Articles
Does SBP & Co. v. Patel Engineering Overrule Kvaerner Cementation India Ltd. v. Bajranglal Agarwal? : A Contrarian Perspective
The recent judgment of the High Court of Delhi in Bina Modi & Ors. v. Lalit Modi & Ors. [2020 (2) Arb. LR 446 (Del)] ('Bina Modi') has led to much debate and discussion centered around its unequivocal finding that an anti-arbitration injunction suit is not maintainable in light of Section 5 read with Section 16 of the Arbitration and Conciliation Act, 1996 ('Arbitration Act'). In...
National Council For Transgender Persons: Under-represented Or Underwhelming?
On the 21st August 2020, another milestone was achieved by the Central Government with the constitution and establishment of the National Council for Transgender Persons pursuant to the only legislation governing the law of the land for the transgender persons passed last year- Transgender Persons (Protection of Rights) Act 2019. However, with the constitution of this Council, protests...
Why Victim Cannot Seek Enhancement Of Sentence U/s.372 Of The CrPC?
Since 2009, the victim has officially entered in the textbook of Criminal Law. For the first time, a victim is defined u/s.2(wa) of the CrPC as a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression 'victim' includes his or her guardian or legal heir. Despite introduction of a victim in the...
Quiet Crusaders: How The Court Masters Of The Delhi HC Made Virtual Hearings A Success
As the COVID19 pandemic dawned upon us, various institutions decided to either alter their functioning or halt completely. As the wheels of justice must carry on, the Delhi High Court decided to adopt a new model of conducting proceedings in order to address the rising number of cases during the nationwide lockdown: video conferencing. A plan was created by the Information...
When A Prime Minister Was Put On Trial : Excerpt From Prashant Bhushan's Book 'The Case That Shook India'
The judge arrived two minutes before 10 a.m. Everybody in the courtroom rose when the judge came in. After taking his seat, he announced that the court conventions dictate that no one should rise when a witness comes in. This however did not prevent some people from rising when Mrs Gandhi came in. Mrs Gandhi took a seat which was specially provided for her. The normal practice is that...
Limited Accessibility For IIT-JEE & NEET Aspirants
In Indian households, the majority of children live up with a dream of becoming an engineer or a doctor. Every year, lakhs of students appear for entrance exams to achieve the same. The competition in these entrance examinations is soaring. They are known to be one of the toughest exams in the world and most importantly these exams are pathways to certain prestigious universities...
Sushant Singh-Rhea Chakraborty Case : Did Single Bench Exceed Its Limited Jurisdiction U/s 406 CrPC By Ordering CBI Investigation?
"The single judge, in this case, after finding that he has no jurisdiction to transfer investigation under Section 406 from the Court in Patna to the Court in Mumbai, proceeded to hear and decide as to who should conduct the investigation".
Hate Speech In News– Inefficacies Of The Regulatory Framework
A recent judgment of the Bombay High Court (Aurangabad Bench), while quashing First Information Reports (FIR) filed against members of the Tablighi Jamaat for alleged violation of tourist visa conditions, severely criticised the Indian media by noting that, "There was big propaganda in print media and electronic media against the foreigners who had come to Markaz Delhi and an attempt...
Jurisprudence Of Apology … A Lesson To Be Learnt
See the irony of our Indian Legal Profession and Judiciary: In a case of Senior Advocate Prashant Bhushan: the Supreme Court was asking: "What is bad in apology? If you are hurting someone, then what is wrong in apologizing? You should apply balm if you have caused hurt…" Whereas in a case of Yatin Oza, the Gujarat High Court has held in Suo Motu v. Yatin Narendra Oza: '…...
Private Equity, The Sunlit Uplands In Distressed Economy
Private equity ("PE") Investment being amongst the most significant options for raising liquid capital lately, is surely and inevitably an industry to be affected by the unfortunate pandemic crisis of COVID 19. This untimely and uncertain health crisis is a thorn on one's side and has caused the word to stop. The present situation has not only brought down people to believe into...
Menstruation Is Normal, So Why Are Our Reactions Abnormal?
In a country where both men and women refrain from talking openly about menstruation, it is hardly surprising that there are some communities who even to this day practice 'Chhaupadi', which prohibits women from performing their household chores, isolating them from their family during their menstruation. Despite living in the 21st century, we have failed to create an environment...
Bonafide Purchaser And White Collar Crimes
The scourge of financial crimes has seen a rapid growth where an act/omission leads to illegal gains and ends with laundering of the illegal money to be portrayed as untainted. Money laundering involves a thick web of transactions with the objective of introducing the money in the financial system without the same being identified as illegal. Once in the financial system, they would lose...