. In order to stop the spread of the disease and at the same time to save the economic turmoil, the Government of India, as well as the judicial system of the...
Prevention Of Money Laundering Act, 2002: An Inherently Flawed Legislation?
Money laundering is a process of projection of tainted money as an untainted one. It is a process which disguises illegal profits without compromising the people who wish to benefit from the proceeds. It is the process by which the Proceeds of Crime are ploughed into the financial system to disguise their illegal origins and make them look like legitimate money. Money laundering can be linked to any crime that generates significant proceeds such as corruption, arms smuggling, smuggling of ...
Applicability Of Force Majeure And Doctrine Of Frustration During COVID-19: An Interpretation
The two viewsThe devil is, as they say, in the detailORThe day is done when we can excuse an unforeseen injustice by saying to the sufferer, 'It is your own folly. You ought not to have passed that form of words. You ought to have put in a clause to protect yourself.' We no longer credit a party with the foresight of a prophet or his lawyers with the draftsman ship of a Chalmers.The clause of force majeure must be one of the many controversial matters in the times of Covid-19. This WHO...
Think Before You Ping!
Communally colored messages and fake news items are all over social media platforms including Whatsapp and Facebook. Senior police officials across the country have already rung the warning bells cautioning strict legal action against those inciting communal feelings and spreading fake news regarding the coronavirus on social media platforms. Law in India may not have necessarily caught up with the pace of technological progress. However, the legal implications of the use of technology and...
Implications Of Supreme Court's Order Of Free Testing (And Its Modification)
The supreme court on 8.4.2020 passed an interim order in Shashank Deo Sudhi v. Union of India &Ors. directing, inter alia, that the tests relating to COVID-19, whether in approved government laboratories or approved private laboratories shall be free of cost shall be conducted free of cost. In this regard, the court directed the State to issue necessary directions immediately. In an advisory dated 17.03.2020 issued by the ICMR, the cost of screening and confirming COVID-19 was...
Right To Profess, Practise And Propagate Religion In The Time Of COVID-19
The ongoing crisis and the advent of pandemic/epidemic has also led to some very interesting and important legal issues. One such issue, which is being discussed presently is the balance between Fundamental Right of a citizen to profess, practice and propagate religion as against the right of others to have a healthy and safe environment and surroundings, and duty of the public at large to follow the mandatory directives issued by the authorities from time to time. The phrase which...
Impact Of COVID-19 On The Real Estate Sector In India
As the COVID-19 continues to disrupt vital aspects of the Indian economy, it is no alien to the already plunging real estate sector in India. The real estate sector is the largest employer after agriculture in India and accounts for 8 percent in India's overall GDP.[1] Federation of Indian Chambers of Commerce and Industry in its report Impact of COVID-19 on Indian Economy noted that the real estate sector suffered major setbacks from the economic slowdown resulting in poor housing...
A Review Of The Foreign Investment Approval Process In India
With the aim of enhancing "ease of doing business" and "promoting the principle of Maximum Governance and Minimum Government", the Government of India abolished the Foreign Investment Promotion Board ("FIPB") on May 24, 2017. In its place, the relevant administrative ministry/department in consultation with the Department for Promotion of Industry and Internal Trade ("DPIIT") are now directly responsible for processing applications for foreign direct investment ("FDI") in India in...
WHY COVID-19 Situation Has NO Implication On The Commercial Leases?
Government of India has invoked powers under the Epidemic Diseases Act, 1897 ("Epidemic Act") to enhance preparedness and containment of the novel corona virus and declared COVID-19 ('Corona Virus & Disease') a 'notified disaster' under the Disaster Management Act 2005 ("Disaster Management Act"). Accordingly, competent authority issued several measures[1] to be taken by the Government of India, State, U.T Governments for the containment of COVID-19 in the Country. One of such measure...
