April 2020

Financial Emergency and its Impact

Economic and social activities have come to a halt in the entire world including India due to the COVID-19 pandemic. Due to this, the financial catastrophe is getting worse day by day that is why Members of Parliament including; the President, the Vice-President, and the Governors of states have donated 30% of their remuneration for the next one year into the Consolidated Fund of India. In the minds of each and every citizen of the country, there lies a significant question if a Financial Emergency can be imposed. However, Finance Minister Nirmala Sitharaman has ruled out this possibility. But, according to...

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No Special Treatment for Lawyers During Lockdown

Special Treatment

Today, the supreme court refused to entertain the petition filed by advocate Sachin Sharma regarding seeking a direction to the Government to formulate an appropriate scheme to support advocates from paying their rent, exclusively for the professional premises during the lockdown and observed that special treatment cannot be given to the advocates. After the Court declined the petition, the petitioner has withdrawn the petition and stated that we will withdraw the petition and send the same to the Government. In this petition, the petitioner had pointed out that many lawyers pay rent for their professional premises/rented office space during the lockdown period,...

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‘Mutual Will’ Comes into Effect on The Death of Either of The Joint Testators

High Court of Delhi recently passed a judgment in the case of Vikram Bahl & Anr. vs. Siddhartha Bahl and held that the right of the beneficiary under the mutual will accrue on the demise of either of the executants and during the lifetime of the other executant of the mutual will. "The principle of, a mutual will coming into effect and binding also the testator who may still be alive, on the death of one of the two testators, is well enshrined in the Indian Law", observed Justice Rajiv Sahai Endlaw while decreeing a suit. In the present appeal, late Wing...

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Time Limit to File Written Statement

Written Statement

Introduction: Concept of Written Statement The word ‘written statement’ has not been defined in the Civil Procedure Code, 1908. According to Order VIII Rule 1 of Civil Procedure Code, 1908 the defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence. Provided that where the defendant fails to file within thirty days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of...

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Full Refund of Flight Tickets Cancelled During Lockdown

Refund of Flight Tickets

Today, the Supreme Court issued a notice in a plea seeking appropriate directions against airlines to refund of flight tickets, which was canceled due to the nationwide lockdown. The petition filed by advocate Jose Abraham with NGO Pravasi Legal Cell submitted that the amount of the flights should be refunded which were booked during the lockdown and before the lockdown. Further, it was also argued that the amount collected by the airlines must be refunded to those who have booked their tickets before lockdown, but it was canceled due to a nationwide lockdown. The action of non-refund of the number of tickets...

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Religious Symbols as Trademark

Religious Symbols as Trademark

Introduction India being a pluralistic country, there are multiple religions, and everyone has faith in their religion. And the religious sign is an important part of religious culture. The Constitution of India also states that India is a secular country i.e the country does not have one specific religion of its own and its citizens are free to follow the religion of their choice. According to Article 25(1) of the Constitution of India protect and secure the right of the citizens to freely profess, practice, and propagate their religion. In India, everyone has a right to freedom of religion, and using the...

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Restraining Landlords from Demanding Rent from Students and Labor Class Tenants

A plea has been filed before the Supreme Court regarding demand of rent by a landlord from their students, labor class tenants, amid the lockdown. The PIL has been filed by Pawan Parkash Pathak, Advocate, Delhi and Abhijeet (final year law student) Campus Law Centre, Delhi for restraining all landlords from forcing laborers & students to vacate their premises in case they fail to pay rent during the lockdown period. The petitioners pointed out that landlords are forcing the above class citizens to vacate the premises or being threatened to be thrown out of their...

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Plea in SC: Implementation of One Nation One Card

The problems which the world is facing due to the outbreak of novel coronavirus cannot be ignored. One is one of the developing countries where more than half of the population of the country are daily workers. These are those workers who do not have much savings. They are not prepared for the situation like this pandemic. But they are the major part of the country and it is the responsibility of the government to take care of them too. Many of these people are not in their hometown but are staying in temporary shelters due to the lockdown....

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FORCE MAJEURE VIS-À-VIS COVID-19

Introduction Force majeure is a French term that simply means greater force or act of god. These are the circumstances which cannot be avoided and for which no party can be held accountable, such as a hurricane or a tornado. The concept of force majeure is fundamental in the law systems of the entire world stating that a contractual performance that effectively becomes impossible can be excused. As per the Indian context, the Indian Contract Act, 1872 states the existence of condition precedents/contingencies in sections 32. The doctrine of Frustration is enshrined in section 56 of the same act. The force majeure is...

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Affidavit

Types of an Affidavit

What is an affidavit? An affidavit is considered as a written sworn statement of facts given under oath. It’s used as a means of providing evidence in Court, to law enforcement agencies and authorities. In practice content of the law norms and documents which are difficult to directly submit in the court can be issued in the form of a general affidavit. It is made under oath or on affirmation before the magistrate or any other authorized officer in writing. The person who is making the testimony in the form is called the affiant. And when you sign on an affidavit, you affirm that...

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