Articles
Column 12 Of Charge-Sheet, Delhi Police Showing A Person As ‘Suspect’ Is Arbitrary, Illegal, Unconstitutional
In Delhi, there is pernicious practice of Delhi Police of mentioning a person, against whom no incriminating evidence was found in the investigation, as a ‘Suspect’ in final Police Report. The practice is arbitrary, illegal, unconstitutional and ultra vires to the Code of Criminal Procedure, for the reason that it is settled law that the trial is always of an accused and once...
Unravelling Vienna Convention Amid India-Canada Rift On Diplomatic Parity
Amidst the recent arousal of geopolitical tensions between India and Canada, India asked its Canadian counterpart to decrease the size of its diplomatic mission to ensure the numerical parity of staff working in both countries. Following India’s requisition, Canada has removed its 41 diplomatic agents and their families, considering safety concerns post a threat of withdrawing...
Urgent Interim Relief Under Section 12 A (1) Of Commercial Courts Act, 2015,- A Camouflage Or Reality
Clearing the mist of controversy among the courts of our nation, the Hon’ble Supreme Court of India in a landmark Judgement of M/s Patil Automation Private Limited Vs. Rakheja Engineers Private Limited laid down that pre institution mediation in commercial matters is mandatory for the parties before approaching the commercial courts. However, in Patil Automation, the Hon’ble Apex...
Global Biofuel Alliance: India’s Tryst With Sustainable Development Goals
Biofuel technology encompasses a diverse array of methods for generating fuels from organic sources such as crops and biomass. The process begins with the selection of appropriate raw materials, ranging from corn to vegetable oils. There are two primary conversion techniques: biochemical, which involves fermentation, and thermochemical, utilising processes like pyrolysis. Biodiesel...
Legal Odyssey On Non-Heterosexual Marital Rights In Indian Tapestry - A Comment On Supriyo Vs. Union Of India
Despite decriminalization, the queer community faces ongoing violence, oppression, and ridicule. The State's limited efforts to address discrimination post-Section 377 persist. The law, especially Section 377, imposed social norms on homosexual relationships, shaping societal beliefs about queer identity. This lasting impact contributes to continued discrimination, pushing many...
Divide If Disclosed: Divisional Patent Applications Interpreted By Syngenta Limited V. Controller Of Patents And Designs
Divisional patent applications are distinct filings stemming from an initial parent patent application. The divisional process is typically employed when the original application asserts multiple, yet separate inventions concurrently. There may be instances where the initial application's scope is overly broad, or the claims within it are too varied to be adequately scrutinized in...
Breaking Barriers : How Justice Ravindra Bhat Expanded Scope Of Disability Rights
Justice S Ravindra Bhat, who retired as a Supreme Court judge on October 20, has made immense contributions to the expansion of disability rights jurisprudence in our country. He has advanced a pragmatic and purposive interpretation of the statutory provisions to further inclusivity and accessibility for persons with disabilities in the public sphere.Even before his elevation to the...
Reimagining Insolvency Resolution: Reverse CIRP A Game-Changer For India’s Real Estate Sector
The real estate industry is one of the thriving sectors in the modern business world. There are three parties in the real estate business – the real estate companies and their promoters (who develop the properties), the homebuyers (who purchase the flats/ apartments by engaging with the real estate developers), and the financial institutions (banks and other forms of...
Justice Ravindra Bhat's Scholarly Legacy : A Look At His Important Judgments
“Fraternity is not the assimilation of the minority into the majority. To the contrary, it is the celebration of peaceful coexistence of differences that constitutes our national identity." - Justice Ravindra Bhat at a public lecture.In the world of jurisprudence, there exist those who simply interpret the law, and then there are those exceptional few who redefine it. Justice Ravindra Bhat,...
Sex Workers, Their Adult Dependants, And Conflicting Laws
The Supreme Court of India in Budhadev Karmaskar vs State of West Bengal[1] held that prostitutes also have a right to live with dignity under Article 21 of the Constitution of India since they are also human beings and their problems also need to be addressed. Thereafter in 2022, in Budhadev Karmaskar v. State of West Bengal and Others[2] held that the “basic protection of human decency...
Equality Marriage Verdict: A Damper on the Century old Social Movement
The Indian Supreme Court passionately decriminalized the sex by same-sex partners in the Navtej Singh Johar Case and it upheld the constitutional rights of Non-heterosexuals or Queer or lesbians, gay bisexuals and transgender (LGBT) to cohabit as part of their privacy rights guaranteed by the Constitution of India. However, the apex court quietly backed out in the Marriage Equality Case...
How Laws Are Made In India
Recently Parliament has introduced the 3 Bills in Criminal Major Acts ; Bharatiya Nyay Sanhita Bills to( replace CRPC), Bhartiya Nagrik Suraksha Sanhita Bills to ( replace IPC) and Bhartiya Sakshya Bill to (replace Evidence Act) in August 2023. Women Reservation Bills 2023 (106 Constitutional Amendment Bill)have also received presidential assent. It is thus important to...