Ethical Dilemmas During The Times Of COVID-19 Lockdown

As economies plummet and supplies dwindle, while mortality rates spike and panic hits the proverbial roof, we must ask ourselves whether it is legal and ethical to let people die of the virus so that we can survive?

Increase In Threshold For Commencing Insolvency Proceeding

The Union Finance Minister of India announced on Tuesday that the threshold for triggering insolvency proceedings under the Insolvency and Bankruptcy Code, 2016 ("Code") stands increased with immediate effect from Rs.1,00,000/- to Rs.1,00,00,000/-. The Central Government's power to specify such increase is found in Section 4 of the Code : "4. (1) This Part shall apply to matters relating to the insolvency and liquidation of corporate debtors where the minimum amount of the...

Impact Of Raising IBC Threshold On Operational Creditors

On 24th March, 2020, Government of India decided to raise the threshold for the determination of the default from Rs 1 lakh to Rs 1 crore in the light of the recent pandemic outspread of novel coronavirus disease Covid-19, in order to help and aid the functioning of the small companies and MSMEs which might face the threat of defaults owing to the lockdown. This decision has also clarified the intention of the Government to aid the small business owners and companies to survive the ...

5 Years Of Shreya Singhal Judgment : Potential Remains Unfulfilled Due To Weak Enforcement

The Supreme Court of India's judgement in Shreya Singhal v. Union of India delivered on 24 March 2015 is a unicorn in Indian free speech jurisprudence. It was the first and only time a speech restricting law was struck down as unconstitutional instead of merely being read down. As noted by Sekhri and Gupta, the fact that impugned provision, Section 66A was a post-constitutional law which was routinely used by the police sets it apart from other pre-constitutional and rarely applied provisions...

Public Health Care Law Responses To Covid-19

INTRODUCTION Covid-19 [1] is continuing its threat to all human beings , regardless of age, sex, lifestyle, ethnic background, socio-economic status and nationality . It is causing suffering and death throughout the world. The humanity never expected Covid-19 to emerge . Outbreaks are a fact of life, and the world remains vulnerable. Today we do not know when Covid-19 will end , but all that we know at present is that Covid-19 has taken a terrible toll,...

Mr.Ranjan Gogoi's Sham Defence

I have heard all the three interviews given by Ranjan Gogoi to leading TV channels in which he sounded aggressive and brash as usual, besides peevish and immature. His explanation or justification for accepting the Rajya Sabha nomination also appeared ridiculous, if not absurd. At times, it sounded laughable. His immaturity and shallowness knew no bounds when he went personal against his one-time colleagues, declaring Justice Katju "irrelevant" and discrediting Justices Madan...

Courts In Times Of The Corona Virus: Why Courts Cannot Shutdown

"It is confidence in the men and women who administer the judicial system that is the true backbone of the rule of law. …It is in the Nation's confidence in the judge as an impartial guardian of the rule of law." ― John Paul Stevens, former judge of the Supreme Court of United States The Nine: Inside the Secret World of the Supreme CourtThe Covid 19 is not the first and certainly will not be the last of the pandemics. Throughout history, Bacilli, microbes and viruses have...

Every Crisis Presents An Opportunity – It's Time For India To Ramp Up Its ODR Capabilities

Amidst all the measures in India to curtail the spread of COVID-19, one thing that is becoming increasingly apparent is the judiciary's and the legal sector's absolute inability to function remotely (except for the top tier law firms who in any case service a miniscule percentage of corporate sector). Even though CJI Bobde attempted to assuage concerns by stating that virtual courts would be a reality 'soon', those closely following the design and implementation of e-courts project know...

Section 24 of 2013 Land Acquisition Act: A Series Of Misplaced Interpretations

The Constitution Bench has committed a grave error of law by interpreting a non-controversial point incorrectly

Do Ends Justify Means? Calcutta HC's Expansive Reading Of Article 21 In Polish Student's Case

On Wednesday, the Calcutta High Court passed a significant verdict wherein it quashed a Leave India Notice issued by the Foreigners' Regional Registration Office, Kolkata to a Polish national, studying in India. The Polish citizen was served the Notice for allegedly violating his visa conditions as he had participated in political rallies against the recent Citizenship Amendment Act. The Polish national had challenged the said notice before the High Court primarily on the grounds that the...

[COVID-19] Is Arm's Length Enough?

While the exceptional arrangements made at the Supreme Court in its fight against the epidemic are commendable, it is difficult to gain access to the Court without rubbing shoulders. Unfortunately, it is unavoidable and far too ambitious primarily because every individual in the corridors of the Supreme Court is discharging his professional obligation zealously. Are we in any manner exposing the lives of advocates, the officers of the Registry, the security personnel, officers of the...

Ex-CJI As Rajya Sabha MP : Some Warning Signals

The dark shadow cast on the high reputation of the judiciary and on recent judgments should be cleared as soon as possible by all legal means available to re-erect the edifice of faith of the society in the institution.