The basic idea of analytical school of jurisprudence is to deal with law, existing in its present form. It is also called Austinian school as its methodology was set up by John Austin. Analytical school believes that law is the direction of the Sovereign. That is why Analytical school is also termed as imperative school.
... Continue Reading.Month: November 2020
Insolvency and Bankruptcy Code (Second Amendment) Act, 2020: Subduing the actual purpose of IBC?
On September 19, 2020, the Rajya Sabha passed the Insolvency and Bankruptcy Code (Second Amendment) Act, 2020 which seeks to replace the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2020. This article aims to analyse the intricacies of the Act and assess the impact of the Act on the corporate insolvency process. I. Introduction Due to
... Continue Reading.SC asks Centre “Why should credit card users get benefit?” under RBI loan moratorium scheme
After the Solicitor General Tushar Mehta, appearing for the Central Govt. has contended that the credit card users would also receive ex-gratia payments. And the banks are obliged to transfer the compound interest waiver under RBI’s loan moratorium scheme to eligible borrowers even without the borrower making such demand. Today, the Supreme Court has asked
... Continue Reading.SC: Uttarakhand Govt. to demolish illegal religious structures on public land till May 31, 2021
Yesterday, a three-judge bench of Justice Ashok Bhushan comprising of R. Subhash Reddy and M. R. Shah has allowed the demolition of four illegal religious structures on public land in Haridwar, Uttarakhand State. However, the demolition deadline has been extended to May 31, 2021. In its plea, the State Government of Uttarakhand has averted that the
... Continue Reading.Delhi HC: Arbitration Act (Part I) doesn’t provide for Emergency Award
On Thursday, (19 November 2020), Senior Advocate Darius Khambata has argued before the Delhi High Court stating that Part I of the Arbitration & Conciliation Act, 1996 does not provide for an Emergency Arbitrator and his award, relying on the provisions of Part I of the Act and the related Case-Laws. During the course of
... Continue Reading.Dapagliflozin Injunction Denied: Of Double-Patenting and Coverage-Disclosure Dichotomy
In a very notable recent order, AstraZeneca was denied an injunction by the Delhi High Court against Intas Pharmaceuticals and Alkem Laboratories (Defendants) in a case relating to the manufacture of anti-diabetic drug Dapagliflozin, which allegedly infringed AstraZeneca’s patents IN 205147 (IN ‘147) as well as IN 235625 (IN ‘625). The order has revealed what could turn
... Continue Reading.Narcotics and Organised Crimes
This Article is submitted by – Uma Sriram Drugs have of late been a part of the Bollywood lifestyle. Till 1984, ‘weed’ that is cannabis, was legal. Now a ‘crack’ team is ‘weeding’ out present users. B-Town, now, is no less than a drug syndicate with drug kingpins, peddlers, suppliers, dealers, and clients. Bollywood has
... Continue Reading.SC seeks response from External Affairs Minister Jaishankar
A three Judge Bench led by Chief Justice of India SA Bobde comprising with Justice AS Bopanna & Justice V Ramasubramanian issued a notice to Jaishankar to file his reply by December 8. On Wednesday, the Supreme Court has sought the response in a petition challenging the Dr. S Jaishankar, External Affairs Minister’s election to
... Continue Reading.Rajasthan HC: Use of A4 Size Paper with Double-sided printing should be mandatory in all courts
The PIL has been filed by law student, Akriti Agarwal, through Advocate Sumit Singhal against an indefinite combination of both Legal size paper and A4 size paper being used in different courts. The using of legal size paper is a British Colonial practice and has been making justice only costly and inaccessible, she has stated
... Continue Reading.Allahabad HC: Criminal Contempt Notice issued to a lawyer who misbehaved with a Civil Judge
Based on a complaint dated 06-11-2020 made by Varnika Shukla, Civil Judge (Junior Division), the Allahabad High Court has issued a notice of Criminal Contempt to a lawyer on 11th November. The matter came up after the allegations made that the Advocate Vijay Kumar Pandey has misbehaved with the presiding officer using abusive language, created
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