COVID 19 And Economic Package: A Future Enabler Or An Immediate Relief?

The announcements made on 16.05.2020, being the 4th tranche of the special economic package, will surely provide yet another feather in the cap that our Hon'ble Finance Minister, Nirmala Sitharaman, has on. The schemes and opportunities laid down in this announcement will surely go down in history. It changes our way of looking at, and approaching, the infrastructure industry. For the sake of relevance, I will be sticking to the policies provided for mining, aviation, power and viability...

Digitalisation Of Court Proceedings

The COVID-19 pandemic has made social distancing and video conferencing the new normal. This paper aims at current difficulties in adapting video conferencing as a long term method for conducting court proceedings, followed by a few suggestions. E-filing Recently the Hon'ble Supreme Court issued a Standard Operating Procedure (SOP) for E-filing and hearing through Video Conferencing. The SOP provides the link to the detailed e-filing procedure, which eliminates the need for...

Has Supreme Court Taken A Step Back In Its Recent Judgment In "Nafed Vs. Alimenta S.A."?

The Supreme Court on April 22, 2020 declared a foreign award unenforceable on the ground that one of the provisions of the Agreement in question was hit by Section 32 of the Indian Contract Act, 1872 and thus violative of public policy of India. Brief Background: NAFED and Alimenta S.A. entered into a contract dated January 12, 1980 ("first agreement") for the supply of 5,000 metric tonnes of Indian HPS groundnut ("commodity"). Clause 11 therein provided that terms and...

Preparing For UPSC With Law Optional Subject - A Definitive Guide (Part - 1)

After my previous article comparing both civil and judicial service, I got a lot of emails with regard to queries related to law optional in UPSC. This is the first part of a series of two articles and it will attempt to answer all those questions in brief. Mostly Students wanted to know the book list for UPSC law optional or non-law graduates wondering whether they should choose law optional at all in UPSC Mains? or what preparation strategy one should follow and What are the...

Initiation Of Corporate Insolvency Resolution Process [Part- I]

Adjudicating Authority: Scope Of Jurisdiction

Suggestions For Phased Restoration Of Normalcy In Subordinate Courts In Delhi

The life is precious but life without livelihood is a death knell and people may die a mental death (and not the actual death) more from economic inactivity than the disastrous disease. The perennial and pervasive closure of courts have ushered havoc on economic activities of the practicing advocates (significant and primary stakeholders) and have otherwise rendered litigants out of bounds to justice system, except in extremely urgent ma†ers during suspended functioning of the courts. The same...

COVID-19: Effect On Infrastructure Projects, A Legal Perspective

The entire world has been severely impacted by the unexpected outbreak of the COVID-19 pandemic. As the impact of this pandemic continues to expand, the infrastructure projects are facing historically significant challenges regarding financial pressure, labor shortage, hindrances in the supply chain and so on. The outbreak of COVID-19 is already disrupting the project development and finance markets in profound ways. The pandemic has created an enormous amount of uncertainty as the...

Data Protection Laws And Their Importance

In this article, we will explain why data protection is important to private persons, what companies in India need to do in order to protect personal data and the penalties for failure to protect customers' data. On August 24, 2017, a nine-judge bench of the Supreme Court of India in the Justice K.S. Puttaswamy (Retired) v Union of India[i] ("Puttaswamy") unanimously recognized that the right to privacy is an intrinsic part of the right to life and personal liberty under Article 21. In a...

COVID-19: Implications On The Data Protection Framework In India

The outbreak of COVID-19 and its development into a pandemic has led governments across the world to take extraordinary measures to protect their residents. The Central Government and various State Governments in India, along with public-health authorities, not-for-profit organizations and corporates, are collecting, tracking, and using information about individuals to slow down the spread of COVID-19; however, since a large proportion of such information could be categorized as 'personal...

COVID-19: Certain Issues To Consider For Listed Indian Companies

While corporations across the globe brace for the full impact of the coronavirus disease 2019 (COVID-19) pandemic on their business, operations and financial results, listed companies need to be mindful of additional compliance requirements and responsibilities.Set out below are certain considerations which are relevant for listed Indian companies in the current COVID -19 scenario.PERIODIC DISCLOSURES AND REPORTING Under the Securities and Exchange Board of India (Listing Obligations and...

Complexities In Cross Border Transactions Due To COVID-19

The global eruption of the COVID-19 pandemic has dented International trade to a great extent which is both, the basis and the product of globalization. The pandemic has hampered businesses and trade across the globe with its spill overs passing on to the indigenous businesses as well. In order to curb the spread of COVID-19, various measures such as Lockdowns, restrictions on movement of goods and sealing of borders have slowed down the economy across the globe, leading to a historic...

To Dissent Or Not To Dissent With The Resolution Plan- Predicament Of The Financial Creditors

The legislative intent of the bankruptcy framework of India, which is codified in the Insolvency and Bankruptcy Code, 2016 ("Code"), is resolution and revival of the financially distressed entities, which have defaulted in their payment obligations, so as to benefit not only such entities but also their stakeholders (including employees and workmen) in equal measure. In order to achieve this objective, the Code has envisaged constitution of Committee of Creditors ("CoC") ...