Price Regulation (Or Lack Thereof) Of N-95 Masks

The onset of the COVID 19 pandemic has brought into focus face masks and hand sanitizers, which can be considered to be the first line of defense against the virus. Enough and more emphasis has been laid on the use of masks and hand sanitizers. From the World Health Organization ('WHO'), to countries around the world, including India, have actively promoted the use and benefits of N95 masks and hand sanitizers in the battle against the virus. It is in fact mandatory to wear masks while...

Fate Of Unpaid Tax Liability Under The Insolvency And Bankruptcy Code

I. Introduction Taxation disputes and recovery of taxes from companies is one of the most litigated subjects in the country. Often times, outstanding tax liabilities constitute a major portion of the liabilities of a company and can lead to its sickness. The revival and/or liquidation of such a company would depend on how tax liabilities are dealt with in the resolution process. Therefore, a wholesome understanding of the fate of tax liability under the Insolvency and...

59 Chinese Apps Banned; India Treads On The Territory Of Potential Investment Treaty Claims

Introduction The Galwan valley clash triggered a strong anti-china sentiment in India. What ensued is a series of improbable steps ranging from the Atmanirbhar initiative to the latest PIB release dated June 29, 2020 banning 59 Chinese apps. The later assumes utmost significance in light of the Bilateral Investment Treaty (BITs) that India and China entered into in the year 2007. Though the treaty stands terminated as on 3/10/18 what still deserves attention is the "Survival or Sunset...

Encounter Culture Defeats The Rule of Law

As a citizen of Indian Republic, we all know what an encounter means in India? It is a staged clash which almost invariably end with dead criminals and unscathed or little-hurt police. Shockingly, grounds of encounters are also common in majority of cases that is "the deceased snatched pistol/rifle from policemen and tried to escape and fired, the policemen who were guarding them fired in self-defence. However, the truth is that such encounters are in fact not clashes at all but...

Differently Abled Candidates: More Unequal Than Others? (Part-I)

It is not sufficient to provide reservation to disabled people, but there is a requirement to also make all efforts that this reservation is meaningful.

Taking White Collar Crime Seriously

A rising tide lifts all boats.[1]It is only when the tide goes out that you learn who has been swimming naked.[2]Afinancial crisis is often followed by a rise in financial crimes. A crisis, such as the one we now face, not only presents an opportunity (and greater motivation) for all sorts of financial shenanigans but also lays bare – the true financial position of a lot of corporations. You'd recall when the proverbial economic tide went-out in 2008 (because of the global financial crisis)...

The Reading List Project : Must-Read Books For Law Students & Lawyers

The Idea Most law students in India find their legal education to be outdated and incomplete. Colleges and universities often teach foundational theories and concepts with a few basic procedural and substantive laws. While this helps in creating a basic understanding, it is in no way enough. To fill this void of knowledge, most law students take to reading — only to realize that they do not know what they should or shouldn't read. Also, while a number of reading lists are already ...

Justice YV Chandrachud: A Gentle Colossus-A Centennial Tribute

A hundred years since he was born and thirty five years after he retired, it is appropriate to remember and pay tribute to Justice Y. V. Chandrachud, the 16th Chief Justice of India. He has the unique distinction of having had the longest tenure of about seven and half years as Chief Justice of India which would in all probability remain unparalleled. He was indeed a great judge, one who could hold his own among the great of all time anywhere, and a gracious human being. To borrow what was...

Women In Constituent Assembly : Engaging With The Role Of Hansa Mehta

('Women In Constituent Assembly' series will discuss the role played by women in the Constituent Assembly of India. This is the second article of the series. The first one was about Dakshayani Velayudhan)Constitutions impact women. Even when constitutional provisions appear to be neutral, they impact lives of women differently. From distribution of power amongst Union and States to rights provisions in Constitutions, women are important stakeholders in constitution making processes.[1] ...

Drone Rules : Privacy Concerns In The Draft Unmanned Aircraft System Rules, 2020

The draft Unmanned Aircraft System Rules, 2020 ("Draft Rules"), which was released for public comments earlier this month, appear to have left a chasm by having inadequately addressed privacy concerns. Privacy emerges as a core concern as an imminent consequence arising out of civil/commercial operations of drones. Rule 35(1) of the Rules state as follows: "An imagery may be captured by an unmanned aircraft except in the non-permissible area after ensuring the privacy of an...

[Law On Reels] "Who Are You People?" 'Boston Legal' And The Death Sentence For Rape

'Boston Legal' (2004-2008) is one of the more popular American TV series on the 'Law' genre. Created by David E. Kelly, 'Boston Legal' ran for 5 seasons and 101 episodic narrations of the lives and the cases conducted by the lawyers of the fictional law firm 'Crane Poole and Schmidt' based out of Boston, Massachusetts. The only real lawyer in that series and that too an alumnus of Boston University School of Law, was the creator David E. Kelly himself!The two main protagonists in this TV...

Fixing Accountability Of Judicial Magistrates

"The fault, dear Brutus, is not in our stars, but in ourselves, that we are underlings." The brutal custodial killing of the father and son in Tamil Nadu has not only triggered a public outcry against the police which continues to function under colonial law and with a colonial mindset but has also raised serious questions about our judicial magistracy and its functional attitude towards custody jurisprudence. The family of the deceased has accused the judicial magistrate of...