Need For Advertising Laws In India: 'The Best Product In Market'?

With the COVID-19 creating havoc in the whole world, a claim by an Indian company of finding its cure has caught everyone's attention. Patanjali Ayurved Limited, an Indian consumer company founded by yoga guru Ramdev, recently claimed to have found a 'cure' for the disease. It is claimed that the medicine called 'Coronil' has proved to be 100 percent effective during clinical trials on COVID-19 patients, except those on life support systems. The company continued advertising the drug...

The Interplay Between Muslim Women (Protection of Rights on Divorce Act), Section 125 CrPC and Family Courts Act

The Supreme Court in the Shah Bano case, inter alia held that the statutory right granted under the general law of the land i.e. Section 125 of the CrPC is applicable to all persons, irrespective of personal laws. The judgment resulted in outcry by certain fundamentalist sections of the Muslim community, which forced the then Rajiv Gandhi led government to enact the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter the MW Act). The Statement of Objects and...

Privacy And Puttaswamy For The People's Palate: Part 1 of 3

3 years ago, those fighting against governmental overreach and excessive interference in what was perceived to be individual autonomy received a shot in the arm in the form of the landmark and pathbreaking judgment in Justice(retd.) KS Puttaswamy v. Union of India("Puttaswamy"). The impact of this judgment was felt when people all across the country celebrated the partial striking down of Section 377 of the Indian Penal Code in Navtej Singh Johar v. Union of India[1]. The judgment...

[Law On Reels] The Lincoln Lawyer- An Ethical Dilemma

"I checked the list of people I trust and your name ain't on it." - Mickey Haller Based on the Novel 'The Lincoln Lawyer' by Michael Connelly, the movie tells the story of an astute criminal defence lawyer Mickey Haller (Mathew McConaughey) who very persuasively deals his every case but leaning outside the boundaries of the ethical playground. He represents drug dealers, fraudsters, murderers and other criminals with a pre-hand condition that the quality of work done and the skill he...

From "Claimed' To "Paid"- Is The Consumer Protection Act, 2019 Flawed?

The Consumer Protection Act, 2019,("2019 Act") has evidently come as a huge relief to consumers viewed from all perspectives, in particular the provisions dealing with product liability action, mediation as an alternate dispute resolution mechanism , territorial jurisdiction and enhanced pecuniary jurisdiction of the Commissions set up under the Act. However, on a deeper look into the provisions dealing with enhanced pecuniary jurisdiction, one realises that it is not just a mere...

[Violation Of National Food Security Act (NFSA)] Poor Consumers Looted For Years In Kashmir, Erring Officials To Be Booked

National Food Security Act (NFSA) or Right to Food is a people-friendly legislation targeted to benefit disadvantaged & marginalized communities of the society. Like MG-NREGA, enactment of NFSA has been a great achievement of the UPA Government. Right to Food is enshrined in the constitution, Article 47 of constitution reads : "The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary...

Deal Value Threshold In India's Data Driven Market

The much-awaited Competition law Amendment Bill 2020 was released for public comments in late February. One of the significant proposals in the Bill is that it enables the CCI and Central government to define new thresholds for merger notification by insertion of a proviso to Section 5. It enables the CCI to introduce sector-specific thresholds like deal- value thresholds. The objective behind the deal value threshold is to capture the acquisitions between the players in the digital...

Contempt- Anachronistic?

Thomas Paine said that in absolute states the king was the law; in free states the law must be, and is, the king. That is the desideratum of the rule of law which is the tribute paid by power to reason. Freedom of thought and expression including dissent is an important constitutional value which underpins a free and harmonious society. Justice Cardozo observed that freedom of speech is the matrix, the indispensible condition of nearly every other form of freedom. It is the wellspring...

'Court' vs 'Floor': Constitutional Conflicts In Rajasthan

It's a paradox in Rajasthan. MLAs are neither in assembly nor in constituencies, but in resorts. Congress asks speaker to disqualify them. Pilot does not attend CLP (Congress Legislative Party) but goes to the High Court. High Court 'requests' Speaker to wait. Speaker wanted the Supreme Court to stay the High Court's 'request'. In return gets a direction from the Supreme Court to follow High Court. Supreme Court asked High Court to go-ahead but says its order will be under their purview....

'Anti-Defection Law: Need For Reforms And A Better Interpretation Of Law To Serve The Objectives

The strength of Indian Parliamentary Democracy lies in its people's commitment towards being active participants in the electoral foray by utilizing their right to universal adult sufferage for Legislative Assemblies and Parliament, every five years. These elected representatives are forebearers of the will of the people in the House and they enact laws for the welfare of the people. In these elected members resides the spirit of the sovereign people. What bring an order and ...

Work From Home: A New Normal And A Complete Paradigm Shift To A New Culture

Continuous lockdown across the globe pursuant to outbreak of Covid-19 have compelled organisations to calibrate their business operation strategy. Establishments are now gearing up to invent efficient systems for a non-traditional alternative workplace located at home. Home based workers operating from home based offices will be a new normal. Management's attitude towards their employees will transform, work environments and culture will witness a paradigm shift. Looking at it...

The Battle Over A Day's Jail Term- The Epic Combat Between The UP Legislature And The High Court

The river Rapti runs past the town of Gorakhpur where begins our story. However, before we do so, lets travel hundreds of miles westward to another city, another river – The Thames. By the side of the Thames was the Palace of Westminster. Britain was in firmament. The tyrant King had pushed his people too much. Now even people's representatives had revolted. The King's eyes and ears brought news that the rebels had found sanctuary inside Parliament. That was the last straw for...