Articles
Role Of A Defence Lawyer During Examination-In-Chief
At the outset, it is stated that the role of a defence lawyer during examination-in-chief is the most ignored strategical aspect of defending an accused in a criminal trial and there are no books on this strategical aspect of law. So much so that even a google search does not yield any effective result. Keeping that in mind, the present article focuses to shed light on...
Manan Kumar Mishra's Personal & Political Battles Using BCI Chairman's Office
The Press Releases of the Chairman of the Bar Council of India, Manan Kumar Mishra, follow a common pattern –they are always aimed at stifling genuine criticism, and stalling reforms. With a series of ad-hominem attacks and labelling, the BCI Chairman ensures that any space for dialogue, introspection and critical analysis is erased. There is also an attempt to pass off these views...
Prosecution Vs. Persecution
The Constitutional Scheme in India had in its wisdom, allocated Police including Railway Police, to the State Governments under List II of the Seventh Schedule. The Rational of this scheme not only secures the Federal Structure of the Country, but also the democratic character of its polity ensuring that no armed force except the Army, operated under the instructions of a single...
[Column] 'The Wise Crack of Mr. Salve': Dinesh Dwivedi, Senior Advocate
The wise crack of Mr. Harish Salve is in reality an attempt to revive the debate called "Tyranny of the unelected". It is not difficult to guess who has said this. Though Mr. Salve has tried to hedge his diatribe by referring to the 4G issue in Jammu & Kashmir, my suspicion is that these observations are prompted by the recent happenings. Yes, the 4G issue in J&K was vociferously taken...
To CAP Or Not To CAP: The Bombay High Court On Equality And Access To Education
In an interesting judgment delivered recently (Yash Pramesh Rana vs State of Maharashtra), a Full Bench of the Bombay High Court struck down Government Resolution ["GR"] dated 27.2.2013. This Government Resolution had restricted the application of a fee-reimbursement scheme only to those SC/ST/OBC students who had taken college admission through the government-run Common Admissions...
Doctrine Of Clean Slate: Headway In Insolvency Law?
The doctrine of clean slate, has remained largely undefined in Indian insolvency law. This principle largely means that following the culmination of the Corporate Insolvency Resolution Process ('CIRP') of the corporate debtor, the successful resolution applicant would have taken over the business of the corporate debtor and would begin operation with a 'clean slate'. That is to say that...
On the Applicability Of The RTI Act To PM Cares And The Need For Accountability
Prelude to the Controversy Since its launch on March 28, 2020, the Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund "PM CARES" has courted as much controversy as it has funds. Having reportedly collected over INR 6500 crores within a week of its launch, the fund has incurred the wrath of the opposition (for the political-signalling acronym and for ignoring...
Reforming Slum Rehabilitation In Mumbai: The Worst-off Are The Worst Hit By Covid-19
It is estimated that roughly 40-50 percent of Mumbai's total population of 18.4 million stay in slums. Dharavi, a 2.1 sq. km. irregular pentagon in the heart of Mumbai, which is Asia's biggest slum after Orangi town in Karachi, had reported 1,541 confirmed Coronavirus cases until May 25. After all, social distancing is challenging in an area that has a population density of 869,565...
Why We Can't Have A 'Democratic' Discourse On Death Penalty
After hearing a death sentence for the first time in my life, with my own ears in a court of law, I had trouble returning to the normal course of life over the next several days. I felt like a blunt weight was inside my chest. The moment the presiding judge announced death penalty, death reared its head in the court… The death that appeared in the courtroom took away its...
Res Judicata
The doctrine of res judicata is understood as "a matter adjudged". Founded on the principle that a litigation between parties must attain finality[1], and on the principles of justice, equity and good conscience[2], res judicata dictates that a right or fact established by a competent court in an earlier proceeding ought to be conclusive and binding upon the parties and those in privity...
Effect Of 2015 Amendment To The Arbitration And Conciliation Act On Limitation Period To Challenge Arbitral Awards
The regime of alternative dispute resolution worldwide and more specifically in India has attracted small and big commercial enterprises to get their disputes resolved through arbitral proceedings. The Arbitration & Conciliation Act, 1996 ("the Act") governs the procedure relating to such arbitral proceedings from its invocation to rendering of Award and to its challenge in quite...
A To Z Of The Insolvency And Bankruptcy Code | A Beginner's Guide
Spoiler alert here: the title of this article is misleading. This is, by no means, a complete alpha to omega of the Insolvency and Bankruptcy Code (IBC) and we will merely be skimming at its surface. We call it the 'A to Z of IBC' because what we have done here is - arrange the most fundamental principles of IBC law alphabetically, like a dictionary of sorts. Given the...