COVID-19: Coping With The Pandemic And The Changing Regulatory Regime In India

The outbreak of the coronavirus disease 2019 (COVID-19) pandemic has caused widespread disruption of businesses and daily life. As governments across the world struggle to contain the pandemic, a number of measures are being implemented aimed at minimizing its spread. In India, such measures are increasingly taking the form of mandatory social distancing through the imposition of a series of restrictions. As the situation evolves, the requirement for further restrictions is being constantly...

Extradition In The Time Of Pandemic

As defined by The Hon'ble Supreme Court of India, 'Extradition is the delivery on the part of one State to another of those whom it is desired to deal with for crimes of which they have been accused or convicted and are justifiable in the Courts of the other State'[1]. An Extradition request for an accused can be initiated in the case of an under-investigation, under-trial and convicted criminals. In cases under investigation, abundant precautions have to be exercised by the law...

Interest Liability On Delayed Payment Of GST

Section 50 of the CGST Act provides for interest on delayed payment of Goods and Services Tax. Section 50(1) of the CGST reads as, "Every person who is liable to pay tax in accordance with the provisions of this Act or the rules made thereunder but fails to pay the tax or any part thereof to the Government within the period prescribed, shall for the period for which the tax or any part thereof remains unpaid, pay, on his own, interest at such rate, not exceeding eighteen per cent., as...

Slum Redevelopment- Brief Overview

India is on an accelerated path of urbanisation and several Indian cities face the challenge of housing their growing population, especially the urban poor. Much of the population is forced to live in slum settlements, especially in large cities like Mumbai.As per a 2011 study, 62% of Mumbai's population lives in slums. In fact, the largest slum in Asia, Dharavi is in Mumbai. Several massive slum clusters are also found in the suburbs. In order to combat this, the State of Maharashtra enacted...

Limitation Period For Applications Under Section 8 Of The Arbitration Act: How Late Is Too Late?

Arbitration is hailed as one of the most preferred modes of dispute resolution, primarily in expectance of a speedy resolution of disputes. The amendments to the Arbitration and Conciliation Act, 1996 (Arbitration Act) in recent years have therefore inched towards constructing stricter timelines for completion of arbitral proceedings. The Delhi High Court (Court) in SSIPL Lifestyle Pvt. Ltd. v. Vama Apparels (India) Private Ltd. & Anr.[1] (SSIPL) has discussed an amendment introduced...

Perpetuating The Inequality: The Dichotomy Of Our Society

Thoughts on International Women's Day

Empowering Legal Rights Every Indian Woman Should Be Aware Of!

Newspapers and media are often seen quoting terms like women empowerment, gender equality, and women's rights that call out unanimously to the modern, educated, and a liberated class of female folks that belong to the rapidly changing 21st century. Yet, this transformation on the flip side has severe pitfalls and cracks, notwithstanding the rapid liberation of women, especially in urban areas. Every other day, we come across cases of violence against women, harassment and molestation...

Delhi HC Stays NPPA Notice Against Glenmark To Afford An Opportunity Of Hearing [Read Order]

Recently Delhi High Court dealt with the issue involving whether National Pharmaceutical Pricing Authority has the power under the Drug Price Control Order, 2013 to enjoin a pharmaceutical company to seek an exemption order qua a new drug from price control for a period of five years from the date of manufacturing. The drug in question was "Remo M" and "RemoZen M" of Glenmark Pharmaceutical Ltd which was approved by Drug Controller General of India as a "new drug" in 2019. The said new drug...

Seat V/S Venue Debate: Supreme Court Reiterates The BALCO Position

There have been several sweeping developments in the law of arbitration in India, through judicial pronouncements in 2019. Indian courts have moved back and forth; at times even reviving old legal positions to restore and reiterate the core objectives of arbitration. We have seen one such instance in the recent past. The Hon'ble Supreme Court passed a remarkable judgment in the case of BGS SGS Soma JV v. NHPC Ltd.[1] [BSS JV] which will bear a significant impact on the law of...

Arbitrability Of Competition Disputes In The Indian Context

The Competition Act, 2002 seeks to prevent enterprises from engaging in abusive practices that are detrimental to fair competition and thereby promote consumer welfare in the economic market. The Act brings an element of substantial public interest within its ambit. And when it comes to punishing the violators certain penal sanctions are laid down which makes the arbitrability of the competition law dispute quite doubtful in the present scenario. This article shall provide that whether...

Companies Act 2013: Time To Reboot?

The Finance Minister of India has one of the least enviable jobs in the country at the moment. With GDP growth on the decline and other macro-economic indicators not suggesting a quick recovery, Ms. Sitharaman has her task cut out. She is set to present the Union Budget for 2020 which is likely to face close scrutiny and will indicate the approach that the Modi government proposes to take to address the current, rather stubborn, economic downturn. While the economy has been the...

What Makes MMT-GO Dominant But Not OYO In Cases Of Competition On The Online Platform?

What would it take for the CCI to arrive at sound conclusions in cases of competition on the online platform? When the budget hotels were affected by the conduct of both OYO and MMT charging exorbitant commission, why did CCI not consider this to be an important parameter to assess abuse of dominance in both cases against MMT-Go and OYO?