Government vs. WhatsApp Blame Game: Let User Privacy Win!

The relevance and dependence on technology has increased over the years and the kind of impact that any misuse of technology may attract is manifold. It is therefore, necessary to only legislate provisions that have been ably thought through and carefully drafted. Such provisions also demand meticulous review before enforcement through pre-legislative processes (including inputs / comments from different ministries, stakeholders and public) and deliberations, as well as subsequent ...

A Critical Analysis On The Draft Lakshadweep Development Authority Regulation 2021

The draft Lakshadweep Development Authority Regulation 2021 (hereinafter referred to as the Regulation) is a proposed regulation to provide for the development of towns in Lakshadweep. It is to be enacted by exercising powers conferred by Article 240 of the Constitution, under which the President has the power to make regulations for the peace, progress, and good government of the Union territory of Lakshadweep. The power of the President to legislate under Article 240 is so immense that, ...

An Analysis Of The Supreme Court Verdict On Insolvency And Bankruptcy Of Personal Guarantors Of A Corporate Debtor

The Ministry of Corporate Affairs, in the bask of implementing the Insolvency and Bankruptcy Laws in India notified and brought into force the provisions of insolvency of personal guarantors of the corporate debtor[1]vide notification dated 15th November, 2019[2] ("Notification"). After publication of the Notification, many promoters and directors who were also the personal guarantors for their companies were served with demand notices by the Banks and Financial Institutions proposing to...

Immunity Of State Officials From Foreign Criminal Jurisdiction

"Immunity of State Officials from Foreign Criminal Jurisdiction" protects state officials who commit a forbidden act in another state. This immunity ensures that they are not prosecuted in a foreign Court of Law. This concept can be defined in two ways: First, the immunity of officials in the court of the state in which crime was committed and the second, the immunity of officials in International courts e.g. International Court of Justice, International Tribunals. For example, an ...

The Constitutional Importance Of Election Of The Lok Sabaha Deputy Speaker (Part-I)

"…although the speaker is elected originally to Parliament as party politician, on being chosen Speaker he drops all party connections and activities. He relinquishes for life all offices in his party; he does not attend any meetings…or conferences."-Griffith and Ryle, Parliament (1989), pp. 145-146The aforementioned phrase is equally applicable to the office of the Deputy Speaker. According to Article 95 (1), it is the Deputy Speaker who performs the duties of the Speaker when the office...

The Doctrine Of 'Manifest Arbitrariness' Applies To Invalidate Tax Statutes

On 6th April last month, a three−Judge Bench of the Supreme Court, presided over by R.F. Nariman, J., rendered its decision in DCIT v. M/s. Pepsi Foods Ltd. The issue before the Supreme Court was with respect to the constitutional validity of the third proviso to Section 254 (2A) of the Income Tax Act, 1961. The third proviso to Section 254 (2A) of the Income Tax Act was inserted by the Finance Act, 2008, and pursuant to its insertion in the statute book, its constitutional validity was...

Inter-State Restrictions On COVID Patients' Access To Medical Care : Breach Of Constitutional Mandate

To curb the spreading of COVID disease from other States in this second wave of ravaging COVID-19 pandemic, the Government of Telangana had issued Guidelines on 11th May 2021, wherein, the COVID patients from other States, who want to get hospitalized and take treatment in hospitals in Telangana, were allowed to cross the State's border only if they were authorised by the State's control room. To get the travel authorisation, the patients from other States shall have a prior tie up with a...

Nirav Modi's Extradition: India's Chequered Endeavour

India's record of prosecuting fugitive offenders who have taken asylum in UK is a matter of concern. The consistent failure of India in extraditing offenders begets serious questions on the diplomatic ties and legal framework. The case of Nirav Deepak Modi, a diamond merchant, accused of defrauding Punjab National Bank (hereinafter PNB) gained spotlight for it was the biggest bank fraud in the history of independent India. He has since evaded legal action by leaving the country. India has...

Pending Exams At Delhi University's Faculty Of Law

The COVID-19 pandemic has dramatically altered the conventional pre-pandemic higher education system. While some universities have taken recourse to alternative modes of evaluation, the Faculty of Law, University of Delhi has not been as active. Law schools, including NLUs, are conducting the evaluation of the final year students via various alternative schemes. But some 2000 law students currently enrolled in the final year of DU's 3-year law degree are yet to be evaluated for semester...

Section 97 CrPC: An Alternative Remedy Prior To Habeas Corpus

The Writ of Habeas Corpus ensuring liberty of a citizens not just valid in a courtroom. It must be upheld outside as well. This discussion came to light in the Supreme Court on 20.05.2021 before the bench of Justices Maheshwari and Aniruddha Bose, when the Court directed a husband to approach the authorities under Section 97 of the Code of Criminal Procedure 1973 (CrPC) and withdraw his Writ Petition (Habeas Corpus) under Article 32.The husband had filed a Writ of Habeas Corpus directly...

National Policy For Rare Diseases : Implications & Shortfalls

The concept of 'rare disease' can be termed as a phenomenon to which medical professionals are well acquainted with, but not the remaining majority of populace. Except for those who are visited with this catastrophe and the people who are working towards this cause, by and large it is still an unknown concept. As a matter of fact, there is no universally recognized or a common definition for rare diseases. At the same point of time, different nations have come forward with their own...

Amalgamation Will Not Necessarily Result In Vesting Of Licenses And Rights With The Transferee Company

By the process of amalgamation multiple business entities combine and consolidate into one entity. A Transferor Company is the company which is amalgamated into another company and a Transferee Company on the other hand is the company into which the Transferor Company is amalgamated. There are various rationales that Companies have for amalgamating with each other viz. for administrative or operational efficiency, reduction in overheads and expenses, economies of large-scale operation...