Articles
The Competition (Amendment) Bill 2023: Will It Pass The Test Of Constitutionality?
On March 29, 2023, the Competition Law (Amendment) Bill, 2023, was passed in Lok Sabha. The aim of this bill is to make additional amendments to the Competition Law (Amendment) Bill, 2022, based on the recommendation proposed by the Standing Committee on Finance. The most crucial change that government has proposed is to increase the methodology for imposing penalties on the...
The Tale Of Separation Of Powers; Appointment of Election Commission
The Supreme Court of India (SC), in the case titled Anoop Baranwal v. Union of India, has directed a change in the appointment mechanism of the Chief Election Commissioner (CEC) and Election Commissioners (EC). The current procedure entails the President appointing the CEC on the aid and advice of the Council of Ministers. The SC has ordered that until the Parliament enacts a law in...
Can Trial Court Accept Evidence In Sealed Cover In A Criminal Trial?
Recently, the Hon’ble Chief Justice of India, D.Y Chandrachud, once again reignited the debate around sealed covers by denying to accept information in sealed cover note submitted by the Central Government in the matter relating to OROP. While the debate around the practice of acceptance of evidence in sealed cover has been a long existing one. This debate has been primarily focused on...
Small Shareholders Director Under The Companies Act, 2013
The concept of small shareholder director was introduced to safeguard the interests of small shareholders in a company. The appointment of a small shareholder director is a measure taken to ensure that the small shareholders of a company are adequately represented and to prevent the board of directors from taking any decisions that are detrimental to the interests of...
Critically Analysing The Interpretation And Application Of The Definition Of Pre-Packaged Commodity
The Origin of modern legal metrology can be traced back to 18th century France with the introduction of decimal metric system for trade. In 1875, Treaty of Meter was enacted to bring international uniformity and precision of standards of weights and measures. This also resulted in establishment of International Committee of Weights and Measures and the National Measurement Initiatives in...
Questioning State Is Not 'Anti-National' : Senior Advocate KV Viswanathan Writes About Law Minister's Comments
When India’s Union Law Minister describes retired judges in a rather harsh manner, it is something that cannot be taken lightly. For the Minister to label retired judges who question “state policies” as being “anti-India” elements is not just a case of a flawed understanding of concepts but also a matter of grave concern for citizens.The Minister’s parting shot, based on the...
Need For An Ethical Framework On Usage Of Generative AI In The Legal Realm
Generative AI chatbots, such as ChatGPT and Bing Chat, is one of the most remarkable advancements in the line of language processing applications. With an estimated user base of 100 million just two months after it was first launched, ChatGPT is also one of the most quickly adopted innovations in history. The alluring feature of generating detailed text outputs with nothing but a prompt or...
Consumer Protection And The Law Of Insurance
The term Insurance refers to a shield against the risks involved in the various market investments. Insurance is a type of contractual arrangement also referred to as Policy arrangement in a form of guarantee or Indemnity where one party through a form of Contract agrees to provide surety or indemnity against the loss of third person. Undoubtedly Insurance come as a big relief during...
The Implications Of Remorse In The Sentencing Stage Of A Death Penalty Case
Expressing remorse/repentance is widely held to be a part of the moral character of an accused in contrast to bad character for which he is punished.[1] Consideration of remorse as an aggravating or mitigating factor at the time of sentencing has been an area of debate which has produced diverse opinions. While implication of presence of remorse is explicitly dealt with at the...
The Override Clause- Israel’s Quest For Its Kesavananda
It is a turning moment in the constitutional history of Israel, it is a Kesavananda Bharti-like opportunity to protect and preserve the basic tenets of democracy. The city of Tel Aviv is gathered by thousands of people protesting on the streets for what they call ‘standing up for democracy’. Protests have been going on in the national capital for nine weeks, against the action...
International Child Removal To India And The Balancing Factors In A Writ Of Habeas Corpus: Show Me The ‘Baby’
Indian case law extensively covers matters concerning international parental child removal to India from a foreign country. Typically, such disputes arise when one parent (the “taking parent”) removes the child from his or her home country without the knowledge or consent of the other parent (the “left-behind parent”). India has not signed the Hague Convention of 25...
Section 27 of Evidence Act For More Lucidity
Read this in continuation of the Article “Section 27” Of The Evidence Act And The Verdict In “Pulukuri Kottaya” Continue To Elude The Comprehension Of Many Judges At All Levels"If the “information” to be received from an accused person in the custody of a Police Officer should be regarding a “fact discovered”, ANDIf the words...