Showing posts from May, 2020

“COVID -19: Impact on Commercial Contracts”

The author of this blog is Mr. Ayush Kumar Jain , 4th Year BBA-LLB student at University: Presidency University, Bengaluru.                                                               1. Introduction Novel Coronavirus has been reported throughout the world including India. World Health Organisation has declared public health emergency and most of the powerful countries like USA failed to spread this covid-19. By looking that India has imposed lockdown all over the country so that it can be stop from spreading this novel coronavirus. Due to outbreak of Covid-19, business and industries have distracted and also have a impact on market as well as those persons who earns money on daily wages. There has been adverse impact on the commercial markets as well as world’s economy. Commercial contracts plays an essential role in world’s economy and non- performance of commercial contracts affect not only world economy but business also badly. Ascribable to Covid 19 pandemic, parties are un


The author of this blog is Mr. Ankur Jain , third-year Student at the Institute of Law, Nirma University.                                                                  Sniffer dogs are very proficient in the investigation by the police; they are considered as knowledgeable and highly trained animals as they have a tremendous olfactory sense, which helps to trace the offender. However, this evidence not been regarded as strong evidence unless the Court examined the reliability of sniffer dog's skill, and his past patterns of performance were checked. The evidence of the Tracker dog is scientific evidence. The handler of the tracker dog must be highly trained to handle such dogs and can understand the body language of the dogs. In the case of R v Lindsay [1], it was seen that it is on the Dog handler to set up that a dog has been appropriately trained and that over a while the dog's responses show that it is a reliable pointer to the presence of ascent from a particular indi

Certification of Electronic Evidence: under a shroud of Ambiguity

The authors of this blog are Mr. Atharv Arya and Ms. Janhavi Purohit , fifth-year students of the Institute of Law, Nirma University, Ahmedabad.                                            Introduction The value of the evidence is adjudged on the basis of relevance, procurement, storage and production. All the evidences, whether it be oral testimony or documentary evidence their authenticity is decided by the court. In court rooms it is seen that the witnesses lie and manipulate facts even when they are under oath and hence commit perjury. Similarly, it is also seen that documentary evidences may be fabricated. This brings us to the very essential point and that is, that the electronic evidences are also susceptible to tampering. There are a plethora of judicial pronouncements pointing out that the standard of proof for electronic evidence should be more stringent as compared to other documentary evidences. In the landmark case of Tukaram S. Dighole v. Manikrao Shivaji Kokate [1] i


The author of this blog is Mr. Jitesh Kadian , Research Scholar at JNU NCR-Haryana.   The article is basically the analyses whether International Environmental Law can be invoked for making China liable for the COVID-19 pandemic, which is said to have its origin in the wet markets of Wuhan, and if there exists an interrelationship between Right to Health and Environment. The world is currently witnessing an unprecedented health crisis in the form of the COVID-19 outbreak, which is said to have its origin in the wet markets of Chinese city of Wuhan, infamous for its exotic meat products widely consumed by the local populations in the name of prevailing superstitious practices. The virus which has now affected 206 countries , has resulted in a death toll of 1,50,,000 and nearly more than 2.5 crore active corona cases around the world so far. China on the other hand is on a road to recovery and has started lifting the lock downs , which for months made its population live in


The author & co-author of this blog is Mr. Param Agarwal of 5th Year, Institute of Law, Nirma University and Ms. Monika Prajapat of 4th Year, at Institute of Law, Nirma University.                                   Introduction In the contemporary time of COVID-19, where havoc has been created worldwide due to the pandemic, the Indian Judiciary has shown its concern for the sacrosanct right of prisoners' health, which has been enshrined under Article 21 of Indian Constitution. The states have secured the prisoners’ rights by releasing a particular class of undertrials and convicts on bails and paroles. The concept of bail can be traced back to 399 BC when Plato tried to create a bond for releasing Socrates out of prison custody.[1] In general words, Bail refers to temporary release of prisoners prior to their conviction whereas Paroles are given in the latter stage and refers to the release of convicts from jails in exceptional circumstances by suspending the sentence of pr

Rise Of Violence Against Medical Fraternity

The author of this blog is Rania Naushad currently in third Semester BBA LLB(HONS), Government Law College, Thrissur. “It's the best time ever to be a doctor because you can heal and treat conditions that were untreatable even a few years ago.”-Quoted by Joseph Murray. The ferocious activities that has taken place against the medical faculties should be referred to as a mere indication of inhumanity. But such poignant incidents hardly came across Indian debates, journals or even discussions till the menace of COVID- 19 came up in our country. In the majority of the cases (60-70%), such violence took the form of either verbal abuse or aggressive gesture.[1]The prevalence of such violent crimes has augmented from 2006-2017, with the highest violent rate occurring in Delhi, Maharashtra, and Uttar Pradesh.[2] Some reported cases of Violence and study revealing the cause of Violence On 14 June 2018 , Goons tied a doctor to a tree, gang raped his wife, and robbed his


Each query was taken up by Abhijeet Mukherji, Managing Partner, and answered accordingly. To maintain the brevity the tense of neither the queries nor the answer is changed. ASSIGNMENT SESSION-2 (MAY- 21 st -22 nd 2020) Q.1.   The important sections of RERA Act and Flat Act, in reference to the CPC and TPA act? A. The important sections of the Real Estate (Regulation and Development) Act 2016 ·         S.4 ·         S.5. ·         S.18 ·         S.31 ·         S. 36 ·         S.   39 ·         S. 40 ·         S. 58 Ø Where a property is transferred, the law shall assume that everything “ appurtenant” to, attached to and arising out of such property is also transferred unless and express intent to the contrary is provided for in the sale-deed or ought to be necessarily implied. So for this the relevant provisions of TRANSFER OF PROPERTY ACT 1882 are: ·         S.3 ·         S.6 ·         S.40 ·         S.106 ·         S.108 Ø Moving o