Articles
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...
Leniency Plus: Excessive Generosity Or A Shiny Armor In The Indian Leniency Regime?
In a bid to aid the Competition Commission of India’s (“CCI”) cartel enforcement efforts, the Competition (Amendment) Act 2023 (“Amendment”) has introduced the ‘leniency plus’ tool in India.[1] Leniency means discounts on fines for disclosing an anticompetitive cartel. Leniency plus means firms coming forward to reveal one cartel can get additional discounts if they...
Are Deep Fakes Digital Chameleons?
In an era dominated by artificial intelligence (AI), a new breed of mischief has emerged - deepfakes. These cunning concoctions, born from the marriage of “deep learning” and “fake,” are causing quite a stir. They have become a riddle wrapped in a puzzle, challenging our perception of reality and posing a profound question: How do we grapple with this digital deception...
CCI Can Scrutinise PSUs: A Stepping Stone Towards Competitive Neutrality
Recent decision in the case Coal India Limited(“CIL”) v. Competition Commission of India (“CCI”) by the Supreme Court of India (“SC”) has revived the discussion around the principle of Competitive Neutrality in the Indian market. A full bench of SC settled the ongoing tussle between CCI and CIL over the reconciliation of Coal Mines(Nationalisation) Act, 1973...
Is Section 17 Of The Senior Citizens Act Void?
Legal aid is everyone’s right for securing justice. On the authority of Article 39-A of the Constitution of India, the State shall secure that the operation of the legal system promotes justice based on equal opportunity and shall in particular provide free legal aid by suitable legislation or schemes or in any other way to ensure that opportunities for securing justice are not denied...
Search And Seizure – The Best Practices
Search and seizure are an important tool in the hands of law enforcement agencies (LEA) to properly investigate a case. The power to search and seize can be exercised by the police either suo moto under section 165 of Code of Criminal Procedure, 1973 (hereinafter referred as CrPC) or under a warrant issued by the court under section 93 CrPC. While the law authorizes the police to...
The Election Commission Bill, 2023: The Way Far Away From Independence
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 (the Bill) was introduced unexpectedly in Rajya Sabha in the last days of the monsoon session of the Parliament. From the Statement of Objects and Reasons of the Bill, it can be understood that the Bill aimed to replace the selection committee...
Sequestering Digital Autonomy: How New Data Protection Act Affects Digital Accessibility
The much-awaited Digital Personal Data Protection Act, 2023 (DPDP Act, 2023) is reflective of the indispensable mechanism required to ensure the digital autonomy of the users at a time when India becomes the second country with the highest number of internet users (692 million). However, whether digital autonomy is available to everyone equally is the question to...
Impleadment Of Unnecessary Parties In Consumer Disputes: Akin To The Principles Of CPC?
Consumer disputes are an inherent part of the modern marketplace, and as e-commerce has grown in popularity, they have become even more common. The Consumer Protection Act, 2019 a social welfare legislation in India, deals with protecting consumer rights. The objective of the Act is to protect the interests of the consumers and for timely settlement of disputes so as to safeguard the...
Pornography v. Mother’s Cooking: A Rather Forced Match
Kerala High Court, in a judgment delivered on Teachers’ Day, on 5th September, while deciding the legal question of whether a person watching a pornographic video in his private time constitutes an offence, launched into a lecture on good parenting in the following words:“9. But before parting with this case, I must remind the parents of minor children in our country. Watching pornography...
India's Conflict Resolution Landscape: Exploring Mediation Vis-à-Vis Restorative Justice
In the steadily evolving landscape of dispute resolution, India has witnessed a noticeable surge in Alternative Dispute Resolution (ADR) mechanisms, including mediation, arbitration and Lok Adalats. ADR techniques operate outside the litigation process and can be employed to resolve various types of disputes, contingent upon the mutual consent of the parties. Recent statistics,...
Arbitration Award And Stamp Duty Paid On It
Award of an Arbitrator is an instrument chargeable with duty as per section 3 of the Indian Stamp Act, 1899. There is no exemption for any Award. Is any duty payable on an Award dismissing a claim? If any duty is payable on such an Award, what is the rate at which it is payable? If no duty is payable, even when the property involved in the dispute is valued at hundreds of crores of...