Articles
A Critique On The Epidemic Diseases (Amendment) Ordinance, 2020
On 22nd April 2020, the Central Government has taken the "Ordinance route" to amend the Epidemic Diseases Act, 1897. COVID 19 has undoubtedly been probably the biggest challenge which the human race has witnessed in recorded history. On 11th March, 2020, when the WHO declared COVID 19 as a global pandemic, 1,18,000 cases were reported from 114 countries with 4,291 causalities. As on date...
Kesavananda Bharati -II : The Case We Do Not Know, But Ought To Know
[This post is part of a special series celebrating 47 years of the decision in Kesavananda Bharti v. State of Kerala, wherein the Supreme Court of India laid down the 'Basic Structure Doctrine']. The Supreme Court of India in Kesavananda Bharti v. State of Kerala [(1973) 4 SCC 225] had laid down the basic structure doctrine, according to which the Parliament can amend any part of...
[Further Investigation] Laxman Rekha By The Supreme Court On Power Of The Investigating Agencies
The Hon'ble Supreme Court has put an end to the endless investigation; basically it has created an embargo to unending investigation and put chains to the wrath of investigation faced by the accused. A three judge bench headed by HMJ Nariman has drawn a Laxman Rekha for the investigation agencies across the country in the case titled Vinubhai Haribhai Malaviya vs. State...
[Column] 'World IP Day 2020 – Innovate For A Green Future' By Justice Pratibha M Singh
Greetings on World IP Day. The World Intellectual Property Organisation (WIPO) was created more than 50 years ago as one of the 16 agencies of the United Nations for promoting the protection of Intellectual Property. Its predecessor was the BIRPI which was established in 1893 to promote the creative industry. The WIPO decided to celebrate 26th April every year as the World IP...
Covid's Clarion Call For Foreign Contribution
The ubiquitous Covid-19 has taken the planet by a storm with its imperious influence being felt everywhere. The crisis has compelled some far-reaching steps by all nations to arrest the progression of the pandemic. India, too, has been steamrollered into undertaking unprecedented measures to tackle Covid-19 and put brakes on the rising corona-curve. One such measure has...
World Intellectual Property Day : The Square of Infinity
"The Square is a sanctuary of trust and caring Within its boundaries we share equal rights and obligations" "The Square", a Swedish movie which was screened at the International Film Festival of India at Goa in 2017, amazed many with its different approach in communicating an age old common message of humanity, the echoes of which have been ignored persistently. It...
Lessor/Lessee Disputes Whether Arbitrable
Arbitration is a mechanism by which the parties to an agreement decides the mode and the manner by which the dispute between the parties may be adjudicated. Given the fact that our Judicial system is already overburdened, Arbitration as an alternate dispute resolution mechanism is undoubtedly a natural choice for the parties looking for expedited adjudication of their disputes. ...
The Supreme Court's Decision In BGS SGS SOMA: A Discordant Harmony?
The Supreme Court's recent decision in BGS SGS Soma JV[1] laid down the law on the question of determination of the seat of arbitration, in both international commercial arbitrations as well as in domestic arbitrations. After exhaustive review of the English and Indian case law on the subject spanning more than 30 years, the court did a commendable job in finding a harmonious tune. But...
A Sequel To Serajuddin Ansari Case
You Can Read the First Part HEREThe Curious Case Of Serajuddin AnsariAfter having narrated the tale of Serajuddin who languished in jail for 14 years only to be acquitted in a hurried trial at the end of it, let us explore whether he could be termed a 'victim' according to our legal system. This topic though complex, is relevant, since numerous Serajuddins must be in jail suffering a...
Law On Reels : Nuance-Free Depiction Of A Lady Lawyer In 'Four More Shots Please'
"I was the first woman to burn my bra - it took the fire department four days to put it out."― Dolly Parton Allyson Berri, in her rather interesting article "What's behind Dolly Parton's rejection of feminism?" points out very interesting statistics. She says less millennial black women identify themselves as feminists (21%) compared to white women (26%). 75% of white women felt...