Articles
Some Problematic Areas Of Delhi HC Video Conferencing Rules : Marking Of Evidence, Remand Of Accused, 313 Statement Etc
1st June, 2020 marked a historic day for the justice administration system for the entire country, and more particularly for the nation's capital. The Delhi High Court notified the High Court of Delhi 2020 (hereinafter, "Rules") which allow for all stages of judicial proceedings to take place through video conferencing. The Court also passed separate notifications under Rule 1(i) of...
Prosecutors Cannot Lose Sight Of Rights Of Citizens
The Bar Council of India Rules on "Standards of Professional Conduct and Etiquette" cast a high duty on all Advocates to restrain and prevent their clients from resorting to sharp or unfair practices and to use restrained language in correspondences (Section I Rue 4). While all advocates are duty bound to fearlessly uphold the interests of their clients, a higher burden is cast...
Monsanto v. CCI – A Critique of Delhi High Court's Judgment
Introduction A Single Bench of the High Court of Delhi gave its judgement in Monsanto Holdings Pvt. Ltd. & Ors. v. Competition Commission of India & Ors. on 20th May 2020, dealing with the question of overlap of jurisdiction between the Competition Commission and the Patents Controller. This paper aims to present a critique of the judgement by analysing the core arguments and...
COVID-19 And Relief Under RERA- A Critical Analysis
The pandemic COVID-19 outbreak has created a huge impact on the economy. Which in turn pushed sentiment in real estate to its all-time lowest level. It has affected not only the residential and but also the commercial real estate sector. The residential sector has been facing a lower demand, which has now put the developers in dilemma regarding taking a risk by launching any...
Fundamental Freedoms And The Extent Of Permitted Restrictions: Analyzing Maharashtra Gag Order During Covid-19
On 23rd May 2020, the Dy. Commissioner of Police, Greater Mumbai (Operations) & Executive Magistrate issued an Order under Section 144 of the Criminal Procedure Code ("CrPC") to curb the dissemination of fake news which is resulting in the spread of COVID - 19. In view thereof, the Order prohibits the dissemination of information through various messaging and social...
Virtually Not Your Court
A man is on trial for murdering his wife, although a body has not been found. His lawyer says there is not enough evidence. "The ex-wife is not even dead, I am going to prove it to you, she is going to walk through the door in about one minute." All eyes are focused on the door. A minute passes. Another minute passes. And another. The prosecution says: "she didn't...
The Intrinsic Interplay Between The Right To Dignity And Rule Of law
Rule of Law and the Right to dignity are but two sides of the same coin, inasmuch as neither can exist without the other. The fundamental value that certitude in law holds for the protection of human dignity has never been so acutely experienced in recent history as in the past couple of months. Undoubtedly, this unprecedented crisis has brought forth our peoples' spirit of duty...
Timely Completion Of CIRP Under IBC Post 2019 Amendment A Conundrum
As per Section 12 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as "Code"), Corporate Insolvency Resolution Process (hereinafter referred to as "CIRP") should be completed within 180 days from the date of admission of application by financial or operational creditor to initiate such process. However, this period can be further extended to maximum 90 days, provided...
PM-Cares Vs PMNRF: Where Is My Money Going?
The Present Article is an attempt to look into the affairs of the Prime Ministers National Relief Fund (PMNRF) and the Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund' (PM CARES Fund) PMNRF: The PMNRF was established pursuant to an appeal made by way of a press note dated 24/01/1948 by the then Prime Minister Jawahar Lal Nehru. He felt the need to have such...
Cases of Multiple FIRs–Goswami Facts Needs A Re-Look In Future It Is Hate Crime, A Social Disorder!
The Arnab Goswami case in the Supreme Court resulted in quashing various similar FIRs which had been registered in different parts of the country relating to his TV programme broadcasted on 21.04.2020, viewed nationwide. Allegations in FIRswere communal in nature, instigating Hindus against Muslims and Christian[DPA1] . Very often, multiple FIRs are challenged in courts. On...
A Well Drafted Law – A Myth in Modern India
The Indian Judiciary, notwithstanding its limitations, has been enforcing the law as best possible in the situations before it. The judiciary knows that the law applicable is often archaic and requires updating. Seemingly going into a duel blindfolded (no pun intended), the judges on numerous occasions interpret such laws using every ounce of dexterity that they can muster, in order...
Implementing AI: First Step Towards De-Cluttering The Indian Judiciary
CJI Bobde has once again stoked up the debate that has been making its round amidst the legal fraternity, i.e. implementing AI in administration of justice. Speaking on the prospects and the technological exploits, CJI was clear in his stance by concretely marking the ambit AI, its future lies not in masquerading as a judge or a lawyer, but rather legally succouring them in the...