Articles
Law On Reels : Krammer v. Krammer
" Dear Billy, sometimes in the world daddies leave and mommies have to raise their little boys but sometimes mommies leave too, and daddies have to bring up their little boys" These heart wrenching words are from the Dear John letter which Joanna Krammer writes to her five-year-old son Billy whom she chooses to abandon. Krammer v. Krammer is a 1979 classic legal drama film directed...
Rethinking Abortion In India: A Human Rights Conversation
The issue of abortion has gained particular momentum in the past few months with two interesting developments in very different parts of the world- the passage of the Medical Termination of Pregnancy (MTP) (Amendment) Bill 2020 in the Rajya Sabha (Upper House) in India and the recent passage of the Argentinian abortion bill, that legalises abortions up to the 14th week of...
Arbitration Court Reckoner : March 2021
By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of March 2021 under the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the 'Act'). That while as many judgments as possible are sought to be reviewed, owing to the limited column space, some judgments would invariably be left out. That...
Justice Beyond Prejudice: Need Of Awakening Before It Gets Too Late
"There is nothing more frightful than ignorance in action" - Johann Wolfgang von Goethe. There are civilizations across the world, which may, though, profess themselves to be progressive; yet, their norms may not always illustrate a liberal thought process. In fact, it is often observed that the steering forces of such societies are certain congenital dogmas and philosophies,...
Necessary To Notify Oxygen Concentrators, Pulse Oximeters As Essential Commodities Under Essential Commodities Act
India has been struggling with COVID-19 for more than a year now. The pandemic is no stranger and has cost us our loved ones and takes people within its grips daily. There is a major resource crunch on already overburdened health infrastructure. This resource gap has given rise to a few anti-social elements trying to turn misery into profits by hoarding, black marketing, and...
The Click-Wrap Conundrum And WhatsApp's New Policy
Why don't we just click 'I agree' on WhatsApp and move on? It's not like we have a choice. WhatsApp has yet again postponed its privacy update giving the users more time to acclimatise to the new privacy policy update. This article, however, is not about data privacy laws or monetisation of data.The fundamental question goes back to the basics of acceptance of contracts and parties' consent....
The Jurisdictional Tussle- CCI vs. SEBI
'Amalgamation' also known as 'Merger' is a market term that alludes to the blend of two organizations wherein in any event one organization's existence is lost. With the growth of the Indian Market, the Legislature comprehended the slant and worked their way forward in order to protect the consumers against stonewalling by monopolistic approaches of enterprises. It looked for the...
[PMLA IMBROGLIO] Can An Accused Face Trial For Money Laundering If The Scheduled Offence Is Struck Down?
Recently, the Madras High Court asked the Enforcement Directorate to continue with their investigation into alleged money laundering even after the petitioner submitted that the Central Bureau of Investigation (CBI) had quashed the original case, based on which ED had initiated their investigation (J.Sekar @ Sekar Reddy vs The Directorate Of Enforcement). This is the legal debate:...
Protester's Freedom Of Peaceful Assembly
In recent times, we all have been seeing the vilification of protesters and their right to peacefully assemble. Be it the case of Anti-CAA protesters or Kashmiris or Farmers, the script has been the same. Somehow the violence breaks out during a peaceful procession or protest which gives the authorities a license to baton charge the protesters and fire tear gas. These events are...
Rohit Mammen Alex – A Personal Tribute
Rohit Mammen Alex – A Personal TributeBy Navneet HrishikesanRohit Mammen Alex who left us on the 11th of May 2021 was a man of many talents. Advocate, supreme court lawyer, former additional advocate general for the State of UP, arbitrator, cancer survivor, author, painter, music aficionado, spiffy dresser, bibliophile, loving father, husband and son. For me though, he was my...
"Truth and Tales!"
Note: This Article is a response by Former Chief Justice SA Bobde's then Judicial Clark to an Article Titled "CJI Bobde Led Further Decline Of Supreme Court As A Constitutional Court" written by Manu Sebastian"My Candle Burns At Both Ends; It Will Not Last The Night; But Ah, My Foes, And Oh, My Friends- It Gives A Lovely Light!" Edna St....
Corona & The Courts: The Tragedy And The Tributes
The anarchic hand of fate has seized from our midst, most valuable colleagues at the Bar. Silent orders of Providence grant us only the solace of cherished memories. The Allahabad High Court lost a large number of most esteemed members of the Bar to Covid 19 pandemic and related health complications in recent months. Many young lawyers have passed away in this pandemic wave. The void in...