Articles
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...
The Growing Relevance Of Babasaheb Dr B R Ambedkar, Chief Architect Of Indian Constitution
"Political democracy can't last long unless there lies at the base of it, social democracy. Social democracy means, a way of life which recognizes liberty, equality and fraternity as the principles of life", Dr Ambedkar
From BCCI To HCC – No Automatic Stay On Enforcement Of Awards
The Supreme Court of India ("Court") in 2018 decided that there would be no automatic stay on enforcement of arbitral awards when an award is challenged under Section 34 of the Indian Arbitration and Conciliation Act ("IAA"). On November 27, 2019, the Court struck down an amendment to the IAA which sought to revive the automatic stay regime and reiterated India's commitment to be seen as an arbitration friendly jurisdiction. The present article will analyse the decision of the Court...
The Suspension Of PC-PNDT Rules - Has The 'Sex Test' Ban Really Been Lifted?
The recent Ministry of Health and Family Welfare notification dt. 4th April 2020, has come under fire for the suspension of certain Rules of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. It has been widely reported that suspension of these Rules amounts to lifting of the ban on sex selection and sex detection. There is also an apprehension that this suspension might lead to a functioning of the Genetic labs and ultrasound clinics without...
Tribute To Ashok Bhai- Senior Advocate Sanjay Hegde
"Ashok Harilal Desai was an exemplar of a dying breed of gentleman lawyer, who may have won or lost a case, but never lost a friend". My first memory of Ashok Bhai is from my time as a law student of KC Law College. I remember him as a distinguished looking lawyer walking from the Bombay High Court, crossing the Cross Maidan and passing by KC Law College, to his house in Churchgate. I knew him by reputation as a fierce defender of Freedom of Speech. He was the Senior Counsel for...
A Critique Of MCA Circular Excluding Donations To State COVID-19 Funds From CSR Expenditure
Introduction Section 135 of the Companies Act, 2013, mandates all companies, having net worth of 500 crore, or turnover of 1000 crore or more or a net profit of 500 crore or more during a financial year to constitute a Corporate Social Responsibility ("CSR") Committee Board. The responsibilities of the Board are enumerated thereunder, with the object of ensuring that every company spends, in each financial year, at least 2% of the average net profits of the company, in pursuance of its...
Central Vigilance Commission Act, 2003: An Overview And The Need To Give It More Teeth
The Central Vigilance Commission Act, 2003 ("CVC Act") was enacted by the Parliament in 2003 and received the assent of the President on 11th September 2003. The Act provides for the constitution of Central Vigilance Commission ("CVC") to inquire or cause inquiries to be conducted into the offences alleged to have been committed under the Prevention of Corruption Act, 1988 ("POCA") by certain categories of Public Servants of the Central Government, corporations established by or under any...