Articles
Long Way To Walk
It was September 16, 2018, when the Landmark judgment was pronounced over LGBT in the matter Navtej Singh Vs. UOI[1] wherein the apex court held that the offence under section 377 Indian Penal Code which criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14, 15, 19, and 21 of the...
Unfolding The Greatest Rivalry Of The Supreme Court
"They were put to a test and found wanting."– Times of India, January 7, 1978.The test was one of judicial spine which "they" failed to demonstrate in the Habeas Corpus case heard in the dark night of Indira's Emergency. The news report summed up the national mood and the sentiment of the Bar. The two justices referred to were life-long rivals as destiny had pitted each against the other....
Performance Bank Guarantees: The Linchpin Of Commercial Transactions [Part III]
This series of blog posts shall recount the law on evolution of performance bank guarantee in India. It shall cover the meaning of bank guarantee as distinguished from indemnity and letter of credit, and the legal framework governing performance bank guarantees in India in Part 1; the types of bank guarantees and character of such guarantees in Part 2; and finally, the exceptions and...
Self-Regulation Code For OTT Platforms, A Need Of The Hour
An over the top (OTT) platform is nothing but the streaming service directly offered to viewers through the medium of internet. OTT consists of streaming platforms such as Netflix, Amazon Prime Video, Disney plus Hotstar etc. which can be accessed on Smart TV platforms, on smartphones via apps and on personal computers or laptops via websites. Since, the Covid-19 pandemic has forced...
Euthanasia, Doctrine Of Double Effect And The Growing Need For Effective Palliative Care
Like most other philosophical doctrines and terms, the word 'euthanasia' has been derived from two Greek words, 'Eu' meaning 'well' and 'Thanatos' meaning 'death'. Thus, in simple terms, euthanasia means good death. It is a process of ending an individual's life in order to relieve him of any pain or suffering, which he is currently experiencing or is likely to experience in the...
AILET 2020 Analysis
The first major center-based law entrance examination of this session finally happened today and it shall be followed by CLAT in a couple of days and MH-CET in a couple of weeks. AILET 2020, for most aspirants, was a bag full of pleasant surprises, though to be fair, owing to the extremely limited seats it offers, pleasant surprise won't result in an actual NLU-D seat for most. But the...
Rate Of Interest For Pendente Lite And Future Period
This article is primarily in relation to the Original Applications (OAs) filed by banks and Financial Institutions (FIs) in Debt Recovery Tribunals (DRTs) under the provisions of Recovery of Debt and Bankruptcy Act, 1993 (RDB Act, 1993) Pendente Lite period means the period from the date of filing of the suit upto the date of judgment. Future period means the period from the date...
Performance Bank Guarantees: The Linchpin Of Commercial Transactions [Part II]
This series of blog posts shall recount the law on evolution of performance bank guarantee in India. It shall cover the meaning of bank guarantee as distinguished from indemnity and letter of credit, and the legal framework governing performance bank guarantees in India in Part 1; the types of bank guarantees and character of such guarantees in Part 2; and finally, the exceptions and...
Fixing A Flawed Interpretation Of "Consent" For Sexual Offences In India
A Kerala High Court judgement in June 2020 defined consent to construe an elevated standard of affirmative consent. The judgement also gives an insight on the the standard which can prevent acquittals like the Mahmood Farooqui case in future. In Farooqui case the court gave benefit of doubt to the accused by placing undue relevance to section 90 of IPC. This section puts additional burden...
Justice D. M. Chandrashekhar-A Centenary Tribute (26.9.1920 – 3.10.2003)
The very name Deshamudre Mallappa Chandrashekhar evokes feelings of reverence and brings to mind a gentle stalwart in every sense. He was indeed a colossus on whom everything sat lightly. He was a great judge and a great man, but he was more, almost approximating to an ideal. It is in the fitness of things that we remember and pay tribute to him on his birth centenary and record...
A Hammer Blow For 'Sealed Cover' Jurisprudence
Surprisingly little comment has followed the landmark order which Justice Gautam Patel ofthe Bombay High Court passed on 21 September 2020 in a case concerning the invocation of an arbitration clause under the rules of the National Stock Exchange. In language which was as principled as it was unyielding, the judge expressed his abhorrence of a practice which has developed in recent years...
Trade Dress As Interpreted By The Bombay High Court In The Case Of Merwans Confectioners Pvt Ltd v M/s Sugar Street & Ors
Trade Dress is a form of intellectual property. Trade Dress is the characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers.[1] The concept of Trade Dress is recognised by US law under Section 43(a) of the Lanham Act, a federal statute which regulates trademarks and trade dress. However,...