Is China Liable For The Injury Or Harm Caused By Coronavirus?

A liability in law arises, if an injury or harm is caused by wrongful acts.

Sulamérica's Case And The Three-Stage Inquiry To Determine The Law Of Arbitration: Recent Developments & The Divergent Indian Approach (Part I)

Introduction The Indian jurisprudence on the choice of the law of arbitration has evolved through various judicial pronouncements of the Supreme Court of India. The Supreme Court of India has cited approvingly in BALCO's Case[1] and several later judgments[2], the judgments delivered by Lord Justice Longmore in C v. D[3] and Mr. Justice Cooke in Sulamérica Cia Nacional de Seguros SA v. Enesa Engelharia SA[4], to affirm the view that where there is no express choice of the law for the...

China Shadow On World After Corona

American call the corona virus a Wuhan or China virus. China says it was planted by USA military. The world knows that the virus first showed up in Wuhan prefecture of Hubei province in China. From their it was carried to Japan, Korea, middle east., Australia, South America, Europe and USA. Today practically the whole world including India is affected by it. What began from the wet market in Wuhan has become a pandemic. Countries are battling corona with different degrees of control and...

At What Stage Is Sanction Required Within The Contours Of Section 188, Criminal Procedure Code, 1973?

Every so often Section 188 of Criminal Procedure Code, 1973 has attracted fragmentary interpretations from the Courts in India. For instance, in the case of Om Hemrajani v State of Uttar Pradesh [(2005) 1 SCC 617], the Apex Court inter alia interpreted the expression "at which he may be found" under Section 188 and held that a victim may come to India and approach any court convenient to him and file complaint in respect of offence committed abroad by an Indian. In the Italian Marines...

Live Streaming Of Hearing During COVID 19: Kerala HC And Justice Gautam Patel Of Bombay HC Lead The Way

Supreme Court of India started with video conferencing on 27.03.2020. Close on the heels of the Supreme Court, the Kerala High Court started hearings through video conferencing since 30th March. [1]The difference however was that the hearings of the Supreme Court were highly guarded and permitted the participation only of the advocate on record of a particular matter listed before the Hon'ble Court. The cause list clearly indicated that if the video conferencing link is shared with...

Does The Epidemic Diseases Act, 1897 Need An Overhaul?

The law that is at the center stage of our life and times today is not the GST Act, not the IBC, not even the Constitution. Its the Epidemic Diseases Act, 1897 ("the Act"), an Act that the practicing lawyers knew little about till recently, is not taught in law schools, not important enough to find a place in a handy compilation of Central Civil Acts. But today, this is the Act to go to. By now, we know that it's an as short an act as it can be, of barely five sections (effectively,...

COVID 19 Outbreak And The International Liability Regime: A Legal Perspective On The Class Action Complaint In Texas District Court

Introduction: The outbreak of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) called as COVID 19 in China and subsequently spread to all over the world is a pandemic and threatening situation for the entire humanity. It has resulted in taking away the life of lakhs of people and is creating hardships to millions of people around the globe. Flights and other means of transport have been suspended; people are stranded in some areas; employment, food and basic needs are...

Struggles Of Getting An Anticipatory Bail Plea Listed In A Delhi Court During Lockdown

The Government of India vide Notification dated 24.03.2020 directed a nationwide lockdown in order to contain the spread of the Coronavirus outbreak (COVID-19); commencing with effect from 25.03.2020. Though this move was anticipated; however, the imposition of lockdown was sudden (as the situation was getting grave by the day). The notification, if read by itself, required the other bearers of responsibility, to take action immediately; including those at the helms of the legal and...

The Best Way Forward Is The Tech Way Forward

When we say that technology is here to stay – we should be looking at designing a system that can eliminate (almost) biases in all form.

[Column] 'Science Leaps : Law Stays Put'. By Justice Anand Venkatesh

This article is an attempt to explore how the burgeoning sophistication of Artificial Intelligence (A.I) and Robots and their widespread deployment everywhere, from homes and hospitals to public spaces and the battlefield, necessitates a rethink of a wide variety of philosophical and public policy issues, and their uneasy interaction with the existing legal regimes thereby impelling a revamp of our existing law and policies. This situation is analogous to how policymakers and lawmakers had...

'All Dressed Up And No Need To Go': A Poem by Senior Advocate KV Viswanathan

Am a Lawyer by calling; And Make a decent living;I had a nagging feeling;Was there a crisis again brewing?That Computer, I had kept ,to flaunt ;Is it back again ,to haunt?First they said try the mail;Just a click and it won't fail !I mustered courage and went along;The mail reached,where it belonged !!My heart was filled with abundant pride;Said I, None can take me for a ride!Hold on Papa!! you have Just sent a Mail,Not launched a nuclear Missile!!!Then the machine went to rest;It did gather a...

Impunity Vs Jeopardy : The Partisan Provisions Of Consumer Protection Act

Introduction Change is the only constant . Keeping in mind the milieu and socio-political affairs of the nation , the constitution makers went on board with "due process of law ''over " procedure established by law ''. The categorization of procedure established was done via two ways – procedural and the substantive procedure. The procedural due process existed from A.K. Gopalan case (1950) till Maneka Gandhi case (1978). It was interpreted to mean that whatever is the procedure...