Articles
Hindi In Haryana Courts: A Line Drawn
The State of Haryana vide notification, dated 11th May 2020, notified that 'Hindi' should be used in all Courts and Tribunals of Haryana. The State of Haryana amended section 3 of The Haryana Official Language (Amendment) Act, 1969. This Act is now called The Haryana Official Language (Amendment) Act, 2020. The Haryana cabinet earlier, in the first week of May, had approved introduction of Hindi language in subordinate courts of the State. The legislative assembly had passed the Bill...
Social Security In India During COVID-19
Social security is a kind of natural right recognised by legal right which recognises certain basic human right for the socially underprivileged persons which aims to ameliorate distress of those individuals and give them a sense of belongingness in the society. The ILO definition is as under: "The notion of social security adopted here covers all measures providing benefits, whether in cash or in kind, to secure protection, inter alia, from (a) lack of work-related income (or ...
Implied Conditions And Warranties: Caveat Emptor
INTRODUCTION Contract is a transaction between the parties wherein they decide themselves the various terms or stipulations to be added or substracted from the contract. Thus similarly for the transaction qua goods among the parties which is governed by the Sale of Goods Act, 1930 (hereinafter referred as act) , they decide the various terms or stipulations to be agreed and acted upon. Such terms or stipulations may be essential or mere collateral i.e. not essential to be performed for...
Artificial Intelligence: A Friend Or Foe For The Legal Industry?
Artificial Intelligence (AI) is the most trending topic around the world these days,1 with multiple industries exploring their possibilities2 and its use cases emerging almost every day.3 The old and monotonous manual jobs requiring large numbers of skilled labours and workers are now can be done in just seconds with the help of computers.4 As technology advances it has paved a new concept commonly known as "Artificial Intelligence". Quickly after its inception AI has paved its way into...
COVID-19 Response: India Should Use The Security Exception Under The TRIPS Agreement
The devastating effect of COVID-19 pandemic is indicated by the alarming figures of the infection and related deaths. For an effective response to COVID-19, we should have affordable access to various medical products such as medicines, medical devices including diagnostic kits and personal protective equipment. These products may not be accessible or affordable in the absence of competition. Manufacturers use IP protection as an important tool to eliminate or control competition and it...
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...