Articles
Legal Validity Of Pre-Nuptial Agreements
Abstract:By way of this article, the author wishes to look into the possible advantages and dis-advantages of pre-nuptial agreements, and to examine the reasons for why these agreements are considered unenforceable in Indian law and how they may conflict with the present matrimonial laws in India. In furtherance of such an analysis, the author seeks to propound a more pragmatic and broad minded approach to be adopted by courts when it comes to the possibility of enforcing pre-nuptial agreements...
Brewing Constitutional Crisis in Maharastra
Recently, the country has witnessed the interesting constitutional upheavals in Maharashtra and tug of war with the Governor, which ultimately reached the Supreme Court for a constitutional adjudication. Yet another interesting legal issue is fast evolving in the light of the Governor in not taking any action on the recommendation of the cabinet. Udhav Thackeray took oath on 28th of November, 2019 as the Chief Minister of Maharashtra. He is heading the 3 party coalition of NCP, Congress and Shiv...
Kesavananda Bharati Judgment: An Exporter of Constitutional Ideas
[This post is part of a special series celebrating 47 years of the decision in Kesavananda Bharti v. State of Kerala, wherein the Supreme Court of India laid down the 'Basic Structure Doctrine'].Borrowing of legal principles from different legal systems is not a new concept and it has been happening since centuries. Though foreign judgments do not have binding value, but always have a persuasive force. Indian Judgment "Kesavananda Bharti v. State of Kerala [[1]] - (hereinafter referred to...
A Federal Concern - Continued Prohibition Of Liquor Supply Should End
Sale of liquor has been prohibited by the central government in exercise of powers under the Disaster Management Act, 2005. This ban raises the question of expanse of this enactment. How much inflation of ambit would be constitutionally permissible given that our Constitution is Federal in character and involves elaborate distribution of powers in the Seventh Schedule as also the fact that, except for exercise of powers under Art. 356, the state governments cannot be superseded? ...
Scope Of Agricultural Lands As Security Interest Vis-Ã -Vis SARFAESI Act
Introduction Whilst the RDDBFI Act had been serving as the sole recovery Law for Banks/FI in the country for a decade, as it was not efficient mode of recovery, the Union Legislature deemed it to enact the The Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act) commencing from 21st June, 2002. The two main salient features of the SARFAESI Act was allowing the creation of Asset Reconstruction Companies to give a chance...
Order To Ordinance : Background And Features Of The Epidemic Diseases (Amendment) Ordinance, 2020
The recent Epidemic Diseases (Amendment) Ordinance 2020 may be viewed as a by-product of the directions issued by the Supreme Court in a Public Interest Litigation (PIL) filed by a doctor from Nagpur, Maharashtra (Dr. Jerryl Banait v. Union of India)[1]. The PIL originally sought availability of Personal Protective Equipment (PPEs) for medical professionals, and subsequently highlighted the plight of doctors and nurses due to incidents of violence. This article traces the origin of the ...
Future Of Mediation In Insolvency Proceedings
Alternate Dispute Resolution method for resolving the disputes is relatively new trend in India. Mediation being one of the alternate dispute resolution methods in India is a voluntary process where the disputing people decide to mutually find a solution to their legal problem by appointing a mediator and entering a mutual understanding. The decision making power lies with the parties in dispute, with the mediator acting as an intermediary to bring them to an understanding. India started...
Of Lawyers,Court And "The Remote - Possibility"
The functioning of most Courts in the Country is severely restricted in view of the Covid-19 Pandemic as Social Distancing is the only Sanjeevani medicine. While on the one hand the experts and the Government brainstrom whether to continue the lockdown or relax fully /partially , there is this parallel debate as to the extent and manner of functioning of the Courts. To my surprise, some of the Bar Leaders are advocating suspending of functioning of Courts. Their contention, life is above...
Remembering Justice H R Khanna On The 44th Anniversary Of ADM Jabalpur Verdict
In April 1976, when the infamous Emergency was in place in India, the New York Times wrote an article eulogising a Judge of the Indian Supreme Court, for his dissenting opinion in a judgment. The article titled 'Fading Hope in India' lauded Justice H.R. Khanna for his dissenting opinion in ADM Jabalpur v. Shivkant Shukla, (1976) 2 SCC 521, which was delivered 44 years ago today.The case in ADM Jabalpur arose during the period of Emergency in India (1975-1977). The President exercising his...
Legislative Response and Constitutionality in The Time of a Pandemic
In 1896, the residents of Nowroji Hill slums of the present-day Mumbai were afflicted by a mysterious disease which spread rapidly affecting many city residents. The city's commerce was severely hit, and the thriving textile industry was grounded. By September 1896, Dr Acacio Gabriel Viegas accurately diagnosed the illness as bubonic plague, tended patients at great personal peril and initiated a vigorous campaign to clean up slums.[1] In the wake of this debilitating contamination, to...
"The Pandemic" - Effect On Part III Of Constitution Of India "A Citizen's View"
Part – 1 : Introduction The global spread and social mayhem caused by the 'COVID-19' Virus, being a subset of the viruses known in medical circles as belonging to the family of 'Coronovirus' has shaken the world and its global citizenry and has heralded us into situations rarely witnessed in the past. The COVID-19 is now classified as a Pandemic[1] by the WHO[2]. While there have been noted instances of virulent and destructive diseases, such as the Bubonic plague of...