Articles
The Dilemma Over Interpretation Of Section 102 Of Code Of Criminal Procedure, 1973
It has been often observed that the ambiguous text of provisions causes abuse and misuse of investigation powers by police officers often leading to harsh ramifications for ostensible innocent parties as well as accused persons. One of such provisions is Clause (1) of Section 102, Code of Criminal Procedure, 1973 (hereinafter "CrPC"), wherein police officers are empowered to freeze the bank accounts of a person. However, the issue that surrounds the interpretation of Section 102(1) is the...
Who Are The Mercenaries In A War?
Every information that comes out of Russian invasion of Ukraine is breaking news. After 16,000 foreign fighters/ mercenaries volunteered to defend Ukraine on President Zelensky's call, Russia responded by stating that, if caught the mercenaries will not be treated as prisoners of war but as war criminals, under international law. The U.S. Department of Defense has reported that Russia is apparently recruiting Syrian mercenaries to fight in Ukraine. After all this information, one begs...
Will The Ukraine Civilian Combatants Be Protected Under International Law?
The international law of armed conflict has always distinguished between civilians and the military. Two days after Putin announced his "special military operations", media reports show that several Ukrainian citizens are taking uparms to defend their home. Once the situation escalated and Russians forces were closing in on Kyiv, the Ukrainian Government called out tocivilians to defend Ukraine. It has been reported that 18000 rifles had been distributed to the civilian volunteers by 25...
The Everyday Battles Of Women In Legal Field
Recently, the Supreme Court directed the Madhya Pradesh High Court to reinstate a woman judge, who was constrained to resign after she raised sexual harassment allegations against a then sitting judge of the Madhya Pradesh High Court. Considering the facts and circumstances, the Court was of the opinion that her resignation from the post of Additional District and Sessions Judge cannot be "construed as voluntary".Before the Supreme Court, the petitioner primarily challenged her transfer from...
Judge-Wise Statistics Of Reportable Judgments Of Supreme Court In February 2022
In February 2022, the Supreme Court authored 83 Reportable Judgments in diverse areas of law. The highest number of Judgments (i.e. 21 Reportable Judgments) were authored by Justice M.R. Shah, followed by Justice Dr. D.Y. Chandrachud authoring 10 Reportable Judgments.In continuation of the statistical study and searchable PDF of Reportable Supreme Court Judgments (as reported in January 2022), the authors of this article present to you a Judge-Wise Statistical study of Reportable Supreme...
To Sanction Or Not To Sanction- The Fundamental Duties Debate
Ask not what your country can do for you- Ask what you can do for your country' are John F. Kennedy's most memorable words. Many continents away, it is this phrase that best captures the idea of fundamental duties found in the Indian constitution. It was by the 42nd amendment in 1976 that the 'Fundamental Duties' part was incorporated in our Constitution. The concept of fundamental duties was taken from the 1936 USSR Constitution, following the recommendations of the Swaran Singh...
Critical Analysis Of Surrogacy (Regulation) Bill 2021 And Assisted Reproductive Technology (Regulation) Bill 2021
The scope of this article is to analyze the effects of the recently passed Surrogacy Regulation Bill 2021 (SRB) and Assisted Reproduction Technology (Regulation) (ART) Bill 2021. To that end, the article first lays down the salient features of both laws. It then reviews specific provisions of the Bills in the context of the existing legal setup and the prospective outcomes produced. Finally, the article suggests an alternative methodology ensuring maximum effect for the involved...
Decree Holders As Creditors Under The IBC - Need For Clarity
The Insolvency and Bankruptcy Code, 2016 ("Code"), right from its enactment has been the subject of legal debate. While various issues that have cropped up from time to time, have been ironed out, by amendments and by judgements, there still exist a plentitude of legal questions, waiting to be raised in the right case. One such question is the status of a "decree-holder" as a creditor. Section 3 (10) of the Code, defines a "creditor" as "any person to whom a debt is owed and includes...
Ukraine War: Test of Law and Civilizational Progress.
I. As I write this piece, Ukraine, a nation of 44 million free citizens fights valiantly to defend its freedom and territorial integrity against Putin's "war of choice for all the wrong reasons". Caught between disbelief, despair and compulsions of realpolitik, the world at large seems helpless to help beyond an expression of outrage even as the Russian armed forces continue to penetrate deep inside Ukraine. Moscow has placed its nuclear forces on alert in an ominous signal of a possibly...
Homage To Sir With Love
"As your father is in real life, your Senior is in your professional life." We juniors of Advocate K. Bhaskaran Nair (we are and call ourselves the KBN family) found this axiom in actual operation in our Senior's chambers. Sir upheld and maintained that legacy of the Calicut bar in the sublime relationship between seniors and juniors. I met my Senior first at the Chinmaya Gita classes. Sir was an active founder member of the Calicut Chinmaya mission where some of us, as young college...