Articles
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...
Understanding The Public Liability Insurance Act, 1991
The Public Liability Insurance Act, 1991 ("Act") was enacted after the outbreak of Bhopal Gas Leak, to provide immediate relief to persons affected by an accident occurring while handling any hazardous substance. The Act came into force from 01.04.1991. Section 3 of the Act incorporates the principle of "Absolute Liability" or payment of compensation on "No-Fault Basis". The Owner is liable to pay compensation to the Claimant for Death, Damage, or Injury. The amount of compensation...
From Anvar To Arjun – A Tale Of Two 'Anys' & Other Stories
A statute, as is well known, must be construed having regard to parliamentary intent. For the said purpose it is open to a court not only to take into consideration the history of the legislation including the mischief sought to be remedied but also the objects and purpose it seeks to achieve. – Tata Power Co. Ltd. v. Reliance Energy Ltd
Resistance To The Idea Of Virtual Courts Is Misplaced
Recently, the Bar Council of India decided to hold a 'countrywide consultation' with lawyers and litigants on resumption of regular hearing in all courts'. Before that, the Chairman of BCI, Mr. Manan Kumar Mishra, had written to the CJI, expressing his anguish over the ideas about the continuance of virtual hearings after the lockdown period. The Online Courts or Remote Courts cannot be established in an adhoc manner. There needs to be a plan for a systematic transformation. This...
Revisiting Death Penalty
On the wee hours of 20th March 2020, four men, convicted of brutal gang rape and murder of a twenty-three years old, were hanged to death at Tihar jail in Delhi. The entire country went ecstatic when the morning news broke out, bringing a short relief to the people faced with a grim reality of an impending lockdown due to the Corona epidemic and the only complaint was the delay in delivering justice as it took more than eight years for the culprits to be executed. Incidents like the Delhi...
An Executive Court and a Judicial Committee: The Supreme Court's Decisions on the Internet Restrictions in Kashmir
On 11 May, the Supreme Court issued its decision in a case challenging the restriction on mobile internet speed in Jammu and Kashmir. The Court neither decided whether the restriction was unconstitutional nor issued a remedy. Instead, it referred the matter to a three member special committee. The Supreme Court's decision on 11 May was a sequel to its decision of 10 January 2020. At 149 pages collectively, the Court's decisions are relatively brief by its standards. However, they are far more...
Quippo Construction Equipment Ltd v Janardan Nirmal Pvt Ltd : A Critical Analysis
In the celebrated judgment of the Division Bench of the Bombay High Court in Mohandas Issardas And Ors. vs A.N. Sattanathan And Ors[2], authored by Justice M.C. Chagla, it was observed that a judgment of a Court has to be read in the context of questions which arose for consideration in the case in which the judgment was delivered. A distinction was drawn between ratio decidendi and obiter dictum of a judgment. Justice Chagla observed that an obiter dictum is an observation by Court on a...