Articles
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...
Rahul Gandhi’s Conviction And Disqualification Are On Questionable Grounds
The conviction of former Congress Member of Lok Sabha, Rahul Gandhi by a Surat court for criminal defamation (Purnesh Modi vs Rahul Gandhi) has led to a debate on whether what he said, in the course of an election speech in 2019, constitutes an offence under the law. The constitutional validity of Sections 499 and 500 of the Indian Penal Code and Sections 199(1) and 199(4) of the CrPC was...
Broadening Powers Of DG: Dawn Raids And The CCI’s Responsibility
Raids, conducted by government officials are intended to collect incriminatory evidence against an entity or individual accused of committing act(s) which are in contravention of law. However, the procedure required under numerous statutory provisions makes it too obvious for the entity before the same is conducted thereby providing it necessary opportunity to hide, tamper or...
Supreme Court’s Curative Order Has Made Justice For Bhopal Gas Tragedy Survivors Even More Elusive
The Supreme Court’s March 14 order in Union of India & Others vs Union Carbide Corporation & Others, dismissing the curative petitions seeking reexamination of the settlement amount, reached in 1989, following the Bhopal gas disaster in 1984, raises serious questions about the Court’s approach to the survivors’ grievances.The Constitution Bench, comprising Justices Sanjay...
The Minimum Wage Security Jurisprudence
In the current article the various facets of minimum wage and how it is understood by the various schools of thought is analyzed. Further the article also ponders over the debate as to the rightfulness and the worthiness of minimum wage laws and its necessity in the current economic situation. Moreover, the article also discusses the jurisprudential aspect of minimum wage and more precisely...
Recent Appointments To Higher Judiciary: Time To Make Informal Criteria Transparent
One advantage of researching the background of those being appointed to the Supreme Court is the insights they yield regarding the role of pedigree in their success at every stage in their long judicial careers. Four out of the eight recent appointees to the Supreme Court -about whose family background information is available in the public domain - belong to reputed legal families,...
A Long-Standing Discord On Article 282
The concept of freebies has become a buzzword with the preponderance of promises made by political parties. Promises or distribution of free electricity, free water supply, etc. have become commonplace in the Indian political milieu. In light of the above events, a few months ago, a PIL petition was filed to oppose the practice of political parties promising freebies. The petitioner...
What is Surrogate Advertising?
Surrogate advertisements are essentially a substitute advertisement for the goods which cannot be directly advertised due to the prohibition of law, the goods that form the corpus of such prohibition are: tobacco products, Alcohol, Narcotic substances and other such products. Why does a brand invest large sum of money on a brand extension which is rarely marketed? Or why is a...
World Consumer Rights Day: Recent Important Supreme Court Judgments on Consumer Protection Law
“Customers are the most important visitor on our premises, they are not dependent on us, we are dependent on them. They are not an interruption in our work. They are the purpose of it. They are not outsiders in our business. They are part of it; we are not doing them a favour by serving them. They are doing us a favour by giving us an opportunity to do so.” – Mahatma Gandhi.The...
Indian Law And Toxic Fumes-The Need To Reconsider Vape Law
With the Incremental upsurge in the usage of Electronic Cigarettes and Vapes among Youth in the past years, the Government of India responded by banning the same in 2019, through the Prohibition of Electronic Cigarettes Act 2019[1]. The ban was based on the recommendations of the Indian Council for Medical Research, the top body for the formulation, coordination and promotion of...
The Case For Regulating, Not Banning Bike Taxis
The bike taxi sector in India is currently valued at USD 50.5 Million and is expected to grow to USD 1.4 Billion by 2030. The reason for this growth lies in bikes being an economical alternative to all other types of taxis. However, this aggressively expanding industry has been facing its fair share of regulatory struggles. On 19th February 2023, the Delhi government issued...
Section 156(3) R/W 397 Of Criminal Procedure Code: A Pillar To Post Provision(?)
The Code of Criminal Procedure (“Code”) provides a supplementary way to report a cognizable offence. Under Section 156(3), the Magistrate has the competence to order an investigation of an offence of which he may have taken cognizance under Section 190. Ergo, any application of Section 156(3) can only be at the pre-cognizance stage. Section 156(3) empowers a Magistrate to...