Articles
COVID-19 Pandemic: Analysis Of Employment Issues In India
COVID-19 AND EMPLOYMENT IN INDIA:- Employment is a relationship between two parties, usually based on a contract where work is paid for, where one party is the employer and the other is the employee. Employees work in return for payment, which may be in form of an hourly wage, by piecework or annual salary, depending on the type of work an employee does or which sector they are working in. Employment is typically governed by employment laws, organization or legal contracts. ...
Gently And Warmly Into The Light: Remembering Ashok H. Desai, Senior Advocate
How does one capture with the written word the essence of a man who was simultaneously the quintessential English barrister but also Indian to the core; who was a socialist in the mould of Harold Laski – presumably from when he studied at the London School of Economics during the 1950s – but who was among the most sought after senior counsel by the largest Indian and multinational firms; who was simultaneously a Western liberal in his values and a confirmed Buddhist; who liked Sherlock...
Kerala High Court: A Torchbearer For The Digital Age
Kerala High Court's response to Covid 19 lockdown Necessity is the mother of invention. Responding to this adage, the Kerala High Court decided to dispense justice during the country-wide lockdown through video conferencing technology. With the Supreme Court of India setting the path for this disruptive technology on 27th March, 2020, the Kerala High Court set the ball rolling from 28th March, 2020 by constituting a Division Bench comprising of Justice A.K.Jayasankaran Nambiar and...
A Tribute To My Mentor - Ashok H Desai
All those who knew Ashok H.Desai, popularly known as 'Ashok Bhai' and 'Sir' to me, will always remember him fondly. A man with the soul of a monk and the heart of a king. My association with Sir goes back to March 2005 when I joined his chambers as a junior. I was relatively new in the profession at that time. He was about 71 years old and was on the verge of completing 50 glorious years at the Bar, including holding the high office of Attorney General for India. Naturally, at that stage, with...
Draft Competition (Amendment) Bill, 2020: Welcome Changes And Missed Opportunities
The draft Competition (Amendment) Bill, 2020 ("Bill") was released on 12 February 2020 suggesting a variety of amendments to the Competition Act, 2002 ("Act") after a gap of almost 13 years. The last major amendments to the Act took place in 2007. The Bill is largely based on a report dated July 2019 prepared by the Competition Law Review Committee ("CLRC") set up in October 2018 to review the Act and suggest changes to make the competition regime more effective. While the original...
Sulamérica's Case And The Three-Stage Inquiry To Determine The Law Of Arbitration: Recent Developments & The Divergent Indian Approach (Part II)
This part is in continuation of Part I, where the author discussed the Court of Appeal's judgment in Sulamérica's Case[1] and analysed the two distinct approaches of Mr. Justice Cooke and the Court of Appeal to determine the law of arbitration. Other Cases following Sulamérica's Case U.K. Cases Following the Court of Appeal's Judgment in Sul América's Case, in Arsanovia's Case[2], the Queen's Bench Division (Commercial Court) accepted the law of contract (Indian) as the implied...
Covid 19 Outbreak And Its Impact On Debt Financing In India
1. Background With the pandemic outbreak of COVID-19, the governments of various countries and jurisdictions, including India have taken emergency measures and imposed curfews and lockdowns of all social, commercial and industrial activities. The Indian business and economy are not oblivion to widespread impact of such lock downs and curfews, which has triggered concerns over performance of prevailing and ongoing contractual obligations to be fulfilled by the parties under...
Ashok Desai - A Remembrance
In present lockdown, one of the most dreaded thing can be loss of a dear one and inability to be part of last journey. We are able to share only online the grief of demise of Ashok Desai who commanded respect, awe and love in and outside chamber. To me Ashok Bhai has been a mentor in true sense of a Guru in Indian tradition A true renaissance man with lots of love outside law for literature, art,...
Ashok Desai: Pure Enlightened Soul in Paradise
Rarely do men leave their imprints in the mind of many. Imprints which live long after their soul departs to live immortally. Ashok Desai was one such rare stalwart who walked the corridors and court rooms of several courts in India. He shone brilliantly as the Solicitor General and as the Attorney General of India. Important Cases argued by him can be found in the journals and have been recounted by colleagues. Journey of my knowledge about him began in 1996 when he came to Allahabad to appear...
Fighting Violence In Domestic Household Amid Covid-19 Lockdown
When, at one stance, the India is fighting against deadly pandemic Covid-19 and has entered into Day 21 of it's lockdown, with a possibility of it's further extension, some families at home also, are not at much peace, because of more proximity and less understanding among each other. Recently, the Chief of National Commission for Women namely; Rekha Sharma, made a statement that, there is a rise in Domestic Violence Complaints now, as the number of complaints has spurred two folds,...
Extraordinary Situations Demands Extraordinary Initiatives From Legal Community
Extraordinary situations demands extraordinary initiatives. The legal fraternity has to act together and serve the society not as a lawyer, not as a judge but as part of the society. Much has been written about Covid-19 and its consequences. Apparently, as on date, lockdown and self-quarantine seems to be the only way out to avoid spread of the infection from one to many and from becoming a community transmitted disease, the third stage, as the expert say. India is observing 21 days nationwide...