Articles
Broader Implications Of The Supreme Court 's Pandurang Judgment On Co-operative Banks
In a judgment pronounced by a five judge bench in the case of Pandurang Ganpati Chaugule v. Vishwasrao Patil Murgud Sahakari Bank Limited("Pandurang"), the apex court has ruled that Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ("SARFAESI") is, in fact, applicable to Co-operative Banks. Apart from the obvious effect of opening up SARFAESI benefits to such Co-operative Banks attempting to affect recovery, there are broader...
Price Escalation In contracts: Legal Remedies Available To Contractors In The Absence Of Price Escalation Clause In Agreement
The legal framework on the absence of price escalation clause in contract is worth discussing and deliberating upon. A contractor who has encountered a series of problems leading to delays/latches in completion of contractual work is more often brought into this quagmire due to the fault of his employer. The employer fastens the contractor with the obligation to complete his work within the agreed period of contract, however, owing to delay in performance of reciprocal obligation by the...
Save Our Seniors Under The Senior Citizens Act, 2007
· INTRODUCTION In the midst of the lockdown, Senior citizens across the country have been confined to their homes to tackle the spread of coronavirus with some of them having no caretakers or means to get essential supplies. To tackle this, many NGOs, social trusts and community welfare groups are doing their bits at different places to support the elderly. Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007, maintenance can be claimed by ...
Right To Default Bail During Lockdown
In light of the Covid-19 outbreak, the courts took an unprecedented move to address urgent matters through video conferencing. For smooth functioning of the legal hierarchy, it is crucial for the Courts to remain functional during this time of crisis. However, the appropriate measures taken up by the Courts have also raised certain legal issues and challenges to safeguard rights of citizens in the present time. The Supreme Court of India on 23rd March, 2020 ordered the extension of...
Adverse Possession And The Adversities It Faces In India
Origin of the Concept of Adverse Possession The concept of Adverse Possession dates back to the 17th century BC, between 1792 to 1750 BC, when the Amorite King of Babylon- Hammurabi, proclaimed his Code – The Hammurabi's Code, containing 282 edicts, of which Rule 30 specifically dealt with the concept of Adverse Possession. Rule 30 of the Code provided that - "If a chieftain or a man leave his house, garden, and field and hires it out, and someone else takes possession of his house,...
Taking Labour Laws Seriously
In the wake of COVID-19, several State Governments have decided not only to relax but to suspend the labour laws altogether. The justification given is that this action is necessary to revive industrial activities and will help in attracting more foreign investment. This action leads to sacrificing the labour rights at the altar of capitalism. It is surprising to note that employers or their association/s have not asked the state governments to take such a regressive decision. These state...
Lockdown & Suspension Of Rent : Delhi HC Shuts Its Door For Unpaying Tenant While Leaving The Equity Gateway Ajar
On May 21, Delhi High Court pronounced a crucial verdict[1] on a seminal and pressing issue- Can tenants claim waiver/suspension of rent owing to the COVID-19 lockdown crisis? Prime real estate at meagre tent Housed in one of Asia's most premium streets- Khan Market, the tenant was running a shoe store called "Baluja" on a commercial lease with the landlord-dentist for a paltry sum of INR 300 per month since 1975. Evicted in 2017 under the Delhi Rent Control law, the tenant ...
Please (Don't) Be Seated: A Critique Of BGS Soma
Premise: The author contends that BALCO's finding on the seat courts having jurisdiction even if they wouldn't have had jurisdiction under section 16-20 CPC (i.e. "neutral venue"), is itself erroneous. However, Para 96 of BALCO does not say that ONLY the seat court would have jurisdiction; it says that both, the "neutral venue"/seat court AND courts under section 16-20 CPC would have jurisdiction. This continues to be the binding position of law. The major error committed in BGS Soma...
Impact of Covid-19 Outbreak On The Resolution Plans Submitted By The Successful Bidders
Nationwide lockdown announced by several governments including the Indian Government has adversely affected the business resulting in an extensive market interruptions and relapse of consumption. Lately, the Fitch Ratings has condensed India's GDP growth forecast from 5.1% to 2%, making it the dimmest growth rate over the past 30 years. Subsequently, businesses are facing Spartan monetary distress. Although at present it is very difficult to anticipate the full impact on the economy, it is...
Human Sufferings And The Pandemic: Accessibility Of Legal Services Authorities Vital For Unlocking The Rights And Empowering People
The pandemic has resulted into untold sufferings, particularly for the poor and the marginalized, for which they were not prepared. Lakhs of people have lost their means of livelihood. Farmers are bearing the brunt. Daily wagers have no work, and hence no income. Thousands of migrants are walking hundreds of kilometers to reach their homes, with their small children. Hungry and thirsty, but they are still walking. Pregnant lady gave birth on the road while walking back to her village for...
Supreme Court Fails Once Again During (Covid) Emergency
Discontent, popular and professional, with the judicial process and the legal system is not a new phenomenon. However, credibility of institutions is tested during times of crisis because credibility is the bedrock of any crisis stress test. The 1975 National Emergency which suspended the constitutional guaranty of life and liberty, tested the credibility of Supreme Court (SC) and it failed miserably by ruling that habeas corpus, stood suspended in times of Emergency. This decision...