Articles
Right Of Appeal Under Section 372 CrPC, 1973 Vis-Ã -Vis Period Of Limitation: A Conundrum
Seminal Issue: What should be the period of limitation for filing an appeal under Section 372 of the Code of Criminal Procedure, 1973 (in short 'Cr P C') is a contentious issue on which there is apparently a judicial split of opinion amongst various High Courts in India as there is no pronouncement by the Hon'ble Supreme Court of India as yet. Section 372...
The Legalisation Of Betting In India
The legalisation of betting, especially sports betting, is a never-ending debate in India. India's restrictive betting laws have pushed the activity underground, and there operates a huge illegal betting industry in India. The ban on betting has been counter-productive, and this has been exacerbated through the rise of cricket in India, especially the Indian Premier League. The IPL,...
How Indian Courts Define A Married Woman's Rightful Place
Momita was visiting her grandmother at 7 pm on 13 January 2018 when Alamin Miah dropped by and asked her to step outside. Then, he threw acid on her face. The attack left her with third-degree burns on her forehead and eyelids and second-degree deep burns on her face and right shoulder. The damage and disfigurement are permanent.Alamin Miah is Momita's husband.They had married in March 2017...
Conflicting Views Of NCLAT On Rights Of A Decree Holder Under The Insolvency And Bankruptcy Code, 2016
The National Company Law Appellate Tribunal (NCLAT) very recently on 14.8.2020 ,in the case of Sushil Ansal v Ashok Tripathi (Sushil Ansal) seems to dilute the interests of Decree Holders under IBC. The said judgement held that a Decree Holder cannot be classified as a Financial Creditor for the purpose of initiating Corporate Insolvency Resolution Process (CIRP) under the...
Significant Judgments On Arbitration And Conciliation Act, 1996 [May 2020 To July 2020]
Introduction The Arbitration and Conciliation Act, 1996 ("Arbitration Act") has been enacted in order to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation. The legislative intent and essence of the Arbitration Act is to bring domestic as well...
Law On Return And Rejection Vis-a-Vis Amendment Of The Plaint: Dichotomy In The Judicial Approach
A 'Plaint' is the very foundation of a civil Suit. It is the bedrock that brings out the necessary facts which form the basis for the Courts to adjudicate upon the dispute. A Suit is said to be instituted on the date of presentation of the Plaint and it is solely on the basis of the averments in the Plaint that the primary questions of Jurisdiction and Maintainability are...
Ten Reasons Why Prashant Bhushan Should Not Be Punished In Contempt Case
Prashant Bhushan should not be convicted and sentenced for Contempt of Court for following ten reasons on facts and the law. On facts: Tweet of Bhushan on June 27: "When historians in future look back at the last 6 years to see how democracy has been destroyed in India even without a formal Emergency, they will particularly mark the role of the Supreme Court in this destruction,...
Criminal Law Reform - Many Misgivings, And The Long, Uncertain, Road Ahead
The Indian law school experience revolves around the idea of submitting "projects" or "assignments". At the start of the 5 year marathon, many of us used to be petrified about the idea of failing to submit the assignment beyond the "Last Last Day" — the last permissible date for handing in the project, after the stipulated deadline. I found it quite strange that the senior students...
When Gandhi Refused To Apologize And Faced Contempt Proceedings
The statement made by Advocate Prashant Bhushan before the Supreme Court bench which found him guilty of contempt has caught wide attention. The said statement made by him is paraphrased from a statement made by Mahatma Gandhi in the contempt proceedings initiated against him by the Bombay High Court in 1919. This article intends to discuss the said contempt case against Gandhi and the...
Law Of Contempt Of Court- In A Face-Off With Right To Freedom Of Speech And Expression Which Includes Right Of Fair Criticism
The jurisdiction of Contempt of Court, is one such jurisdiction available to the of courts of law, invocation of which invariably than often demands a debate, specially when it relates to criminal contempt of court. The origin of the law of Contempt of Courts in India traces from the English law. The first Indian statute on the law of contempt, i.e., the Contempt of Courts Act...
The Tofan Singh Reference
The 2013 judgment by Two Justices' in Tofan Singh v. State of Tamil Nadu [(2013) 16 SCC 31 ("Tofan Singh")] had referred two interlinked issues arising under the Narcotic Drugs & Psychotropic Substances Act 1985 ("NDPS") to a bench of three Justices. No matter the importance of the issues — which, interestingly, even prompted a sitting Justice to plea for a speedy consideration of...