Explicit Embargo on The IBC: A Masterstroke Or A Desperate Move?

The current pandemic has brought with itself a whole slew of problems. The novel coronavirus (SARS-CoV-2) onslaught has resulted in the entire world economies coming to a standstill. This is an unprecedented scenario. The situation pertinent to India is no different and consequently, the Indian economy is standing no fairer than others. The forecasted growth rate of India is gaining momentum in the downhill direction. The growth rate predicted by the United Nations has been slashed down to a mere 1.2 percentile in the ongoing year crisis

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Covid 19 And Force Majeure

Around the world, as events have been canceled, restaurants and businesses shuttered. The outbreak of COVID-19 is no new news. It’s existing in the world economy from the past six months or even more, but India strictly observed the precautionary steps by implementing lockdown since March 2020. COVID-19 has not only affected the economy but its later effects include the “Impossibility of Performance of Contract.” Lockdown leads to a temporary shutdown of business intra-state, interstate, and foreign trade as well.

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Law and COVID-19

Covid-19 a deadly virus which got detected in Wuhan, China which is in Hubei province at the end of December 2019, It came to the knowledge of W.H.O[1] in January and it was declared as a Global Pandemic by W.H.O on 30th of January 2020. According to Chinese scientists[2], the virus originated in the vet market in a bat and somehow hopped to another animal, possibly the pangolin which then passed it on to a human and now the virus is spreading from person to person without any animal intermediary. The first case of the coronavirus in India came to light on 30th January in the state of Kerala.

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Protection In Respect of Conviction For Offences, Article 20 An overview

Article 20 is one of the essential pillars of fundamental rights guaranteed by the Constitution of India. It mainly deals with the protection of certain rights in case of conviction for offences. When an individual, as well as corporations, are accused of crimes, the provisions of Article 20 safeguard their rights in order to attain the Justice, equity and good conscience.

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Basics of Strict Liability and Absolute Liability

Strict liability is a concept that holds a party responsible for their actions or products, without the plaintiff having to prove negligence or fault. In Strict Liability, a person may be held liable for some harm even if there is no negligence on his part or he has no intention to inflict such harm i.e. even if the person has taken necessary precautions, he would be made liable under the doctrine of strict liability.  That is why strict liability is also known as ‘no-fault liability’.

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Right Against Exploitation: Article 23 & 24

Before India got independence, our Indian society mollycoddled the caste system and entertained evil social practice, the significance of which is still somehow fresh in independent India. People abhor lower caste people, tender them to be unmerited people and fit for no work, the only work they can do is either as a labourer or a slave of someone. they do not get any chance of better employment to represent them in a proper platform to enhance the obscure status of their caste. Results of this pretentious noble people exploit them for their misdeeds and for-profit, in modern days traffic of humans especially of women and children showed to be the reclining reason for exploitation in the form of prostitution, bonded labour & begar. Although the need to maintain balance in society was observed by the Constitutional framers prematurely, made a solution according to the prevailing condition of social order. To avoid evil practices and to secure the dignity of life and the happy living of every citizen, incorporation of Article 23& 24 makes better annotation.

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Waging War Against The Government Of India: Section 121 & 121A

Indian penal code 1860, provides offences by the virtue of wrongful act and also ascribes the punishment of the same offence. In chapter V1 of Indian penal code offences against the state defined. One of the offences against the State is, waging war or attempting to wage war against the government. Here war is not a conventional war between the two countries, organizing and joining resurrection against the government of Indian can be termed as waging war against the government of India. Lucabate section 121 in detail.

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FOUNDATION OF BASIC STRUCTURE DOCTRINE: THE POLITICO – JUDICIAL DRAMA

The Doctrine Of Basic Structure Was Primarily Propounded By Justice Hr Khanna, A Former Judge Of The Apex Court Of India He Was Of The Opinion, That  The Constitution Has Certain Basic Principles Upon Which The Whole Spirit Of It Stands.
According To Article 368,  Parliament And State Legislatures Have The Authority To Amend The Constitution Within Their Respective Jurisdictions. However, The Power Is Not Absolute In Nature. The Constitution Empowers The Judiciary  To Interpret The Constitutional Validity Of The Laws Made By The Legislature.
If A Law Violates Any Of The Provision Or Is In Contravention Of It, The Judiciary Has The Power To Declare And Quash It Down.

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An Introduction to Tort of Negligence

Generally, the word negligence is used as a synonym of the word ‘carelessness’. But, when we talk about its legal sense, it signifies a failure to exercise the standard of care which a reasonable man should, by law, have exercised in the given circumstances. So, Negligence can be described as a situation in which damage is caused to a person because of the careless act or omission of the other person. In other words, it is a failure to take proper care over something or breach of a duty of care which results in some damage.

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Concept Of Quasi-Contract, Under Indian Contract Act, 1872

What if your neighbour ordered a pizza, but it was delivered to you by mistake, and you galloped it, are you bound to pay him? What if you are standing on the roadside and auto-rickshaw comes beside you and the driver asks, do you want to go sector 22 and you sit in the rickshaw, without contemplating about the fare, are you bound to pay? Yes, you are bound to pay in both conditions you can’t make excuses that there was no contract. 

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