Articles
Father Stan Swamy Died As A UAPA Martyr; But Political Prisoners Continue To Suffer Without Bail
Two years ago, on July 5, Father Stan Swamy died as an undertrial prisoner in the Bhima Koregaon case after 270 days of incarceration. The 84-year-old Jesuit priest and tribal rights activist – arrested over alleged links to Naxals – was the country’s oldest inmate charged under the anti-terror law, the Unlawful Activities (Prevention) Act. “But we still sing in chorus. A caged...
Understanding The UP-Gangster Act: A Comprehensive Analysis
Recently in June 2023, Mukhtar Ansari, Ex-UP MLA, was awarded a life sentence in the 32-year-old Awadesh Narain murder case. A fine of Rs. 1 lakh has also been imposed upon him. The MP/MLA court in Varanasi announced the quantum of punishment. Last year, a special MP/MLA Court of Ghazipur convicted him under The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention)...
Using Fairness Opinions By IFAs To Improve India’s RPT Framework
Related Party Transactions [‘RPT’] refers to dealings between parties with an existing relationship or a common motive. Due to concerns with conflicts of interest and abuse of power in such transactions, the Securities and Exchange Board of India [‘SEBI’] has put in place measures in the Companies Act as well as the SEBI Listing Obligations and Disclosure Requirement...
NCP Rift : Examining Validity Of Ajit Pawar Group's Actions In The Light Of Supreme Court's Judgment In Shiv Sena Case
Monsoon seems to be season for high political drama in Maharashtra. The script of the drama appears same, only the actors change. If it was the rift within the Shiv Sena party which set off dramatic events last Monsoon, this year it is the rift within the Nationalist Congress Party (NCP). A section led by Ajit Pawar and Praful Patel have broken ranks with the NCP supremo Sharad Pawar and...
Justice Mukta Gupta – From A Prosecutor’s Desk
Justice Mukta Gupta’s retirement draws curtain on a remarkable tenure as a Judge of the Delhi High Court. During her retirement function, she repeatedly mentioned that it was her fourth innings in the legal profession. Indeed, prior to being appointed as a Judge, Justice Gupta appeared on behalf of the State/Govt. of NCT of Delhi as an Additional Public Prosecutor,...
TN Governor Is Liable To Be Recalled Due To His Unconstitutional Actions
There are enough and more reasons for the President of India who appointed RN Ravi as the Governor of Tamil Nadu to recall him as he has repeatedly defied his constitutional oath of office and acted as a law unto himself. He had been doing so in the past but he has now crossed all limits after he unilaterally dismissed Senthil Balaji from the Council of Ministers without the advice of the...
Is It Time for India to Reconsider Its Stand on The Hague Abduction Convention?
After decades of skeptical side glances and nervous flirting, India and the United States finally seem ready to take their relationship to the next level. Prime Minister Modi’s recent state visit to the United States is a testament to the beginning of a new era of stronger ties between the two countries. In every relationship, certain topics are off-limits for discussion. However,...
Examining The Ambiguities Surrounding Finality Of Interim Awards
On June 14, 2023, the Ministry of Law and Justice constituted an expert committee for evaluating the working of the Arbitration law in India, examine its strengths and weaknesses, and recommend the reforms in the Arbitration and Conciliation Act, 1996 (“the Act”). This has given us an opportunity to look into the loopholes of the Indian arbitral ecosystem and work upon them. One...
A Review Of The NGT On Environmental Compensation And Waste Management Implementation
The National Green Tribunal (NGT) since its inception has been vigorously adjudicating environmental disputes in accordance with the legislative and governmental policies. Headlines in the media of heavy penalty or compensation by the court are being reported often. Despite such headlines, the same media on the other page report the poor quality of the air, polluted rivers,...
Compensatory Afforestation: Highlights And Challenges
Under the Forest (Conservation) Act, 1980, whenever forest land is diverted for non-forest purposes such as residential, commercial, mining and industrial purposes, an equivalent area of non-forest land has to be taken up for compensatory afforestation. Additionally, in line with the ‘polluter pays’ principle, the entity responsible for such land diversion is also liable...
Are Dissenting Financial Creditors Adequately Protected Under Section 30(2)(e) Of The Insolvency And Bankruptcy Code (IBC)?
When a Resolution Applicant (RA) submits a Resolution Plan to the Committee of Creditors [“CoC”], the CoC engages in extensive discussions to decide whether to approve or reject the plan. If the plan is rejected and brought before the National Company Law Tribunal (NCLT), the NCLT initiates the liquidation process as per Section 33(1) of the Insolvency and Bankruptcy...
World Drug Day: 20 Important Judgments On The Narcotic Drugs and Psychotropic Substances Act
“The Narcotic Drugs and Psychotropic Substances Act has been enacted with the object of meeting the unprecedented challenge of illicit traffic in narcotic drugs and psychotropic substances. Drug abuse has been recognized as the single most powerful social offender in recent times creating unimaginable extent of damages on frighteningly large sections of the society. Its effect on the...