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 but within days Alamin began beating Momita for failing to bring a dowry of Rs 10,000. Five months later,...

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 Insolvency and Bankruptcy Code, 2016 (Code). NCLAT was seized of the question while dealing with a case of an...

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 as international commercial arbitration in consonance with the UNCITRAL Model Rules, the New York Convention...

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 adjudicated upon. While returning a finding on the issue of Jurisdiction, the Court has to see whether it has the...

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, & more particularly the role of the last 4 CJIs." Allegation is that democracy was destroyed by...

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 displayed little or no trepidation at the thought of the impending deadline, while the rest of us rushed to print...

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 judgment in that case.Mohandas Karamchand Gandhi and Mahadev Haribhai Desai were the editor and publisher of a...

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 was passed in 1926. It was later replaced by the Contempt of Courts Act, 1952. The 1952 Act was replaced...

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 the reference at one point — the Tofan Singh reference lay in cold storage. Till January 2019, that is, which is...

Understanding The Regulatory Regime For Clinical Trials In India

The process of developing a new drug, which has preventive or curative effects on ailments, is known as a 'clinical trial'. However, like all other human activities, there exits laws for regulating this process. This article examines the procedure for developing a vaccine as mandated by law in India and globally and the deficiencies given the need of the hour. History of the Legal Framework Concerning Clinical Trials in India The pharmaceutical industry is largely governed by the...

The Transgender Persons (Protection of Rights) Act, 2019

All but the transgender community in India has been deprived of basic rights in the fields of education, employment, and healthcare and have been subject to discriminatory practices since time immemorial. It was only recently that the need to protect their rights has been realised and a Bill was introduced in the Rajya Sabha "The Transgender Persons (Protection of Rights) Act, 2019" seeking to protect and empower them. Prior to the introduction of such bill, in the year 2013 the...

AP HC Issues Notice To Centre, State On PIL Alleging Phone-Tapping Of HC Judges With Connivance Of Govt., To Malign Institution Of Judiciary [Read Order]

The Andhra Pradesh High Court on Tuesday issued notice to the Centre, the state government, the CVC, the CBI and the TRAI on a PIL alleging that "with the active instigation of political bigwigs", an attempt is being made to "tap/keep surveillance on the phones of some of the judges of the High Court of Andhra Pradesh" with a view to "tarnish the image of the prestigious institution of the judiciary". Recording that "this public interest litigation has been filed inter-alia contending that as...