Articles
Missing Scale Of Justice To Weigh The Grant Of Interim Relief In Arbitration Proceedings
Despite a long history of arbitration laws in India, the scope of powers of the Courts/ Arbitral Tribunals under Section 9/ Section 17 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) remains a topic of further enquiry and the jurisprudence continues to take twists and turns. Section 9 and Section 17 of the Arbitration Act empower the Courts and Tribunals to grant...
Ram Rahim's Parole Saga: Legal Questions, And Call For Reforms
On January 19, 2024, Gurmeet Ram Rahim, the Dera Sacha Sauda chief, was released on a 50-day parole from prison for the 9th time, marking 7th in the recent 2 years. He is serving a 20-year jail term for raping two of his disciples. He is also convicted for murdering a journalist Mr. Ram Chander Chhatrapati and his own Dera manager Mr. Ranjeet Singh in 2002, and awarded life...
Mahatma Gandhi Murder Case – Brief Facts
On this day, 30th January, the father of our nation was murdered by Nathuram Vinayak Godse, a Hindu Mahasabhaite. Date of Assassination30th January, 1948FIR registered on 30th January, 1948 at 5:17pmFIR lodged by Nandlal Mehta at Tuglak Road P.S.Police submitted charge sheet 27th May, 1948Number of Prosecution Witnesses149Total number of Accused persons Out of 11 accused , 3 were...
A Judgment That Is Going To Cost Me The Chief Justiceship
Two days after our Constitution came into force, the Supreme Court had its first sitting on the 28th of January 1950 at the Parliament House complex – the building which functioned as the Apex Court, till it moved to its present location at Tilak Marg. At this august gathering of the Judges of the Supreme Court, Chief Justices of High Courts, Advocates General, Prime Minister Nehru,...
Message In A Bottle
Though the sun was very bleak on late afternoon of January 19th, 2024, but it shone extremely bright in the Supreme Court of India, when the Full Court conferred the honour of Senior Advocates on 56 lawyers, 11 of them being women. Designations in the Supreme Court are usually internal ongoings of the court not attracting much interest, but this time they have been keenly observed by...
Evolving MSME Jurisprudence: A Look At Important Decisions From 2023
In the dynamic realm of Micro, Small, and Medium Enterprises (“MSME”) Law in India, the year 2023 emerged as a pivotal chapter marked by significant judicial pronouncements that reshaped the contours of this relatively nascent legislation. The long title of the Micro, Small and Medium Enterprises Development Act, 2006 (“MSMED Act”) sets out the reasons for its enactment –...
Justice Abhijit Gangopadhyay: Calcutta High Court Judge With Penchant For Courting Controversies
Recently, Calcutta High Court judge, Justice Abhijit Gangopadhyay stirred controversy when he ignored and declared illegal an order of a division bench presided over by Justice Soumen Sen, who had stayed the single judge's order for a CBI probe into medical admission irregularities in West Bengal.Justice Soumen Sen, a senior judge, presided over a division bench also comprising Justice...
Republic In The Crosshairs Of Authoritarianism & Constitution
The consecration and inauguration of the Ram Temple at Ayodhya by Prime Minister Narendra Modi on 22 January 2024 marked a very crucial moment in the history of the Republic. This moment not only showcases the conspicuous, blatant, and systemic intertwining of state, politics, and religion. It has even given short shrift to constitutionalism while bringing to the fore the metamorphosed nature...
The Mediation Act, 2023: Paving The Way For India As A Mediation Hub
Mediation is a process whose avowed objective is to provide a safe space for disputants to resolve their disputes without getting stuck in the mire of procedural complexities and legal constrictions. It is therefore paradoxical that we need a law to regulate mediation itself. But being a society governed by the “Rule of Law”, we need a law to confer legitimacy even on something that is...
Synthetic Media And Legal Quagmires: Unveiling Deep Fakes In The Indian Legal Context
The media landscape is currently experiencing a profound transformation due to the introduction of AI-generated content, marking an imminent shift in both media production and consumption. The creation of media has transcended physical boundaries, evolving into a fully digital process,allowing for innovative approaches to content generation. This newly evolved media known as...
Hague Convention On The Service Abroad, 1965: Litigation And Explanation
The Hague Service Convention must be embraced and upheld in order to preserve a cohesive legal system, advance cross-border legal certainty, and eventually fortify the basis of international legal relations. When the plaintiff files a lawsuit, the defendant must be notified that a lawsuit has been filed against him and that he must appear in court to defend it. Technically, the...
Finfluencers And The Mandate Of Registration: The Way Forward
The year of 2023 witnessed a series of crackdown by SEBI on financial influencers, or Finfluencers i.e., individual or group of individuals who provide financial advices on social media. Notable individuals like PR Sundar, Mohammad Nasiruddin Ansari (operating as "Baap of Chart"), and Gunjan Verma faced stringent actions for spreading false and misleading information, resultantly, leading...