Just Social Lawyering!!

Covid-19 has been declared a worldwide pandemic by WHO and because of which manufacturing, trading and all other commercial activities across the globe came to halt and created an act or event which is phenomenal and never witnessed in human history as far as I remember. The Parties are invoking force majeure clause and claiming excuse to perform the contractual obligations whereas parties on other hand are taking pleas that it’s not a force majeure event and parties can still perform their contractual obligations as enumerated in the contracts. I was researching all these legal aspects and here is my small note on the subject. The Indian Contract Act, 1872 as such has no word “ force majeure ”, however, its concept can be traced in Section 56 of the Indian Contract Act which says that “an agreement to do an act impossible in itself is void”, which is more or less based on “doctrine of frustration” of contract. The concept of force majeure has its origins in Roman law. Roman ...

Is corona virus a Biowarfare of Communist China It is not hidden that communist leadership of China has the ambition to change the global order. The Chinese President had called his nation “to lead the reform of the global governance system” and it ambition started exposing when China surpasses the USA in purchasing power parity. Chinese President, on one hand, is strengthening his authoritarian control on his population and on the other hand is seeking the international system to be more authoritarian as well and the recent outbreak of Covid-2019 is part the strategic plan of the Chinese Think Tank to surpass USA and change the global order as early as possible. Most of us would be unaware that in the month of April 2012, an outbreak of acute respiratory illness was reported by the Ministry of Health in Jordan wherein 11 patients in ICU of a Hospital in Zarqa died, later on, in September, 2012, a saudi patient was also died in Soliman...

As we all knows that dishonor of cheque is a criminal offence and punishable by imprisonment up to 2 years or with fine which may extend to twice the amount of the cheque or with both. Chapter XVII (which criminalize cheque bounce) was incorporated for penalties in case of dishonor of cheque due to insufficiency of funds in the account of the drawer of the cheque in the year 1989, since provisions have been found deficient in dealing with dishonor of cheque, Government further amended Section 138, 141 & 142 of the Negotiable Instruments Act, 1881 in the year 2002 wherein 2 years imprisonment or fine upto twice the amount of cheque or with both was provided.  As Central Government received several representations from the public including trading community relating to pendency of cheque dishoured cases in the Courts and delay tactics adopted by the unscrupulous drawers of the dishonoured cheque which is causing injustice to the payee and who has to spend considerable time ...

In December last year, Parliament passed the Repealing and Amending (Second) Bill, 2017 whereby various obsolete Laws were repealed, one of the significant act which was in law books since 1876 was also repealed which had given headache to the theatre artist for more than century. The Act was implemented by British Government to prohibit public dramatic performances, which are scandalous, defamatory, seditious or obscene. Modern Indian theatre was developed during the colonial era and in order to resist its use as an instrument of protest against colonial rule, the British Government had passed the said Act. In the year 1858-1860, Dinabandhu Mitra wrote a play Nil “Darpan “which brought anti-british subject matter to the general public depicting colonial planters ruthlessly oppressing poor peasants and Rev.James Long who translated the play in English was fined and imprisoned in the year 1861. In 1876, soon after Edward, the Prince of Wales, visited Calcutta, the Great National The...

OBJECT: The objective of the Insolvency & Bankruptcy Code, 2015 is to consolidate and amend the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner. As we are aware that there is no single law in India that deals with Insolvency and Bankruptcy. As per present legal framework, provisions relating to Insolvency and Bankruptcy for companies can be found in the Sick Industrial Companies (Special Provisions) Act, 1985, the Recovery of Debt to Banks and Financial Institutions Act, 1993, the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the Companies Act, 2013. Liquidation process of the Companies is being handled by the High Court under Companies Act and other Courts are dealing Insolvency & bankruptcy of Individual. As the existing framework is inadequate, ineffective and results in undue delays in resolution, therefore the Insolvenc...

Jawaharlal Nehru University (“JNU”), a central university was established by the laws of parliament with an objective to promote the study of the principles for which Jawaharlal Nehru worked during his life-time, national integration, social justice, secularism, democratic way of life, international understanding and scientific approach to the problems of society. [1] On 09.02.2016, a Cultural Evening was organized by Student Group calling it “Poetry Reading: The Country without Post-office” and despite being cancellation of the Event by JNU Administration, Organizer went ahead and organized the programme where allegedly certain objectionable slogans were raised against the country resulting into arrest of JNUSU President Kanhaiya Kumar and as expected, politics of left, right and centre wing started on the issue and warring forces started questioning the motives and forceful enforcement of ideology etc., which is not the subject matter herein. I am confining my write-up to the free...