COVID-19 And Evolution Of Global Health Governance: Lessons In Law, State Responsibility, And Preparedness

The COVID-19 pandemic was not merely a public health crisis; it was a stress test for global governance, national sovereignty, and legal systems. The virus, with its rapid spread and high mortality rate, upended life as we knew it, compelling states to adopt extraordinary measures. From lockdowns to vaccine mandates, from the redefinition of workspaces to the interpretation of contracts under force majeure, the legal, political, and ethical dimensions of governance came under unprecedented...

Cadila v. Roche —Mere Apprehension Of Litigation Not A Sufficient Cause Of Action For Suit

A suit cannot be maintained under the Civil law, merely based on an apprehension of litigation, without any concrete or imminent injury, the Bombay High Court ruled. Dismissing a suit filed by Cadila Healthcare Ltd., the Court ruled that the reliefs sought by the plaintiff were barred under Section 41(b) of the Specific Relief Act[1], and the plaint deserved rejection under Order VII Rule 11 of the Civil Procedure Code[2].Justice Abhay Ahuja, presiding over the matter, held that Cadila's attempt...

Maintenance Under BNSS, Omission Of Word 'Minor', A Major Change

Sec. 125 of Code of Criminal Procedure, 1973 (for short 'CrPC') under the chapter IX which provides for maintenance of the wives, children and parents, have been termed as a social welfare provision and it travels beyond the clutches of the respective personal laws. The Supreme Court in the case of 'Fuzlunbi vs. K. Khader Vali & Anr.' (1980) 4 SCC 125, has went ahead and observed that enactment of the said provision charges the court with a deliberate secular design to enforce maintenance or...

Part Payment Of Cheque Amount, Scope Of Complaint For Balance Amount

The offence under Section 138 occurs only when after the cheque has bounced, the drawee fails to pay the amount due within 15 days from the date of the notice demanding payment issued under Section 138(c) of the Negotiable Instruments Act, 1881. In view of this requirement of issuance of notice under Section 138(c), would a complaint be maintainable in a case where, after the issuance of the cheque, the drawee has made part payment of the cheque amount? If yes, then under what circumstances...

'Offending Sentiments', A Developing Ground Limiting Free Speech

Indian courts are increasingly enforcing an unwritten rule on free expression: you may speak your mind, but only so long as you don't hurt anyone's feelings. In case after case, judges have stepped in to silence or chastise speakers not for violating a law, but for offending 'sentiments'. New judicial trend? This emerging 'sentiment standard' is nowhere in the Constitution, yet it is quietly being written into law from the bench.It is now an “invisible asterisk” hovering over free speech –...

Human Rights In The Age Of Algorithms: Rethinking AI As A Global Public Good

The promises of Artificial Intelligence (AI) are often portrayed as universal, with the potential to solve some of humanity's most pressing challenges. However, reality can be more sobering than what meets the eye. It is only the nations and institutions with resources to research, develop and deploy AI technologies that reap significant benefits, while others remain on the periphery, excluded from this technological revolution. The authors question whether AI, as a transformative resource, can...

Registration Bill 2025 And Its Digital Future

The Registration Act 1908, is the primary legislation in India which is governing the document registration system for more than a century. It is one of the backbone legislations of the country which provides a legal basis for registration of documents affecting immovable property, wills and other transactions. The act covers both public and private transactions. In this digital era because of recent technological advancements and evolving practices there came the need for a forward-looking...

Toward Equality: A Legal Case For Same-Sex Marriage In India

The question of same-sex marriage in India is not merely one of law but of justice, dignity, and constitutional morality. While the Supreme Court's historic decision in Navtej Singh Johar v. Union of India (2018) decriminalised consensual same-sex relations by reading down Section 377 of the Indian Penal Code, it left unresolved the more complex issue of marital recognition for queer couples. Despite recognising the rights of LGBTQ+ persons to love and form intimate associations, the legal right...

Right Of Accused To Get 'Not Relied Upon Evidence' By Prosecution

Disobedience of Trial Courts of the guidelines regarding inadequacies and deficiencies in criminal trials issued by the Supreme CourtOn 20 April 2021, a three judges' bench headed by then Chief Justice of India, S. A. Bobde, and comprising Justices L. Nageswara Rao and S. Ravindra Bhat, delivered a potentially transformative judgement in “Suo Moto Writ (Crl) No. (S) 1/2017 (In Re: To issue certain guidelines regarding inadequacies and deficiencies in criminal trials)” (“Suo Moto Writ (Crl)...

Harvard University And American Dream – A Legal Examination

James Truslow Adams in his book The Epic of America (1931) first talked about “The American Dream” in the following words:“(T)hat dream of a land in which life should be better and richer and fuller for every man, with opportunity for each according to his ability or achievement … (it is) a dream of a social order in which each man and each woman shall be able to attain to the fullest stature of which they are innately capable, and be recognised by others for what they are, regardless of the...

Bar's Veto: Why Judicial Reforms In India Fail To Take Root

In the first article in Livelaw's much needed delay series, authors, Vasudev Devadasan and Amarendra Kumar, recommended the following changes in the Supreme Court to reduce pendency:1. The Court should do away with 'Miscellaneous Days', scheduled on Mondays and Fridays, where the Court conducts admission hearings orally. Instead of oral hearings, the Court can rely on written submissions to decide whether a case has to be admitted or not.2. The Court should take greater control of...

Assignment Of Arbitration Clauses In India – Discovering Consent To Arbitrate

Judicial opinion is split between the automatic assignment of arbitration clauses, on the one hand, and the specific reference requirement, on the other. The former suggests that when a contract is assigned, any arbitration clause in it also stands assigned - however the specific reference theory requires that the assignee must specifically refer to the arbitration clause, consenting to its assignment.A. The Khardah principle: Can an arbitration agreement be assigned?“Assignment” refers to...