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Conundrum Between School Management and Parents

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  Due to the Covid19 pandemic, it cannot be denied that all sectors of the economy are forced to face these troublesome times, which is giving rise to many disputes. It is to mention here that from the very start of the pandemic among many sectors education being one of them is riding on rough waves. Several disputes are rising in this sector; one such dispute revolves around the fees of the academic year during pandemic.  On 3 rd  May 2021, Hon’ble Supreme Court was finally able to settle one such dispute between Parents and School management in the case of Indian School, Jodhpur & Ors vs State of Rajasthan & Ors.  . Division Bench comprising of Justices AM Khanwilkar and Justice Dinesh Maheshwari gave a decision which allows school management to collect fees from the student as fixed under the Rajasthan Schools (Regulation of Fee) Act, 2016 (hereinafter to be referred as the act of 2016) and Rajasthan Schools (Regulation of Fee) Rule, 2017 (hereinafter to b...

Compulsory Licensing amid COVID19

    The world moreover our nation is going through harsh times wherein in more than 3 lac cases (3,48,555 on 11 th May) of COVID-19 are coming up every day, it is to be noted here that figure of active cases has reached 36,99,683 (as of 12 th May). Many states have imposed lockdown to break the chain and curb the spread of COVID-19 apart from that vaccination drive is also going on though at a very lethargic pace, according to various government sources as of now around 17 Crore have been vaccinated. Basically in India, there are two vaccines which are manufactured i.e. Covishield by Serum Institute of India (sub-lease from AstraZeneca) and Covaxin by Bharat Biotech, apart from these two many countries are also sending their vaccine as Aid (Russia’s Sputnik). As mentioned before pacing of vaccination, drive is very slow going and unrushed, and after considering the article published in India Today it is apposite to say that considering the current pace of the vaccination d...

Supreme Court, Prashant Bhushan Contempt Proceedings and issues involved.

In my humble opinion, I was within the rights of journalists in publishing the letter in question and making comments thereon. I believed the letter to be of great public importance and one that called for public criticism. – Mahatma Gandhi The above statement was made by Mahatma Gandhi in the contempt case initiated against him by the Bombay High court in 1920. Recently Prashant Bhushan made similar statements before Hon’ble Apex Court which found him guilty of the Contempt, he said that "I do not ask for mercy, I do not appeal to Magnanimity, I am here to cheerfully submit to any penalty". Therefore because of the similarity between the above two statements several of the supporters of Prashant Bhushan are drawing a comparison with Mahatma Gandhi. It is humbly submitted here that before I begin I would like to clarify that nowhere I intend to critically analyze the judgment whereas in this section I merely intend to shine the light on every aspect of the facts and issues in...

COVID 19 force majeure and it’s effect on the performance of contracts.

As the whole world is struggling to curb the spreading of COVID-19 pandemic i n 2019 who would have thought that we will witness a sudden wave of transformations in various fields . It is apposite to say that desperate times call for desperate measures.   The impact of COVID-19 can be seen in the commerce and business also as the lockdowns have vehemently restricted the movement required for these businesses. As they say that every action has an equal reaction thus the above restrictions have influenced the contracts and other liabilities of the businesses forcing them to interpret the force majeure clause. What is force majeure? In layman language force majeure can be said to be any unforeseeable circumstances that prevent someone from fulfilling a contract. Even though the word force majeure has never been specifically defined in the Indian Laws, however, one can find the genesis of the same under section 32 of the Indian Contract Act 1872.    Section 32 Enforce...

MSME”s- Local ko Vocal- Government policies to assist MSME’s (Tourism Sector)

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Well unlike previous sections wherein we usually discuss the recent or upcoming legal issues in the country today our focus will be mainly on Micro Small Medium Enterprise’s (hereinafter to be referred as MSME’s) and the government policy (especially Rajasthan Government) so as to encourage MSMEs. Recently Hon’ble PM Narendra Modi coined the term “Local ko Vocal” highlighting the importance of local manufacturing, products, and service. In fact in pursuance of the PM idea, Ministry of Home Affairs has issued an order wherein CAPF’s canteens have been directed to sell only indigenous products from 1 st June. It is apposite to say that like the whole world Indian economy is also going through some hard times due to COVID-19 pandemic thus Government of India had announced Rs. 20 Lakh Crore to help bring the struggling economy back on its feet. It is pertinent to mention here that out of the above-said amount government announced Rs. 3 lakh crore as an Emergency Credit Line Guarantee Sc...

Epidemic Diseases Act 1897 and other relevant law

Recently WHO after making a thorough assessment has characterized COVID -19 as a pandemic, thus it should not be taken lightly. One should understand that all the past pandemic outbreaks have affected billions and have wiped out millions of people, as of now, there are lakhs of persons affected by COVID-19 in the world and in India there is 332 total no. of cases (Till 21st March). From time to time Various state government and union government has deployed numerous preventive measures to curb the spreading of coronavirus. The state of Rajasthan has imposed gathering restrictions under section 144 of CrPC in the entire state similarly, Maharashtra, Delhi, and various other states have implemented various preventive measures. It is pertinent to mention here that not only state but even various high courts will remain close so as to prevent the spread of the COVID-19. Thus it is apposite to say that the government with the help of the public is trying its best to curb the growth of cor...

Lesson: Police and Judicial Reforms required in immediate future.

सुधर जाओ वरना अगर हम सुधरने पर उतर आये तो बहुत नुक्सान हो जायेगा                                        - Dabang Movie Dialogue They say that movies are inspired by the society and reflect the true state of the society; however in the present times it is apposite to say that society is getting more influenced by the movies. Nowadays the morning starts with news which attracts more attention than a plot twist in a blockbuster movie.   After considering some of the recent developments especially the ones involving police it can be said that police officials are following the principles of movie protagonist and are considering themselves as the punisher as well as the executioner.   Recently the whole country was struggling with the tragic news involving brutal rape and murder of a young doctor in Hyderabad. There was a huge public outcry to give stringent punishment to the...