Articles
Limiting The Operation Of Stay Up To Six Months By Judicial Fiat, An Impermissible Legislative Act
In the last week, the Supreme Court has in Asian Resurfacing of Road Agency v. CBI (Second case), by order dated 15 October 2020 reiterated that whatever stay granted by any court, including the High Court, automatically expires within a period of six months, unless extension is granted for good reason, as per the judgment. This gives an impression that the aforesaid directions apply to...
Getting To Yes – An Understanding And Summation
Negotiation as a concept as a way of life is a part of our daily lives. What is Negotiation to you? To me it is a conversation directed at reaching a consensus or an agreement. We negotiate get the best of life, be it a better salary, discounts or sometimes even an agreement to understand our thought process. Although, this is an art we have engaged in since our childhood, very few have...
Labour Reforms and the Elusive Quest for Workers' Rights
As the second largest labour force in the world, with a youthful demographic profile to boot, India is blessed with an abundance of human resource it can leverage to its advantage. Yet, one of its most enduring, if somewhat pitiless, paradoxes is that it has a deplorable history of underutilizing and ill-treating its workforce. To date, all attempts to set right this anomaly have met...
Limitation Act In COVID- 19 Times: Need To Reconsider Decision In 'Sagufa Ahmed vs. Upper Assam Plywood'
When COVID 19 struck India, the administration of justice by the Courts suffered greatly. Under trying circumstances, the Courts including the highest Court of the land started functioning. The Judges functioned to ensure that justice was met to the common man under challenging circumstances. The Supreme Court, realizing the difficulties that were likely to be faced by the litigants...
The Crumbling Rule Of Law In India
The Government of India needs a firm reminder of what Justice K.K. Mathew[1] said: "The rule of law is not like a twinkling star up above the constitution, it is very much a terrestrial concept which has its habitat within the four corners of the constitution." Human rights activists, lawyers, journalists, academicians and even independent agencies have...
Have International Relations Overshadowed Principles Of International Law?
Apart from the global pandemic, the year 2020 has also marked important developments in the areas of international law and international relations. Currently, the conflict between Armenian and Azerbaijani forces looms large as international powers like Russia and Turkey have started showing interest in the dispute. Just about a few months back, a hand-to-hand skirmish between Chinese...
Relief Under RERA In Rajasthan– Real Or Illusory
After the enactment and implementation of the Real Estate (Regulation and Development) Act, 2016, the stakeholders in the real estate sector in Rajasthan have not been able to reap the benefits of the Act. Various rights conferred on both the promoters and buyers still remain on paper and very little progress can be seen on the ground in the working of the Act. The Real Estate Act of...
Reforms And Criminal Laws: A Layperson's Perspective
The Committee for Reforms in Criminal Laws was instituted by the Ministry of Home Affairs (MHA) in May 2020, with a mandate to "recommend reforms in the criminal law of the country in a principled, effective, and efficient manner…" among other things. Since then, legal practitioners, law students, activists, and even members from allied fields like the Indian Civil Services have...
Resolution Process Against Personal Guarantors – A Violation Of Principles Of Guarantee?
Aggrieved by the order of NCLT, Bombay initiating insolvency process against him, Mr. Anil Ambani, has challenged before the Delhi High Court the constitutional vires of Notification dated 15.11.2019, which notified the provisions relating to insolvency proceedings against personal guarantors, and the corresponding Rules[1] and Regulations[2]. Following the Delhi High Court's order...
Appointment To The Supreme Court: Identifying Trends And Patterns
Earlier today, it was reported that the Law Ministry (Government of India) is currently awaiting the recommendations from the Supreme Court's Collegium to appoint Judges to the Supreme Court. The Hon'ble Supreme Court of India, has a sanctioned strength of 34 Judges (including the Chief Justice of India). However, the Court is currently functioning with 30 Judges, as no appointments...
Pride and Prejudice of Certificate Under Section 65B(4), Indian Evidence Act 1872
Exactly twenty years ago on 17.10.2000, amendments were introduced to the Indian Evidence Act, 1872 ('the Act') by way of Section 65A and 65B prescribing the procedure to prove electronic records as secondary evidence. These provisions laid down an unambiguous yet obscure approach as to how an electronic record will be admissible in a court of law. In no time, the task of proving...
When Dignity Turns In The Grave- Advocating The Rights Enuring To Corpses In India
Two hours past the stroke of midnight, when the whole nation was asleep, Hathras awoke to death and desecration. A pyre was lit, a cadaver was burnt, but there was no requiescat for the lamented. In a brazen display of subterfuge and unbeknownst to the immured family, the local constabulary surreptitiously proceeded to immolate the body of their daughter. This act of shameless ignominy...