Articles
Reservation or No Reservation
Caste system, where or how did it start and how does it end? I don't have a precise answer to this question but what I vaguely remember is one childhood memory from my school days. I think I was in class 3rd/4th when Hindi teacher was teaching us about our first President Dr. Rajinder Prasad, could be his biography by some reporter who visited his residency and while asking him personal life questions she enquired about his wife. The President of India stated that she is a nice woman but...
Interaction Between Admiralty Courts And Company Courts: A Critical Analysis Of Raj Shipping Case
On 19th May, 2020, a single judge bench of Bombay High Court delivered a judgment in the case of Raj Shipping Agencies v. Barge Madhwa ["Raj Shipping case"] . The court through this judgment answered two major questions of law with respect to interaction of Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 ["Admiralty Act, 2017"] with Companies Act, 1956 and Insolvency and Bankruptcy Code, 2016 ["IBC, 2016"]. The questions answered were: [1] Is there a conflict between...
Securing The Sentinel
Over the last few years, the higher judiciary in India has weathered a number of storms in the shape of scandals that rocked the very independence and credibility of the institution. In 2017, the bitter battle between Justice C.S. Karnan of the Calcutta High Court and his brethren in the higher judiciary came to an unsatisfying conclusion with Justice Karnan being imprisoned for a period of six months on being found guilty of contempt by the Supreme Court of India("Supreme Court"). The...
Covid19- Implications And Opportunities For Legal Fraternity
What could explain Covid-19 pandemic better than words of Japanese Finance Minister Taro Aso "The spread of the new coronavirus is a public health crisis that could pose a serious risk to the macro economy through the halt in production activities, interruptions of people's movement and cut-off of supply chains". Besides its devastating effects on human lives, claiming over 543,605 lives and infecting over 11 million people all around the world, the novel coronavirus (COVID – 19)...
Differently Abled Candidates: More Unequal Than Others? (Part-II)
In the first part, we identified a person's autonomy and substantive equality within the contours of human dignity principle. In this piece, we will see how this substantive equality is actually achieved vis-Ã -vis disabled people. Reasonable accommodation According to T Degener, disability should be considered for changing the environmental or social life in order to grant genuine access and inclusions. He used the term "reasonable accommodation" to denote such actions. Disabled...
'Advocate-on-Record' System In Supreme Court & High Courts
Last month, the Registrar General of the Kerala High Court sent a communication to Kerala High Court Advocates' Association [KHCAA], asking them to place a report on the proposal of introducing Advocate on Record system in the High Court. The Registrar General also requested the Association to prepare a report regarding the 'Advocate On Record' system, the rules and legal position for regulation of Advocates practicing in the High court, methodology for standardization, criteria to be...
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...
