We Are All Aware Of The Ongoing Pandemic Situation And How Much Effect The Given Coronavirus Has Had On The World. On One Side, The Indian Judiciary Is Dealing With The Issues Of Compulsory License And Its Grant, And On The Other Side, It Is Surrounded By Various Other Cases Which Require Urgent Attention. Yes, The System Is Remotely Working, Yet They Have Not Failed To Surprise Us With Their Wonderful Judgments On Various Essential Matters. To Know More- Keep Reading The Blog.


1. Banks To Refrain From Acting Upon The Sale Notice: 


The Share Market Had Collapsed Due To COVID-19; Therefore, It Was A Fit Case To Restrain The Bank From Acting Upon The Sale Notices And A Direction To Withdraw Any Pending Sale Orders For The Pledged Shares. (Rural Fairprice Wholesale Ltd. & Anr. Vs. IDBI Trusteeship Services Ltd. & Ors.)


2. Non-Repayment Of The Amount Due On Commodity Items Cannot Be An Exception During A Lockdown:


The Bombay High Court Refused To Grant Interim Measures To The Petitioner, Observing That The Commodity In Question Was An Essential Item And Lockdown Is Only For A Limited Period. Consequently, Petitioner Cannot Resile From Its Contractual Obligation Of Making Payments To The Respondents. (Standard Retail Pvt. Ltd Vs. Gs Global Corp And Ors)



3. Force Majeure Clause Can Be Invoked Wrt Bank Guarantees:


While Granting Interim Relief On The Invocation Of Bank Guarantees, The Delhi High Court Observed That The Country-Wide Lockdown Was Prima Facie In The Nature Of Force Majeure. Therefore, It Could Be Said That Special Equities Do Exist, As Would Justify The Grant Of The Prayer To Injunct Invocation Of The Bank Guarantees. (Halliburton Offshore Services Inc. Vs. Vedanta Limited & Anr)



4. Migrant Workers Problems To Be Suo Moto Heard By Supreme Court:


All Migrant Workers Willing To Return To Their Native Places Must Be Transported Within A Fortnight. The Court Ordered The State Governments And Union Territories To Register The Migrant Workers Who Have Returned Home - At The District And Block Levels - And Provide Employment Opportunities To Them. (K. Ramakrishna Vs. UOI And Ors)



5. Right To Treatment For Covid-19 Is Protected Under The Facet Of Article 21:


Right To Health Is A Fundamental Right Guaranteed Under Article 21 Of The Constitution Of India. Right To Health Includes Affordable Treatment. Therefore, It Is The Duty Upon The State To Make Provisions For Affordable Treatment And More And More Provisions In The Hospitals To Be Run By The State, And Local Administration Is Made."


6. Release Of Prisoners Owing To The Pandemic As A Precautionary Measure:


The Supreme Court Took Suo Moto Cognizance Of The Issue Of Overcrowding In Prisons And Ordered Both The States And UTs To Constitute High Powered Committees To Determine Which Category Of Detainees/Prisoners Can Be Released On Parole Or On Interim Bail. (In RE: Contagion Of Covid 19 Virus In Prisons)


7. Automobile To Continue To Function Despite Strict Lockdown- Policy Framed By State After Due Consideration:

The Madras High Court On Monday (May 17) Observed, "It Is A Policy Decision And Unless It Is Shown That Such Decision Is Absurd To The Meanest Mind, The Court In The Exercise Of The Authority Under Article 226 Of The Constitution May Not Seek To Interfere In Such A Case."

"There Is No Doubt That Due Consideration Would Have Gone Into Choosing Which Industries To Exempt From The Lockdown. There Is Also A Presumption That The Safety Of The Workmen At The Relevant Units Would Have Been Taken Into Account In Arriving At The Decision."


8. Grant Of IGST Exemption On Oxygen Concentrators: 


The Court Had Observed That The Centre Should Consider Granting IGST Exemption For Oxygen Concentrators Imported For Individual Use By Way Of Gift, Having Regard To The COVID-19 Crisis. The Centre, On May 3, Granted IGST Exemption For Oxygen Concentrators Imported By The State Government Or Via Any Entity, Relief Agency, Or Statutorily Authorized By The State Government. This Exemption Is Available Till June 30. 


9. Covid-19 For Young Children In Orphanage To The Maximum Possible: 


The Young Children Who Are Housed In These Orphanages Need Special Protection. The State-Administration Would Ensure Maximum Possible Testing Of These Children, Particularly Considering The Fact That In Recent Time’s Number Of Positive Cases Reported In These Orphanages Is Quite High."


10. Denying The Second Dose Of Vaccine Is Violative Of Article 21: 


On Thursday, The Karnataka High Court Observed That Not Giving A Second Dose Of The COVID-19 Vaccine Will Violate The Fundamental Right To Life Under Article 21. The Court, In Its Order, Said, "Once Dose Is Due It Is The Obligation Of The State Government To Provide The Second Dose. If A Second Dose Is Not Provide It Will Be A Violation Of Fundamental Rights Of Citizens Under Article 21."

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