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Showing posts with the label Ms.Tanushree Gupta

HISTORICAL BACKGROUND OF ESSENTIAL COMMODITIES ACT

  Essential Commodities Act is an Act for the benefit of public at large which basically made rules and regulations with respect to control, production, supply and distribution of certain commodities. This act was recently in news as one of the three farm laws and has been repealed as per the demands of the various farmers all over the country. Here I would be discussing about how this Act came into being and why. This act was initially imposed during the World War II as a part of the Defence of India Act 1939. The Defence of India Act had inflicted martial law in the whole country. Special Courts were instituted under this Act and it was ruled that there shall be no appeal from the decisions/verdicts of these courts. Everything was in the hands of Central government. They could make any such rules which were considered essential for securing the defence of British India and also could make any rules regarding maintenance of supplies and services expedient to the life of communit...

UNIFORM CIVIL CODE AND ITS HISTORY

  India has number of laws when it comes to its personal laws or family laws to be specific. Every religion has their own personal laws be it Christians, Parsis, Hindus or Muslims. Some of these laws are codified some of these are not, some are old and some are new,  needless to say this system has created disharmony and confusion in our family laws  at the present.   India in its Constitution has tried to establish the ideal of secularism and it in that regards is trying achieving the status of Uniform Civil Code in the country. UCC is enshrined under Art. 44 of the Constitution stating “the State shall endeavor to secure for the citizens a uniform civil code (UCC) throughout the territory of India.”.  UCC basically calls for framing of one common law for the whole of India which is applicable to all people irrespective of their religion in matters relating to marriage, divorce, inheritance, adoption etc.  UCC would help in laying down protection to t...

BITCOINS AND THE RISK INVOLVED

  What is bitcoin? Bitcoin is basically an open source, peer to peer digital currency. Amidst many other things, what makes bitcoin exceptional and distinctive is the fact that it is the world’s first completely decentralised digital payments system that is to say that it is under no centralized authority. Santoshi Nakamoto in the original whitepaper that he published on bitcoin in 2009 had said that trade and commerce on internet is solely dependent upon financial institutions filling in as trusted third parties in order to process electronic payment . For instance, if X wants to send 1000 INR to Y over internet, he would have had to depend upon a trusted third party like Paypal or Google Wallet. These parties keep a record or ledger of their account holder’s balances and when this third party would send money to Y they would deduct 1000 INR from X’s account balance and would add it to Y’s account. Although this system functions well enough but it has certain limitations like marg...

IMPORTANCE OF FORCE MAJEURE IN COVID 19

COVID 19, it seems has changed the world forever. Barely a couple of months ago this virus was declared   a pandemic on 11 th March 2020 by World Health Organization, and in such short a time it has impacted each and every one on this planet [1] . It has made an adverse impact on almost all the economies of the world as major populations have been under some form of lockdown. Thereby, the pandemic has disrupted the normal functioning of industries and businesses which has further disrupted the day to day working and has resulted in affecting various operations and contracts. People are rightly afraid that the restrictions imposed on movement of people and goods would result in nonperformance of contracts by the parties involved. During such times the parties are trying to ascertain what will be their rights and remedies on non-performance of contracts. In such uncertain times the clause of ‘force majeure’ might come in handy for the parties involved. The Black’s Law Dictionary d...

DELHI CHOKES AFTER DIWALI DESPITE THE BAN ON CRACKERS

Delhi has now rightly attained the notorious image as one of the most polluted cities in the world especially during the winter season. This season starts with Diwali which is one of the most celebrated and popular Hindu festival in the country. The festival is marked by lighting of earthen diyas and burning of crackers which does not help the situation of rising pollution in the city. The city basically becomes a toxic gas-chamber by the time festivities die down. In order to fight with rising problem the Supreme Court in 2017 put an immediate ban on the sale of conventional crackers in the city of Delhi and NCR [1] .   Also in 2018 the Supreme Court ruled that only Government approved ‘Green crackers’ with fewer emissions shall be allowed. Even after such ban, the pollution level in Delhi along with that of NCR has reached to such critical level that we are basically living in situation of health emergency. After Diwali the AQI (Air Quality Index) dived to the level of ‘ver...