Articles
Omissions; It's Proof And Significance In Criminal Trial
One of the statutory recognised methods in discrediting a witness is to contradict him with his previous / former statement. This is reflected in Section 155 (3) of the Indian Evidence Act which reads : "The credit of a witness may be impeached in the following ways by the adverse party, or with the consent of the Court, by the party who calls him: (1)…………… ...
Glow and Lovely: A Case of Woke Washing?
Robert Reich said, "If a certain action improves the corporation's bottom line, there's no point in labelling it "socially responsible". It is just good business." In the beginning of the year 2020, we witnessed a major upheaval in our lives, which could not have been fathomed otherwise. While the pandemic caged millions in their own homes, one tragedy- the murder of George Floyd by...
Demystifying The Limitation Period For Challenging The Arbitral Award
On 02.03.2021, the Supreme Court in the case of Dakshin Haryana Bijli Vitran Nigam Ltd. v. M/s. Navigant Technologies Pvt. Ltd. (Civil Appeal No. 791 of 2021), settled the law of limitation on filing a petition under S. 34 of the Arbitration and Conciliation Act, 1996 ("Act"). The court was countenanced with the issue whether the period of limitation for filing the petition under S. 34...
"Phishing – The Modern Day Techdemic"
With COVID-19 surmounting, there awaits something more. You may start wondering, what it is? So let me just introduce you to the new 'techdemic' that approaches us. Along with the ceaseless time came advancement which has been appreciated and facilitated all around the world, but as they say where there is a right, there is a wrong too. This global village which is connected with...
Selective Activism And Public Faith In Regulators
On 24 March 2021, the Competition Commission of India passed an order that came as a shock to most Indian Competition Law enthusiasts. In a suo moto case, the Commission passed a 21-page order directing a probe into the recently updated WhatsApp privacy policy alleging it of abuse of dominance (copy of order available here). The Commission, inter alia, has recognised...
Book Review – Ambedkar's Preamble
In the past decade, the ideas of Dr. Ambedkar have become the central point of debate in the political and legal corridors. These ideas of Dr. Ambedkar have aged like a fine wine, whether it be for interpretation of the Constitution or to assert a progressive thought. I see Ambedkar on two different notes: first, his struggle to ascertain legal rights in the Mahad Satyagraha. Secondly,...
Article 21 In Prison
What impels me to write this Article is a recent press report in Dainik Jagran which states that about 20000 bail applications are pending in Patna High Court. The bail applications filed in August -September 2020 have not yet been heard by the High Court, creating a new record of pending bail applications. Out of five working days, the High Court hears the bail applications for four...
An Analysis Of Accessing High Courts During COVID Lockdown: March To August 2020
The pandemic caused by the coronavirus has seen widespread repercussions on the Indian legal system, with litigants and lawyers suffering from an almost shut down of courts across the country. Reeling from the effects of a countrywide lockdown in March 2020, which made physical hearings as well as filings difficult and extremely limited, different High Courts of India have responded to...
Lt. Col. Nitisha vs Union of India: The Supreme Court Recognises Indirect Discrimination
In early 2020, the Supreme Court delivered judgment in Secretary, Ministry of Defence vs Babita Puniya, holding that the Indian Army's policy of denying women officers a permanent commission ["PC"] was discriminatory. Following this judgment, the Union Government put into place a procedure for the grant of PCs to eligible women officers. The results of this process – that involved 615...
Article 21 In A Time Of Genocide: The Rohingya Case Before The Supreme Court
On Friday the Supreme Court reserved orders in a plea seeking interim directions to restrain the central government from deporting Rohingya refugees detained in Jammu and Kashmir. The application further urged the court to order the release of the detained refugees and to direct the government of J&K and the Union Home Ministry to grant these persons identification cards through...
Religious Beliefs; Closure Of Meat Shops And Article 19(1)(g) Of The Constitution Of India
The emergence of IT companies and MNCs resulted in the rise in population in Gurugram, Haryana which prompted the establishment of the Municipal Corporation of Gurugram (MCG). The MCG, a Government body formed by the Haryana State Government was established under the provisions of the Haryana Municipal Corporation Act, 1994. The MCG is envisioned to oversee the basic needs of the...