Chinese App Vs The Tradition Of Bar

Recently, two very well-known learned Senior Advocates of the Supreme Court of India declared that they will not appear for a Chinese App against the Government of India. The same became the talk of the town to the extent that social media started praising them for showing their Patriotism towards the Country. This obviously meant that any other lawyer accepting the brief for the Chinese App would be considered either less patriotic or as they say 'ANTI NATIONAL'. Be that as it may,...

Covid-19,Climate Change And Planetary Health

1. INTRODUCTION Exposing the inadequacy of dominant western ethical tradition to provide a satisfactory basis for an environmental ethic and decrying human chauvinism, Richard Routley in his Last Man Arguments, asked us to visualize a hypothetical situation in which the last person, surviving a world catastrophe, acts to ensure the elimination of all other living things and non-natural world after his demise. Anthropocentrically, the last person would do nothing morally wrong, yet...

[Courts And Corona] Functioning Of NCDRC In The Post Covid Era

While most Courts and major Tribunals in the country quickly adapted to the new normal and shifted to video hearings in the first phase of the lockdown itself, the Hon'ble National Consumer Disputes Redressal Commission ["NCDRC"] has been slightly slower to adapt and started video hearings of matters only from 15th June, 2020. However, all notices issued on the website of the NCDRC during the lockdown do indicate that litigants / counsels were allowed to mention urgent matters at the...

Liability Immunity & Compensation Programmes During Public Health Emergencies

Introduction: Over the past few months, we saw this nation collectively coming forward with various gestures and events to appreciate the efforts of our health care workers amidst the Covid-19 outbreak. Simultaneously, we also witnessed an increasing violence against these frontline warriors which led to the promulgation of an ordinance[1] to curb the same. This puzzling contrast itself is a definite indication for the state to ensure further policy safeguards to protect the interest...

Mediation/Settlement Talks - A New Lease Of Life For Time Barred Arbitration Claims?

Focus on Mediation/Settlement under the Indian regime Contemporary legislative and judicial trends suggest that Indian commercial litigation has been focussing on mediation as a tool to resolve disputes, more than ever before. For instance, Section 12A of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 ("Commercial Courts Act") introduced the concept of mandatory 'Pre-Institution Mediation and Settlement' under Section 12...

Coordinating Judgements: Ensuring Certainty In The Law

Introduction On 19th June, a 3-judge bench of the Supreme Court headed by Justice Ashok Bhushan pronounced judgement in S. Kasi v. State through the Inspector of Police("S. Kasi"). The case involved a criminal appeal against the judgment passed by the Learned Single Judge of Madras High Court sitting at the Madurai bench dated 11.05.2020 in Crl.O.P.(MD) No.5296 of 2020. The Appellant had moved the High Court praying for grant of default bail as per Section 167(2) of the Code of...

Italian Marines-Enrica Lexie Case : Deciphering PCA Award In 'The Italian Republic v The Republic Of India'

Let us weigh in the gains and losses for India, as best as they can be discerned from the 'Extracts for Advance Publication' which has been released on July 2 by the Permanent Court of Arbitration in the case between Italy and India with respect to the Enrica Lexie case. Perhaps that will enable us to decide whether we should celebrate the Award or whether we should seriously ponder over the legal course of action to be taken, so as to secure our fishing folk from similar ignominies in the...

Ethical Lawyering: An Overview

'Ethics' is the activity of man directed to secure the inner perfection of his own personality' – Albert Schweitzer – 20th Century Theologian and a Polymath. The above quote and the ethical caption may appear to be an aberration in today's context, as the whole world is desperately fighting for just survival, yet in these lugubrious times, it is worthwhile to ruminate over the duties and responsibilities of the lawyer community towards their clients, the institution, ...

Undermining Environmental Protection From Within: The Draft EIA Notification 2020

"Goals for conserving and sustainably using nature and achieving sustainability cannot be met by current trajectories, and goals for 2030 and beyond may only be achieved through transformative changes across economic, social, political and technological factors." -Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services, 2019 The Environment Impact Assessment (EIA) Notifications were enacted by the Central Government in exercise of powers under Section 3(1)...

Reminiscing Justice Protik Prakash Banerjee

Life is uncertain, and death is the ultimate truth. We cannot ward off this truth even if it is before time. Justice Protik Prakash Banerjee is no more with us today, which we are finding difficult to accept, but that is the destiny, and we have to accept it.Calcutta Boy's School, Class XII, 1988Justice Banerjee was born on the 1st June of 1969, illuminating the house of Senior Advocate Mr. Mukul Prokash Banerjee and Advocate Mrs. Lekha Banerjee. He did his primary schooling at Calcutta...

Decriminalisation Of Dishonour Of Cheque- A Right Initiative?

Introduction: The Ministry of Finance ("Finance Ministry"), Government of India has recently floated a proposal dated June 08, 2020, inter alia, to decriminalise the offence of dishonor of cheque which is punishable under section 138 of the Negotiable Instruments Act, 1881 ("NIA"). The main reasons, inter alia, provided by the Finance Ministry in support of decriminalising the said offence are that it will attract investments both from domestic and foreign investors; help in doing ...

Settlement And Commitment: A New Way Forward

INTRODUCTION The need for a legislation to ensure fair competition in the Indian market became even more pronounced due to the liberalisation and privatisation of the early 1990s. The enactment of Competition Act in 2002 replaced The Monopolistic and Restrictive Trade Practises Act, 1969 and the Act has seen some amendments since. Recently, the Ministry of Corporate Affairs has proposed amendments to the Competition Act and draft bill has been put up for public comments. The...