Criminal

The Coronavirus Crisis- some legal aspects

Cornavirus Crisis- some legal aspects with focus on Indian Law The novel Coronavirus has been declared a pandemic in India. UPDATE 25th March 2020 The Government of India has, for the first time, invoked the National Disaster Management Act (NDMA) . While health is a State subject in India, this invocation brings all states under Centre's control for all steps pertaining to the battle against has wider ranging powers and provisions than the Epidemic Diseases Management Act 1897 that was so far being invoked. Centre can make national plans , and can take action against anyone obstructing their implementation. The…
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Consumer

Justice delayed – Loong Road to Justice, Indian Ishtyle !

Justice Delayed is Justice Denied ! Justice Delayed is Justice Denied - so said Gladstone, and oft repeated by all the Wise (wo)men ! But there is Law,there are Lawyers and then there is the Complainant who generally has hardly any knowledge of law,except that he has been wronged and a law exists, hopefully to help him. But when people just give up , or even die while the case meanders through, justice delayed is a problem of critical proportions. Here is one example of justice delayed - a personal experience at a Consumer Court , repeated innumerable times in…
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General

A lawyer…

A lawyer never A lawyer never loses ..... एक वकील कभी हारता नहीं …… या तो जीतता है या फिर सीखता है !….A lawyer never loses- either he wins or he learns !
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General

The Missing Comma

The Missing Comma- and what it can cost you ! Sometime ago I wrote about the importance of precise and correct drafting, including correct usage of words. You can find that article at : Or via LinkedIn at: Found an example of what imprecise drafting can lead to. Here , a missing comma cost a company about US Dollars Five Million !! The case is an example of an 'Oxford Comma'. So , firstly what is an 'Oxford Comma' ? It is a comma that precedes "and" or "or" in a list of three or more words in a sentence. For…
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General

Legal Drafting

Reviewing another contract of a client, I was reminded yet again of the absolute criticality of correct legal drafting. Even a small mistake can make a huge difference. And maybe discovered when it is too late. A draft when agreed and signed upon is a legal document. Any mistakes in it- and some may be too small to be easily detected - can have huge consequences ; For example, 'demure' and 'demur' both will not be flagged by your personal computer. But perhaps only one is right for legal drafting ! Yet I see many contracts with the other :-)…
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Civil

Recording of Court Proceedings

Not only must Justice be done; it must also be seen to be done .. is oft repeated. And indeed Justice is supposed to be done in public.  Unless decided by the Court to be an " in camera " trial, one can simply visit the Court and watch the proceedings. Even Court Records - submissions by different parties and then the final judgement - is supposed to be Public and accessible to anyone. In Theory. Come the Digital Era then, the logical next step would have been recording of Court proceedings. And indeed the more advanced countries seem to…
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