Articles
Promissory Estoppel: A Primer
THE CONCEPT OF PROMISSORY ESTOPPELBeing a doctrine 'Promissory Estoppel' defies easy summarization into a simple 'definition', however the Supreme Court in M.P Sugar Mills Co. Ltd v. State of Uttar Pradesh[i] sought to explain the doctrine as such:- "..that where one party has by his true words or conduct made to the other a clear and unequivocal promise which is intended to create legal relations or affect legal relationship to arise in the future, knowing or intending that it would be...
Commercial Lease : To Execute or Not to Execute – A Case for A Re – Look?
Of late, the issue of whether a lessee can seek exemption from payment of rent in a commercial tenancy in the wake of COVID-19 pandemic has gained some steam. Multiple litigations have been filed by lessees in various High Courts across the country in this regard. However, all Courts have denied this exemption to the lessees majorly on 2 grounds - (a) the lease deed is silent on the issue of exemption in the event of occurrence of any pandemic and hence Section 32 of the Contract Act 1872...
IBC Amendment Ordinance – Synthesis or Antithesis?
In view of the COVID-19 pandemic having impacted businesses, financial markets and the economy, thereby creating uncertainty and stress for businesses for reasons beyond their control, the President of India promulgated today, 5th June, 2020 an Ordinance to further amend the Insolvency and Bankruptcy Code, 2016. The Insolvency and Bankruptcy Code (Amendment) Ordinance, 2020 ("Ordinance") inserts Section 10A which selectively suspends the applicability Section 7, 9 and 10 of the Code to...
Territorial Jurisdiction In IPR Disputes: Decided Yet Unresolved
Our understanding of the term 'property' underwent a sea change after the advent of intellectual property rights. These rights have since gained much prominence, so much so that countries across the globe changed their laws to protect and promote them. Intellectual property rights reflect and represent the substantial asset value of some of the biggest corporations in the world. The proliferation in intellectual property rights also saw a corresponding increase in their violations/...
Suo Motu Vs. State of Gujarat: Can't We Debate?
'The primary duty of the Judiciary is to uphold the Constitution and the Laws without fear or favour, without being biased by political ideology or economic theory' – Supreme Court in PUCL v. Union of India[i]. In a recent case of Suo motu v. State of Gujarat[ii], on 29-5-2020, the High Court in its detailed order of 76 pages, lastly expressed its anguish over "unnecessary debates and comments" that are going on as on date on the social media and other platforms. To some extent, it...
Sec 29A Arbitration Act :Power To Appoint Governs Power To Extend?
The Arbitration & Conciliation (Amendment) Act, 2015 ushered in several sweeping changes in the Arbitration & Conciliation Act, 1996 ('Act') with the laudable objective to make arbitration a preferred mode of dispute resolution of commercial disputes by seeking to make it efficacious, expeditious and cost effective. The Amendment, as is the case with all new legislations, also brought with it, its share of controversies in so far as the interpretation of several of...
The Migrant Saga
Nearly two months after the first PIL being filed, the Supreme Court found itself being embroiled in a hailstorm of criticism by its erudite former members, human rights activists & concerned citizenry, the Supreme Court finally woke up on 28th May 2020 by taking Suo motu cognizance to deal with the untold sufferings and miseries of the thousands of migrant workers who had started their journey on foot to their homes in villages thousands of miles away from the urban metropolitans...
Modification Of Approved Resolution Plan: Aftermath Of Covid19
COVID-19 has disrupted the economy of the country. As a result, financial rating agencyMoody's has downgraded India's economy outlook to BAA3 from BAA2. Various businesses are facing the threat of insolvency due to outbreak of the Pandemic. To soften the blow and protect the businesses from insolvency, the Govt. has increased the minimum threshold under the Insolvency and Bankruptcy Code, 2016 (Code) to One crore from One Lakh. On 03.06.2020, the Union Cabinet has approved the proposal...
Delay, Hunger And Death: A Case Of Gross Negligence For Death On Shramik Trains
The imposition of nationwide lockdown by the Government of India to contain the contagious COVID 19 pandemic has unashamedly blown off the lid from the constitutional charade of a 'Welfare State'. The utter callousness and indifference of policy makers to woes of the poor and vulnerable sections of society has made Social Justice illusory during the past two months. The cessation of economic activity meant that the daily wagers were bereft of income to sustain themselves. No legal steps...
Manifestation Of Fake News: Possible Legal & Policy Issues To Be Considered Before Formulating Any Law
During this lockdown situation, we have witnessed array of rumors or fake news; from Amul Company shutting down its milk chilling centers to the effective use of ginger, lemon and honey to counter the virus or to dispersing or spraying of the medicine by helicopters. Clearly, the proliferation of inaccurate or misleading news is spiraling upwards, especially during Covid-19 Pandemic situation. Our mobile phones and social media accounts are flooded with fake posts, doctored videos and...
What's In A Name? A Lot, Especially If That Name Is "Anti-National"
Forgive the plain title as this writer is at his wits' end, exhausted, after a week-long wild goose chase. The object of my search? The meaning of "Anti National" in context of the law.The immediate cause behind this exertion was set of the guidelines issued by the Delhi High Court's High Powered Committee on how jail authorities should exercise their discretion towards releasing inmates to manage the risks posed by Covid-19 [The most recent one is here]. After detailing what kinds of prisoner...