Law School Articles
The Draft Model Tenancy Act, 2020
The Ministry of Housing and Urban Affairs ("Ministry") has prepared a Draft Model Tenancy Act, 2020[1] ("MTA") with the objective of balancing the interests and rights of landlords and tenants and to create a more efficient and transparent system for renting premises, both residential and commercial barring those for industrial use. According to a background note[2] issued by the Ministry in respect of the MTA, the Government wishes to promote the growth of the rental market by creating a...
Constitutionality Of Narco-Test
The debate around the Deception detection tests in India sparked when on the night of Friday, 2 October, the Uttar Pradesh government issued a press note wanting narco-test of family of the victim in hathras rape incident. So, this article will focus in detail about the deception detection tests like polygraph, narco-analysis test, and their constitutional validity along with its criticisms.
Custodial Torture And Deaths: The Dark Side Of Indian Police
The deaths of Jayaraj and Bennix at Santhankulam in Tuticorin, Tamil Nadu due to torture in police custody has once again brought into light the ugly side of the methods used by the India's police authorities. Custodial violence and torture are so rampant in India that it has almost become routine. It represents the worst form of excesses by public servants entrusted with the duty of law enforcement.[1] The latest incident of Jayaraj and Bennix is just one drop in the enormous sea of cases of...
Residential Fees For Schools And Colleges – Whether Payable During Pandemic?
Covid-19 has had a significant impact on society. Besides causing loss of life in large numbers, it has had a devastating effect on the economy. The Government has issued various notifications under the Disaster Management Act, 2005to mitigate loss of life due to the virus. One of the decisions taken by the Government for mitigation of loss of life has been the imposition of a lockdown throughout the country. All educational institutions have been closed during the lockdown and continue...
BCI Direction To Conduct End Semester Examination : A Constitutional Scrutiny
The Bar Council of India vide its communication dated 27th May, 2020 (bearing letter No.BCI:D:1401/2020) read with the Press Release Dated 09.06.2020 has directed the Law Universities to conduct examination for the final semester students in online mode or alternatively through any other appropriate method and for the intermediate semester students after reopening of colleges/universities. This move by the Bar Council of India has raised certain significant concern about the possible ...
Addressing Ground Reality & Busting Myths Of Mediation
Whilst the fate of litigations is prima facie due to the several stages involved in a case proceeding, there has been a considerable focus upon the several mechanisms available under the framework of Alternative Dispute Resolution (hereinafter "ADR"). Pertinently, there has been a constant cloud over the fundamentals involved in the ADR mechanisms. With a fairly acceptable statutory framework prescribed for Arbitration & Conciliation in India, there has been a constant legal vacuum in...
Towards A Legal Framework To Tackle Fake News
"We are not just fighting an epidemic; we are fighting an infodemic. Fake news spreads faster and more easily than this virus, and is just as dangerous" remarked Adhanom Ghebreyesus, Director-General, World Health Organisation (WHO), while expressing his concern over the menace of fake news amid the global COVID-19 crisis. COVID-19 is not the only thing that has gone "viral" in the first quarter of 2020; with it has also spread the menace of fake news in India, perhaps faster than...
Moving Beyond Force Majeure Under Contracts: What Happens To Obligations Under Other Statutes?
In this time of panic created by the coronavirus, there have been many discussions about the virus constituting a force majeure under contracts. According to the Black's Law Dictionary, force majeure is defined as "An event or effect that can be neither anticipated nor controlled." This clause excuses the parties from performing their obligations under the contract if the impossibility of performance arises due to a force majeure. However, this force majeure clause will only protect the...
Execution Of Foreign Decree : Discussing Section 13 Of Code Of Civil Procedure
I. Introduction The lack of concrete jurisprudence regulating the execution and enforcement of a foreign decree in India has created an intractable lacuna in the manner in which Private International Law is dealt with by the Indian Courts. This is even more so in light of conflicting judgments of these Courts, which have time and again attempted to define the scope of enforcing such decrees in India. One of the many necessary implications of such conflicting...
Arbitration And Conciliation Act, 1996: Takeaways From The 10 Recent Important Judgments Of Supreme Court
Arbitration is now the principal method of resolving international disputes involving states, individuals, and corporations. This is one of the consequences of the increased globalisation of world trade and investment. It has resulted in increasingly harmonised arbitration practices by specialised international arbitration practitioners who speak a common procedural language. (Redfern and Hunter on International Arbitration, USA 2015). The Arbitration and Conciliation Act, 1996, has...
Mergers: A Travesty Of Justice
The Tenth Schedule to the Constitution of India, otherwise popularly referred to as the 'Anti-Defection Law' was inserted by the fifty-second amendment to the Constitution in the year 1985. Paragraph 2 of the Tenth Schedule lays down certain acts which would amount to defection and attract disqualification from the House; primarily voluntarily giving up of membership and voting (or abstaining to vote) contrary to the wishes of the party. Paragraph 3 of the Tenth Schedule, prior to its...
A Debate Drifting Off-Course? Analysing The Narratives Against The Citizenship Amendment Act, 2019
The Citizenship Amendment Act, 2019 (CAA) amended the Citizenship Act, 1955 to provide fast-tracked citizenship to Hindus, Christians, Jains, Sikhs, Parsis and Buddhists fleeing religious persecution from Pakistan, Afghanistan and Bangladesh. The list of religions is conspicuous for the exclusion of Muslims from the list. As this law draws a distinction between persons based on religion, it has evoked passionate protests and debates across the nation. While many of the arguments based on...