Articles
Status Of Law Clerks?
The Supreme Court of India and High Courts hires young law graduates on an adhoc basis for Law Clerk-Cum-Research Associates. The Law Clerks are assigned with the work of assisting the Judges in both judicial and administrative work. The scheme of engagement of Law Clerk was revised recently by the Supreme Court in 2023. Even though the nature of work, duties and responsibilities are...
Breaking Down The Fallacies In UAPA
In recent years, The Unlawful Activities (Prevention) Act (UAPA)[1], has been the subject of intense scrutiny and debate. While it was enacted with the intention of combating terrorism and ensuring national security, its implementation and the consequences have sparked concerns about the erosion of civil liberties and the stifling of dissent. With the increasing concerns over the UAPA,...
Unilateral Appointment of Arbitrator: In defense of Legislative Intention
The Government’s undying effort to make India a truly globalized economy and an attractive spot for investment has laid the foundation for a robust international arbitration framework. One of the vital stimulant to attract investment and promote cross border trade is a stable, cost and time effective mechanism to resolve disputes. The biggest inducement for non-Indian entities to choose...
Selling Cigarettes In India Without Statutory Warnings
India has 267 million tobacco smokers, making it the country with the world's second highest number of tobacco users. Tobacco is currently smoked by around 100 million persons aged 15 and older and it is believed to be responsible for more than 1.2 million fatalities.[1] The most common method of communicating the health consequences of smoking is through health warnings on...
Micro, Small And Medium Enterprises- The Heart Of Indian Economy
Out of the current estimated GDP of India, which stands at 273.08 Lakh Crore Rupees, roughly 30 to 32% is contributed by the Micro, Small and Medium Enterprises (MSME); the share of MSME in manufacturing sector of our country is about 37%, in exports it is about 50%, and cater to roughly about 11.10 Crore jobs in the country.[1] Clearly, they are one of the main pillars the...
Law Commission’s Report on Sedition Ignores Free Speech Law and Indian Colonial History
The Law Commission of India released its 279th Report on ‘Usage of the Law of Sedition”. The Report not only recommends for the retention of the colonial era provision, but also seeks to enhance the prescribed punishment from three years to seven years. Further, in a feeble attempt to add clarity to the law, the Report defines the term “tendency” as a “mere inclination to...
Policing of Prayers
The Indian state has been becoming a shrinking space for liberal and secular discourse. The actions of the various actors as well as the ruling party have been responsible for such a state of events. The growing religious intolerance has become cynical and taken a monstrous shape. The events which occurred in Uttar Pradesh are a testimony to this fact. On 23rd December, the principal of...
Vicarious Liability In Cheque Bounce Cases: Unable To Quash Trial Court Proceedings
“A Mumbai-based director of a company finds himself in hot water after a cheque issued by his company towards a creditor bounces due to insufficient funds. Despite not being involved in taking the loan or signing the cheque, the director is sued alongside nine other employees of the company. To his surprise, he discovers that there is no provision to directly quash the complaint before the trial court, and he must go all the way to the Delhi High Court for relief.”
Avoidance Of Undervalued Transactions Under Section 45 Of The IBC, 2016
The transactions that can be avoided or those referred to as avoidable transactions are covered under Sections 43 to 51 of the Insolvency and Bankruptcy Code, 2016, respectively. There are three types of transactions that fall within this category, preferential (Section 43), undervalued (Section 45), and fraudulent (Section 66) transactions. In the landmark case of Anuj Jain Interim...
World Environment Day: Important Judgments On Environmental Protection
“Natural resources are the assets of the entire nation. It is the obligation of all concerned, including the Union Government and State Governments to conserve and not waste these resources. Article 48-A of the Constitution requires that the State shall endeavour to protect and improve the environment and to safeguard the forest and wildlife of the country. Under Article 51-A, it is the duty...
Market Value, Can The Collector Look Beyond The 3 Parameters Provided In Clauses (a), (b) And (c) Of Section 26(1) Of The 2013 Land Acquisition Act?
Section 26(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is as below: ‘(1) The Collector shall adopt the following criteria in assessing and determining the market value of the land, namely:— (a) the market value, if any, specified in the Indian Stamp Act, 1899 (2 of 1899) for the registration of sale deeds...
Restrictive Clauses V. Law Of Limitation: Can The Right To Arbitration Be Restricted To A Lesser Period Than Provided Under The Limitation Act?
It is not uncommon for arbitration practitioners to come across agreements, the provisions of which are lop-sided and designed to favour the dominant party or the employer. These clauses are almost non-negotiated and one party is often made to sign on the dotted lines. These may inter alia include clauses like the requirement of mandatory pre-arbitration deposit,[1] unilateral option...