Monsanto v. CCI – A Critique of Delhi High Court's Judgment

Introduction A Single Bench of the High Court of Delhi gave its judgement in Monsanto Holdings Pvt. Ltd. & Ors. v. Competition Commission of India & Ors. on 20th May 2020, dealing with the question of overlap of jurisdiction between the Competition Commission and the Patents Controller. This paper aims to present a critique of the judgement by analysing the core arguments and examining the conflict between Competition Act, 2002. and the Patents Act, 1970. While one perception regarding...

COVID-19 And Relief Under RERA- A Critical Analysis

The pandemic COVID-19 outbreak has created a huge impact on the economy. Which in turn pushed sentiment in real estate to its all-time lowest level. It has affected not only the residential and but also the commercial real estate sector. The residential sector has been facing a lower demand, which has now put the developers in dilemma regarding taking a risk by launching any new projects. Since because of various factors such as shortage of material and labour, construction for on-going...

Fundamental Freedoms And The Extent Of Permitted Restrictions: Analyzing Maharashtra Gag Order During Covid-19

On 23rd May 2020, the Dy. Commissioner of Police, Greater Mumbai (Operations) & Executive Magistrate issued an Order under Section 144 of the Criminal Procedure Code ("CrPC") to curb the dissemination of fake news which is resulting in the spread of COVID - 19. In view thereof, the Order prohibits the dissemination of information through various messaging and social media platforms, like WhatsApp, Facebook, Instagram, found to be (i) incorrect and distorted; (ii) derogatory and...

Virtually Not Your Court

A man is on trial for murdering his wife, although a body has not been found. His lawyer says there is not enough evidence. "The ex-wife is not even dead, I am going to prove it to you, she is going to walk through the door in about one minute." All eyes are focused on the door. A minute passes. Another minute passes. And another. The prosecution says: "she didn't walk in." "But the fact that you were all staring at the door expectantly proves that there is...

The Intrinsic Interplay Between The Right To Dignity And Rule Of law

Rule of Law and the Right to dignity are but two sides of the same coin, inasmuch as neither can exist without the other. The fundamental value that certitude in law holds for the protection of human dignity has never been so acutely experienced in recent history as in the past couple of months. Undoubtedly, this unprecedented crisis has brought forth our peoples' spirit of duty and of service to the hilt. Despite having been taken off guard, our country has so far remained...

Timely Completion Of CIRP Under IBC Post 2019 Amendment A Conundrum

As per Section 12 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as "Code"), Corporate Insolvency Resolution Process (hereinafter referred to as "CIRP") should be completed within 180 days from the date of admission of application by financial or operational creditor to initiate such process. However, this period can be further extended to maximum 90 days, provided an application is filed before the adjudicating authority (i.e. NCLT) by the Resolution Professional...

PM-Cares Vs PMNRF: Where Is My Money Going?

The Present Article is an attempt to look into the affairs of the Prime Ministers National Relief Fund (PMNRF) and the Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund' (PM CARES Fund) PMNRF: The PMNRF was established pursuant to an appeal made by way of a press note dated 24/01/1948 by the then Prime Minister Jawahar Lal Nehru. He felt the need to have such a fund to make ends meet in the hard times owing to rioting and exodus from Pakistan on occasion of ...

Cases of Multiple FIRs–Goswami Facts Needs A Re-Look In Future It Is Hate Crime, A Social Disorder!

The Arnab Goswami case in the Supreme Court resulted in quashing various similar FIRs which had been registered in different parts of the country relating to his TV programme broadcasted on 21.04.2020, viewed nationwide. Allegations in FIRswere communal in nature, instigating Hindus against Muslims and Christian[DPA1] . Very often, multiple FIRs are challenged in courts. On legal scrutiny, it can be seen that facts in most of those cases, though appear similar, legally they are...

A Well Drafted Law – A Myth in Modern India

The Indian Judiciary, notwithstanding its limitations, has been enforcing the law as best possible in the situations before it. The judiciary knows that the law applicable is often archaic and requires updating. Seemingly going into a duel blindfolded (no pun intended), the judges on numerous occasions interpret such laws using every ounce of dexterity that they can muster, in order to navigate the murky waters to provide some semblance of justice, albeit late. Over the years, it is...

Implementing AI: First Step Towards De-Cluttering The Indian Judiciary

CJI Bobde has once again stoked up the debate that has been making its round amidst the legal fraternity, i.e. implementing AI in administration of justice. Speaking on the prospects and the technological exploits, CJI was clear in his stance by concretely marking the ambit AI, its future lies not in masquerading as a judge or a lawyer, but rather legally succouring them in the consummation of their objectives. AI has been constantly seeping into our day to day affairs, slowly and ...

Role Of A Defence Lawyer During Examination-In-Chief

At the outset, it is stated that the role of a defence lawyer during examination-in-chief is the most ignored strategical aspect of defending an accused in a criminal trial and there are no books on this strategical aspect of law. So much so that even a google search does not yield any effective result. Keeping that in mind, the present article focuses to shed light on the said strategical aspect of a criminal trial. Role of a Defence Lawyer, while examination-in-chief is going...

Manan Kumar Mishra's Personal & Political Battles Using BCI Chairman's Office

The Press Releases of the Chairman of the Bar Council of India, Manan Kumar Mishra, follow a common pattern –they are always aimed at stifling genuine criticism, and stalling reforms. With a series of ad-hominem attacks and labelling, the BCI Chairman ensures that any space for dialogue, introspection and critical analysis is erased. There is also an attempt to pass off these views as those of the legal community at large. Because, the Chairman always ensures that the press releases are...