Articles
Enforcing Worldwide Lockdown : Aftermath Of International Obligation To Ensure Right To Health Or Exemplification Of Long Arm Statute
The declaration of the Novel Coronavirus disease or COVID-19 as "pandemic" by the World Health Organisation, given its ubiquitous spread, by the Director-General Mr Tedros Adhanom Ghebreyesus in his address on March 11, 2020, was taken punctiliously by each country when he went on to record to state that the "Pandemic is not a word to use lightly or carelessly. It is a word that, if misused, can cause unreasonable fear, or unjustified acceptance that the fight is over, leading to...
COVID-19 Economic Crisis : Time For Retired Persons With Alternate Incomes To Sacrifice Their Pensions
In India, the number of civil servants, who are drawing pension post-retirement from service is higher than the numbers of serving civil servants. A similar situation can be seen among the judiciary, legislators and parliamentarians. In the 2019-20 budget, the Government expected to spend Rs. 48,565 Cr. (4.6% of all expenditures) on civil pensions.1 According to 2015-16 data from the Central Pension Accounting Office, there are around 12 lakh Central Civil Pensioners/Family...
Gauging the Advisory Jurisdiction Of International Court Of Justice vis-Ã -vis COVID-19
Introduction The COVID-19 outbreak has shocked and deglobalised the international community of states. The World Health Organisation(WHO) has declared the outbreak as a pandemic, several scholars have argued that China has breached International Health Regulations(2005)(IHR) by not preventing the spread of the deadly COVID-19, the IHR aims to aid the international community to prevent and respond to the acute public health risk that has the potential to cross borders and threaten people...
CORONA -: Time To Revisit 'Bail
While striking down the stringent provisions for bail under the Prevention of Money Laundering Act, the Supreme Court speaking through Justice R.F. Nariman traced the historical evolution of the provisions for bail and iterated the golden principle that "Grant of bail is the rule and refusal is the exception. An accused person who enjoys freedom is in a much better position to look after his case and to properly defend himself than if he were in custody. As a presumably innocent person he...
Coronavirus And The Constitution – V: Financial Emergencies
As the novel coronavirus COVID-19 holds the country, its people and its economy to ransom, the Prime Minister has called for a 21-day nation-wide lockdown to curb the unrestrained spread of the pandemic. The Finance Minister has announced a relief package worth INR 1.70 lakh crore, in a bid to alleviate the immediate economic impact of COVID-19 on the financially weaker sections of the society. Various States have also announced a slew of relief packages. The Reserve Bank of India has, on its...
The Minority Crisis
In these days of Covid 19, speaking for myself, I am acquiring a lot of information via the Internet to rethink, reassess and to find connections between the vices and evils of the present times with the days gone by. My pearl of wisdom (which seldom befalls), is that whenever there is a clash between truth and belief, there is politics of the worst kind. Readers are free to arrive at their own deductions as they please. Freedom is theirs, for me to cherish. What set me thinking was a...
30 Common Law Principles Ruling The Litigation Front In India
"The law should not be seen to sit by limply, while those who defy it go free, and those who seek its protection lose hope." Jennison V/s Baker, (1972) 1 All ER 997 Principle 1: "Where a right or liability is created by a statute which gives a special remedy for enforcing it, the remedy provided by the statute only must be availed of." In the matter of: Wolverhampton New Waterworks Co. V/s Hawkesford, (1859) 6 CB (NS) 336, Willes, J., observed that: "… There are three...
Advocacy- The Mantra Of Success: Justice N. Anand Venkatesh
Advocacy is an art. It cannot be taught or read from any book. It has to be cultivated by keen observation. There existed a system wherein a newly enrolled lawyer joined the chambers of a senior and from then on virtually lived life like in a Gurukulam under the guidance and mentorship of his senior. A lot of traits for good advocacy were imbibed from the office that he or she joined as a junior. When a junior lawyer stands before a Court, his or her pedigree was traced from the office...
The Micro, Small And Medium Enterprises Development Act, 2006 - A Subject Of Increasing Misuse
The small scale sector plays an important role in the development of the Indian economy, by providing employment and facilitating growth of the industrial sector, while requiring a relatively small amount of initial capital investment. A substantial contribution is made by this sector to industrial output and exports. By some estimates there were in excess of 19.40 lakh such in the year 1990-1991. In the early 1990's, Parliament recognising the importance of this sector and in order to ...
Liquidation Value vis a vis Dissenting Financial Creditors: Aftermath Of Maharashtra Seamless And Orchid Pharma
The Insolvency Bankruptcy Code, 2016 ("Code") has gone through a myriad of changes since its inception and introduction. Although it has been held by the Supreme Court in the case of Embassy Property Developments Pvt. Ltd. vs State of Karnataka, that the IBC is a complete Code by itself and in Innoventive Industries Ltd. vs ICICI Bank that the Code is a single Unified Umbrella, covering the entire gamut of law relating to insolvency resolution of corporate persons and others in a time...
The Constitutional Court And The 'Attached Office'
"Professional PIL shops must be locked down till the country comes out of COVID-19 tragedy" – Solicitor General for India.I will start by confessing that when the Courts decided to shut down in the face of the pandemic, I was nervous. We aren't used to functioning without the general and benign supervision of our Courts. As the Delhi government announced a lockdown on the evening of March 22nd, it was clear that everybody had forgotten about those who earn from one meal to the next. Thus in the...