Emerging Threat For “Original” Lists Of Scheduled Castes/Scheduled Tribes Published Under Article 341 Of Constitution

The issue of Scheduled Castes and Scheduled Tribes (SC/ST) inclusion in India has long been a contentious and delicate matter, rooted in the complex interplay of history, politics, and constitutional safeguards. As enshrined in Articles 341 and 342 of the Indian Constitution, the sanctity of these lists is intended to protect the rights of communities that have been...

Bharatiya Vayuyan Vidheyak 2024: How Different Is It From Aircraft Act 1934?

Today, the Indian aviation market is one of the fastest growing in the world and is already 3rd largest in terms of passengers flown approximately 1.5 crore per year handling over 220 million domestic and international passengers along with almost 100,000 annual flights on aggregate. 2023 is a historic year in India's aviation history as all Indian airlines placed an order for over...

75 Years Of The Constitution And The Court: A Fascinating Journey

This year marks the 75th year of our Constitution which was finally approved by the Constituent Assembly and adopted with all fervour and enthusiasm on November 26, 1949. Some of the provisions came into effect that day itself. November 26 is now celebrated as Constitution Day. The vast majority of the provisions of the Constitution came into force on January 26, 1950. January 26 is celebrated...

Artificial Intelligence, Trademark And Copyright: Emerging Issues

Full Text of Professor Shamnad Basheer Memorial Lecture delivered by Justice Gautam Patel, Former Judge, Bombay High CourtGood evening. My thanks to LiveLaw for this opportunity to present a few thoughts. The previous speakers in this series are a formidable galaxy — Chief Justice Muralidhar, Justice S Ravindra Bhat, Chief Justice DY Chandrachud and Professor Mohan Gopal. The subjects of...

Immortality In Metaverse: Exploring Social, Legal & Psychological Challenges

Metaverse is an intersection of cyber-physical social system that gives rise to a multi-user, post-reality, fully immersive 3-D cyberspace by amalgamating Augmented Reality (AR)[1], Virtual Reality (VR)[2], Extended Reality (XR), Artificial Intelligence (AI)[3] and blockchain technology[4]. It originated from the Greek root 'meta', meaning after or beyond, combined with the word...

The Unconstitutionality of 129th Constitutional Amendment Bill , 'One Nation, One Election'

The Union Government is ready to push its most ambitious Constitutional amendment since the NJAC- dream to conduct all the elections one time in the year. Bill no. 275 of 2024 [“Bill” hereinafter] & Bill no. 276 of 2024 is tabled for discussion in the Parliament. The pressing question is: will it pass the test of Constitutional scrutiny or face a similar demise? Earlier this...

S.498A IPC : How Supreme Court Raised Concerns About Misuse Of Anti-Dowry & Cruelty Laws Over Years

The recent tragic death of 34-yr old techie Atul Subhash, who is reported to have died by suicide due to marital discord with his wife and ensuing litigations, has sparked a debate around Section 498A of Indian Penal Code.Unfortunately though, the issue of misuse of women-centric laws - Section 498A IPC in particular - is not new. It has continued to surface over the years, with even the...

How Nepal Can Transform Its Mediation Landscape With Insights From Singapore's Success

In recent years, mediation has gained prominence as an effective alternative to court-based dispute resolution in Nepal, rooted in traditional practices where village elders once played a pivotal role. This approach has evolved from informal community solutions to a regulated process, particularly with the enactment of the Mediation Act in 2011 and constitutional...

Reining in Excess: Punjab & Haryana High Court's Judgments Curtailing ED's Arbitrary Powers

The arrest and detention under the Prevention of Money Laundering Act often turn out to be a punishment due to the wide powers given to the Enforcement Directorate (ED) and its stringent bail provisions. The Supreme Court, in August, pointed out that after the amendment, over the past ten years, around 5,000 cases have been registered under the PMLA, but conviction has been obtained in only...

Thirty Seven Horses Under PMLA: A Peculiar Intersection Of Law, Luxury, And Financial Crimes

When discussing the Prevention of Money Laundering Act, 2002 (PMLA), we often think of freezing bank accounts, attaching properties, or seizing luxury vehicles. Yet, in a recent and rather unique case, the attachment of more than three dozen horses worth approx. 4 crores, under the PMLA provisions made headlines, sparking conversations about the evolving nature of asset seizure in financial...

Criminal Liability Of Panel Advocates In Bank Fraud Cases

The primary business of banks is to give loans and charge interest. However, before sanctioning the loan the bank has to do its due diligence and ensure that the borrower can pay back the loan so that the said loan does not turn into a Non-Performing Asset (NPA). For this purpose, the bank does due diligence which includes a number of things such as collection of customer verification...

Navigating Intersection Of Anti-Money Laundering And Recovery Laws: The Imperative For Collaboration And Cooperation

The legislative efforts to combat money laundering activities in the country and the legislative measures to deal with the recovery of nonperforming assets in the Banking sector without the intervention of courts of law coincided in the same year with the passage of two special Acts in the year 2002.These two Acts, (Prevention of Money Laundering Act 2002 and the Securitisation and...