Articles
Why The BCI Should Reconsider The Rules Governing The Provision Of A Scribe And ‘Extra Time’ For Pwd Applicants In AIBE-XVIII ?
Earlier today, the Bar Council of India (BCI)released a revised schedule for the All India Bar Examination (AIBE)-XVIII, postponing the exam to 26th November 2023. To practice law in courts and tribunals of India, one has to clear the AIBE, conducted biannually, within 2 years of their provisional enrolment with a State Bar Council. With every subsequent edition of the exam, the BCI...
War For Talent – Antitrust & Collusion In The Labour Market
No-poach agreements (NPAs) are an emerging trend in global antitrust policy. It’s an agreement between employers to restrict hiring each other’s employees. In 2015 in the US, top tech companies Apple, Google, Intel Corp, and Adobe Systems Inc settled for $415 million payout to resolve an antitrust class action accusing them of conspiring to avoid cold calling each other’s...
Safe Harbor: Bridge To Innovation Amidst The Waters Of Liability?
Today internet has become an integral part of our daily lives, and the concept of safe harbour provisions has emerged as a critical legal framework. These provisions aim to strike a delicate balance between fostering innovation and holding online platforms accountable for the content they host. Different jurisdictions around the world have adopted varying approaches to safe...
Speedy Justice And Lengthy Delays, The Arbitration Process
Through the decades, it has been witnessed that Arbitration carries a huge possibility for delays either due to the court’s procedural interference or due to non-compliance with the limitation periods specified under the Act. However, the real paradox arises in the post-arbitral award stage. This is because often when a party is dissatisfied with the final award and approaches the court...
Article 20 (3) & Test Identification Parade: The Question Of Rights And Obligations
The Supreme Court of India recently in a judgment[1] passed by it has delved into whether Test Identification Parade is violation of fundamental rights bestowed upon an accused under Article 20 (3) of the Constitution. Article 20 (3) of the Constitution provides that “No person accused of any offence shall be compelled to be a witness against himself”. The right guaranteed under...
Doctrine Of Frustration
Frustration is a helplessness arising from impossibility. The doctrine of frustration therefore discharges parties from their obligation to perform a contract when a contract is hit by an event that makes its performance impossible. Even though, the semantic meaning appears simple, it has become a complex subject because of a thin line of distinction between several concepts such as...
Remission Granted Or Not Granted: Crossing The ‘Laxman Rekha’
‘Clemency’ refers to the act of showing mercy or leniency to individuals who have been convicted of crimes. This can be in the form of a pardon, reprieve, commutation, or remission of their sentences. ‘Remission’ generally refers to the reduction or mitigation of a sentence that has been imposed on a person who has been convicted of a crime and allows for the reduction of the...
Differentiating Jurisprudence On Pre-Condition To Invoke Arbitration
In India, it is a common trend to incorporate a pre-condition under the arbitration agreement to follow certain conditions to invoke the dispute resolution clause. The rationale behind having these provisions in the arbitration agreement is to prevent frivolous claims and invocation of arbitration or any other dispute resolution claim. On the other hand, these provisions also...
Decrypting Arnesh Kumar Guidelines For Making Arrest
It is almost a decade since the Supreme Court passed a slew of guidelines in Arnesh Kumar v. State of Bihar, 2014 for curbing unnecessary arrests at the hands of police officers. However, till today, I find confusion persisting in the minds of lawyers, police officers, and litigants as to the exact import of these guidelines. In this article, I will throw some light to decrypt and...
BNSS – A Case Of Missed Opportunity
The recently tabled Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which aims to replace Code Criminal Procedure, 1973 (Cr.P.C.) misses out a great opportunity to reform our criminal procedure system. This article discusses two significant issues from a common man’s perspective: (a) registration of FIR/Complaint leading to initiation of the investigation; and...
Electronic Evidence In The Bharatiya Sakshya Bill, 2023 – Regressive Or Progressive?
As the world started communicating electronically by way of emails and text messages, mutual obligations crystalized without putting pen to paper, admissibility of electronic evidence was introduced by way of Section 65A and 65 B in the Indian Evidence Act, 1872 (IEA) in the year 2000. Section 65 B of IEA: The interpretation of Section 65 B of IEA has resulted in...
Rajesh and Another v. The State of MP : A Patently Erroneous Interpretation Of Section 27 Of Evidence Act By Supreme Court
C O N T E N T SSl. No:I N N E R T I T L E SPARANO.ATHE IMPELLING PROVOCATION FOR THIS ARTICLE. 1BWRONG VERDICTS AT THE TOP MAY BREED MYRIADS OF ILLEGALITIES AT THE BOTTOM.2CPERNICIOUS TREND OF CONFLICTING VERDICTS FROM THE APEX COURT, DESPITE ALL TECHNOLOGICAL FACILITIES. The functional privileges at the disposal of the Judges. The reference order of Justice M. P. Menon...