The Troubled Relationship between the Tenant and the Landlord during the COVID-19 Pandemic and its Repercussions

Abstract:

The COVID-19 pandemic is the worldwide pandemic of coronavirus disease 2019 (COVID-19) caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). , which originally emerged from China . The government has lay down certain restriction like lockdown and social distancing for containing spread of disease.As a result of governmental restriction and preventative social measures commercial landlord and tenant are now facing complete or partial shut of business operation .It not only affected economic and organisational norm but also deeply affected our relationship both interpersonal and social. Many tenants are facing financial crisis due to Coronavirus and are not able to pay rent. When the tenant default on rent, the landlords suffer and might not be able to meet their own financial obligation such as making the mortgage payments on the rental property, electricity and water charges, insurance, maintenance, property tax, etc.The relationship of any tenant-landlord/ lessee- lessor relationship is pure and simple a contractual relationship based on the free will of the parties ( where the monthly rental happens to be below a specified amount and such a relationship being governed by the various provisions of the Rent Control/ Regulation Acts enacted by various States are situation of exception). This relationship is governed by the contract between the landlord and the tenant which when brought down into writing, forms the Rent Agreement/Lease Deed (Agreement). This Agreement/ Deed is largely governed by the various provisions of the Indian Contract Act, 1872, inter alia and particularly with respect to offer, acceptance, consideration, term, breach and frustration of contract.

Authored by Jyothi Pathak, Gautam Buddha University, Greater Noida.

The Effect of Coronavirus on Mergers and Acquisition

Abstract:

The COVID-19 crisis is extraordinary in both its humanitarian and economic impact, but history suggests how M&A will play out. While the M&A market has contracted, companies that are making M&A moves typically outperform those that do not. Forward-thinking leaders need to act now to rebalance for risk and liquidity, while assessing opportunities for resilience  and growth coming out of the downturn. The Coronavirus crisis has shaken all aspects of human life from their physical well-being to financial stability. These last 9 months since march has been very crucial for conglomerates and SMEs alike. The demand for consumer goods dropped severely triggering solvency challenges among business owners, the non-performing assets of banks sharply rose due to bad living conditions affecting the overall interest rates, and demand for oil fell significantly causing trouble with OPEC supply. We have recovered from economic crises and pandemics earlier as well but the consequences of Covid are still unfolding every day. Businesses are facing the dilemma of uncertainty in the economy, which right now is, more than ever. The consequences are also majorly felt in the Mergers and Acquisitions industry (M&A) as expansion potential is underpowered by the right to life. Companies are prioritizing investing in the well-being of their employees and adjusting to the new way of life than acquiring a new business.

Authored by Devang Bhatia, Guru Gobind Singh Indraprastha University.

Assassination of Fakhrizadeh against International law

Abstract:

The contemporary international system is in deep crisis because its prominent players, the United States of America and many other Western countries, have shirked away from the fundamental principles of Liberal Democracy and Liberal Economy that have for long been the governing principles of International Peace and Order. The Western states are witnessing the rise of ultra-nationalist, populist, right-wing political actors who feel that promoting a liberal democracy is no longer part of Western political rhetoric and discourse. The notion has been further cemented by Western countries preferring to support some of the most authoritarian and despotic regimes and political leaders worldwide such as Saudi Arabia, Turkey, UAE and Egypt against Democratic movements.

Authored by Aniket Rai, Guru Nanak Dev University, Amritsar

Arbitration and Conciliation Ordinance, 2020

Abstract-

With the changing scenario of arbitration processes, the President of India has further enacted the Arbitration and Conciliation (Amendment) Ordinance, 2020 (Ordinance) by adding amends to the Arbitration and Conciliation Act of 1996. This ordinance brings forty that all the stakeholders shall be getting an opportunity to seek unconditional stay of enforcement of arbitral awards where the underlying arbitration agreement or making of the arbitral award is believed to be induced by fraud or corruption. The Ordinance will be beneficial in cases where inherent illegality by fraud or corruption has been ‘prima-facie’ shown in court. However, it will be interesting to see how courts interpret the burden of proving a ‘prima-facie’ case of corruption or fraud.

Authored by Urfi Ansari, Rizvi Law College

The Convention on the Rights of the Child

Abstract:

The convention on the Rights of the Child sets out for those rights that must be realized for children to develop their full potential. The UNCRC consists of 54 articles that consist of children’s rights and the process of working. The government is required to meet children’s basic needs and helps them in their full development. The United Nations General Assembly established the International Children’s Emergency Fund, UNICEF to work seriously for the betterment of the children throughout the world. With the help of UNICEF the UN General Assembly adopted, “The Convention on the Rights of the Child” which recognizes the role of children as social, economic, political, civil and cultural actors. The convention also guarantees and sets the minimum standards for protecting the rights of children in all capacities.

Authored by Abhay Singh, Faculty of Law, Lucknow University

An Overview On Patent Rights And Action To Be Taken On Patent Infringement

Abstract:

Infringement of a patent means infringement of the exclusive rights granted by the patent. Under Section 48 of the Patents Act, 1970 the patentee has the exclusive right to prevent any third party, without his consent, from making, using, offering for sale, selling, or importing for those purposes the patented product; or in case of a process patent, the exclusive rights to prevent any third party from using that process and from using, offering for sale, selling, or importing the product obtained directly by the patented process.
In India, the duration of each patent is 20 years from the date of filing the patent application, irrespective of whether it is filed with provisional or full specification. However, in the case of requests submitted under the Patent Cooperative Treaty (PCT), the 20-year period begins from the international filing day.
Patent can be qualified only if all three criteria are fulfilled respectively i.e. of Novelty, Inventive Step and being Capable of Industrial application, failure of any of the three will result in the patent as unqualified and thus, the application for the same will be rejected.

Authored by Preeti Selvam, Mumbai University

Diversity in International Arbitration

Abstract-

In the world of International Arbitration, one could only see the space is being dominated by stereotypical white men and the substantial absence of diversity. In 2015, the “Arbitration Pledge” was drawn up in acknowledgment of the lack of women in arbitral tribunals by representatives of the international arbitration community. But it’s worth remembering that the absence of diversity goes beyond gender, cultural and geographical diversity are missing too. In this new age, where women all over the globe are fighting for equality and equity, a diverse board in arbitration will improve the diverse viewpoints will contribute to better choices and the consistency of decision making.

Authored by Roudro Mukhopadhyay, OP Jindal University.

The Pandemic Is Widening a Corporate Productivity Gap

Abstract-

The topic evolves around the corporate productivity gap due to pandemic around the world many countries have seen the worst productivity gap in their corporate culture and some has seen the good result despite the Covid-19. Many companies who have developed the exact policy for their work from home culture and making their employee better and give them the work activities and other thing have done the good at making the productivity good scale but some cases who did not have taken care of the policy of the productivity of the work from structure or time management has phased the major issue of the productivity. My article will give you the right on this productivity gap of corporate in this pandemic.

Authored by Rohit Khosla, O.P.Jindal

The Troubled Relationship Between The Tenant and The Landlord During The COVID-19 Pandemic and its Repercussions

Abstract-

In this article we will see how the relationship of tenant and landlord gets disturb due to reverberation of covid 19 .Indeed, what this article ultimately seeks to achieve is evaluating way to find solution to solve the dispute between landlord and tenants The transmission of a virus with flu-like symptoms has pushed world economies to an unprecedented standstill. Stock market crashes, mass unemployment, and disruptions hinting a recession – are only the tip of the iceberg and its underlying repercussions are likely to unfold with time.The customary strained landlord-tenant relationships are further distressed with the lack of clarity in Central and state government announcements bringing fore questions of eligibility and applicability of relief measures. Until the air clears (pun-intended), Indians will continue to rely on legislations that hugely favours tenants in rental disputes, leaving landlords grappling to survive the crisis without any respite. In the interim, as parties await clarification from the government, it is advisable to facilitate a shared objective of contractual performance through collaboration and provide a win-win solution to all until normalcy returns.

Authored by Jyoti Pathak, Gautam Buddha University, Greater Noida.

The Social Security Measures and their relevance in Labour Legislations

Abstract-

Ancient Indian Literature ‘Manusmrithi’ mentioned about codes for the protection and safety of the people. The concept of Social Security was associated with the Hindu Joint Families which was the ‘Original Cell of Security’ and ‘First Line of Defence’ against any misfortune. Then in Vedic period ‘Guilds’ a group of merchants or artisans worked during calamities for the security of life and property. Organized Social Security Measures in statutory form are of recent origins a key factor in Industrial system to protect employees and their dependents against contingencies like disability, sickness, employment injury and unemployment. The Industrial Programmes based on the ideals of human dignity and social justice will relieve the anxiety of the poor labours through financial benefit and medical care. Social Security as a National Programme aims to reduce Social sufferings due to Poverty, Unemployment and Intensity of Diseases. The Schemes for Provident Fund, Medical Insurance, Maternity Benefit, Compensation and Gratuity are useful in India. The efficiency, extent of coverage, finding suitable policy and approaches to strengthen the delivery system according to priorities through planned justice for inclusive growth is the need of the day. This paper describes about the implications of various social security benefits provided to the labours in India.

Authored by Pooja Heda, KES Jayantilal H Patel Law College.