Articles
Covid-19 Lockdown: Can You Use Change Of Law Clause To Seek Exemption?
Introduction When a contract is entered into, both the parties are expected to factor in all legal requirements in arriving at mutually agreeable rights and obligations. However, since laws can alter over the course of execution of the contract and this in turn can swing the contractual equilibrium, change of law clause is incorporated to set right the undue burden created by such change of law on a party. The implications of such a change may be increased costs, altered ...
A Conspectus Of The Global Judicial Response To Covid-19
This article seeks to give a conspectus of how the courts have, globally, reacted to the pandemic, not in terms of the volume of cases handled by them, but by the nature of judgments/orders passed. The challenges faced by the judiciary are not endemic to India, and the manner in which the courts have responded all over the world, makes for an interesting read. UNITED STATES OF AMERICA The courts in the United States have been flooded over the past month with challenges to orders of...
Losing The Art Of Cross-Examination In Civil Law: Issues Compounded By Local Commissions And Video Conferences
Introduction: Lawyers were once known by their ability to cross-examine and deftly deal with witnesses, to prove their case. With time, dwindling patience levels in the legal fraternity and on account of the ambition to start off in the profession at the highest possible appellate courts and specialized tribunals, the quality of cross examination has effectively reached a new rock bottom. A potent tool such as cross-examination, as it once was, has effectively turned into a...
Notification Of Section 230(11) And (12) Of Companies Act 2013: New Way To Squeeze Out Minority Shareholders
On February 03, 2020, Ministry of Corporate Affairs ("MCA") notified Section 230(11) and (12) of Companies Act, 2013 ("Notified Provisions"). The said notification has opened another door for majority shareholders to acquire the shares held by minority shareholders. Section 230 deals with scheme of compromise or arrangement between a company and its creditors or members. Such scheme may include a takeover offer by a member of the company under Section 230(11) while under Section 230(12)...
MSME Act : Legal Conundrum In Definition of 'Supplier' Under Micro, Small and Medium Enterprises Development Act
1. This article aims to address the conflict in the interpretations of various High Courts of India to the definition of 'supplier' as enumerated under Section 2(n) of the Micro, Small and Medium Enterprises Development Act of 2006, and its impact on reference of disputes to the Micro and Small Enterprises Facilitation Council (Facilitation Council). 2. The Micro, Small and Medium Enterprises Development Act of 2006 (The Act) was brought into force by the...
Why Indian Law Schools Need To Adopt The Online Law Entrance Exam In 2020: The R(E)-Imagination Of The Law School Admissions Process
Law school entrance examinations have been critical and fundamental to building a strong legal education system worldwide. India has over two dozen law school entrance tests, which are in addition to the option of admitting students on the basis of class 12 marks. Almost all leading law schools admit students through national level entrance examinations, which in India include, the Common Law Admission Test (CLAT) of National Law Universities, All India Law Entrance Test (AILET) of...
Bar Council Of India v. Supreme Court Bar Association : Can The Bar Council Of India Interfere?
Background Recently, in an unprecedented move, the Bar Council of India (BCI) passed a resolution to stay the Supreme Court Bar Association's (SCBA) decision to suspend its Secretary. In response, the SCBA wrote back to the BCI that it "has no power or authority to control any Bar Association in the country, including the SCBA". Now, the BCI has issued a show cause notice to the SCBA President and other Office Bearers as to why disciplinary action must not be taken against them for...
A Hostile Work Environment
"Sexual harassment at the workplace" is an affront to the fundamental rights of a woman to equality, her right to live with dignity as well as her right to practice any profession or to carry on any occupation, trade or business guaranteed in our Constitution. Right from State of Maharashtra vs. Madhukar Narayan Mardikar in which Supreme Court opined that "even a woman of easy virtue is entitled to privacy and no one can invade her privacy as and when he likes inter alia held merely...
The Kerala Salary Ordinance- A Cut Above The Rest
'Extraordinary situations demand extraordinary measures'. [Prithipal Singh vs State of Punjab, (2012) 1 SCC 10]. If such power is ceded to the judiciary, there is no reason why exercise of plenary legislative power under our socialist constitution should be faulted, when faced with an extraordinary crisis. God's own country has done it again- this time as the trendsetter in legislative efforts to augment public resources to battle the unprecedented, unforeseen Covid-19 crisis....
Reworking Approved Resolution Plans Under the IBC
In light of the lockdown implementation due to the COVID19 pandemic, it is imperative to re-examine resolution plans approved prior to the lockdown, mainly for two reasons: (i) the timelines approved in the resolution plan may no longer be practical and (ii) the commercial viability i.e. the underlying feasibility of implementing the resolution plan, given the present economic situation may have changed. This article explores the legal provisions within the framework of the Insolvency and...