Law Firm Articles
Applicability Of Force Majeure And Doctrine Of Frustration During COVID-19: An Interpretation
The two viewsThe devil is, as they say, in the detailORThe day is done when we can excuse an unforeseen injustice by saying to the sufferer, 'It is your own folly. You ought not to have passed that form of words. You ought to have put in a clause to protect yourself.' We no longer credit a party with the foresight of a prophet or his lawyers with the draftsman ship of a Chalmers.The clause of force majeure must be one of the many controversial matters in the times of Covid-19. This WHO...
Think Before You Ping!
Communally colored messages and fake news items are all over social media platforms including Whatsapp and Facebook. Senior police officials across the country have already rung the warning bells cautioning strict legal action against those inciting communal feelings and spreading fake news regarding the coronavirus on social media platforms. Law in India may not have necessarily caught up with the pace of technological progress. However, the legal implications of the use of technology and...
Implications Of Supreme Court's Order Of Free Testing (And Its Modification)
The supreme court on 8.4.2020 passed an interim order in Shashank Deo Sudhi v. Union of India &Ors. directing, inter alia, that the tests relating to COVID-19, whether in approved government laboratories or approved private laboratories shall be free of cost shall be conducted free of cost. In this regard, the court directed the State to issue necessary directions immediately. In an advisory dated 17.03.2020 issued by the ICMR, the cost of screening and confirming COVID-19 was...
Right To Profess, Practise And Propagate Religion In The Time Of COVID-19
The ongoing crisis and the advent of pandemic/epidemic has also led to some very interesting and important legal issues. One such issue, which is being discussed presently is the balance between Fundamental Right of a citizen to profess, practice and propagate religion as against the right of others to have a healthy and safe environment and surroundings, and duty of the public at large to follow the mandatory directives issued by the authorities from time to time. The phrase which...
Impact Of COVID-19 On The Real Estate Sector In India
As the COVID-19 continues to disrupt vital aspects of the Indian economy, it is no alien to the already plunging real estate sector in India. The real estate sector is the largest employer after agriculture in India and accounts for 8 percent in India's overall GDP.[1] Federation of Indian Chambers of Commerce and Industry in its report Impact of COVID-19 on Indian Economy noted that the real estate sector suffered major setbacks from the economic slowdown resulting in poor housing...
A Review Of The Foreign Investment Approval Process In India
With the aim of enhancing "ease of doing business" and "promoting the principle of Maximum Governance and Minimum Government", the Government of India abolished the Foreign Investment Promotion Board ("FIPB") on May 24, 2017. In its place, the relevant administrative ministry/department in consultation with the Department for Promotion of Industry and Internal Trade ("DPIIT") are now directly responsible for processing applications for foreign direct investment ("FDI") in India in...
WHY COVID-19 Situation Has NO Implication On The Commercial Leases?
Government of India has invoked powers under the Epidemic Diseases Act, 1897 ("Epidemic Act") to enhance preparedness and containment of the novel corona virus and declared COVID-19 ('Corona Virus & Disease') a 'notified disaster' under the Disaster Management Act 2005 ("Disaster Management Act"). Accordingly, competent authority issued several measures[1] to be taken by the Government of India, State, U.T Governments for the containment of COVID-19 in the Country. One of such measure...
Recommendations Of The Insolvency Law Committee: Time For More Changes In IBC
The bankruptcy law framework of India has undergone changes several times since it came into force in the form of the Insolvency and Bankruptcy Code, 2016 ("Code"). Recently, changes have been made in the Code via the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2019 which has now been repealed by the Insolvency and Bankruptcy Code (Amendment) Act 2020. Further, the Insolvency and Bankruptcy Board of India ("IBBI") also keeps amending the regulations to bring them in line...
Impact Of COVID-19 On Contractual Obligations
The rise of COVID-19 (coronavirus) epidemic which began in early December 2019 in a Chinese state named Wuhan led to become one of the most deadly global crisis with thousands of deaths and complete lockdown across various nations. Due to this epidemic, global health seems to be of utmost importance. However, the rapid transmission and unsuccessful containment measures are leading the global economy into a state of havoc. India has also hundreds of confirmed cases of COVID-19 and its ...
E-Commerce In India And Legal Challenges Faced By It Under The Indian Tax Regime
India has an internet user base of about 475 million as of July 2018, about 40% of the population. Despite being the second-largest userbase in the world, only behind China (650 million, 48% of the population), the penetration of e-commerce is low compared to markets like the United States (266 million, 84%), or France (54 M, 81%), but is growing, adding around 6 million new entrants every month. With the e-commerce industry in India rising at a booming rate, more so with the invasion of...
The Judicial Turmoil
The occurrence of COVID-19 virus pandemic has unquestionably toppled the entire nation. The global outbreak has caused widespread unrest and triggered some major tests on management systems across the world. Not even one sector is unaffected barring possibly the pharmacy sector. From industries such as travel, logistics, technology, banking, insurance to industries like hospitality, essential goods manufacturers and distributors, retailers and entertainment are substantially affected by...