What Ministry's Advisory On Queer Partners' Bank Accounts Fails To Address

On 28th August 2024, the Ministry of Finance (through its Department of Financial Services) issued an“Advisory” claiming to be in connection with the Supreme Court's decision pronounced on 17th October 2023 in Supriyo @ Supriyo Chakraborty and Anr. v.Union of India and clarifying that “there are no restrictions for persons of the Queer community to open a joint bank account and...

Petrol And Diesel In The GST Conundrum: Unravelling The Test Of Cooperative Federalism

The inclusion of petrol and diesel under the GST ambit has sparked a significant debate, primarily revolving around the principles of cooperative federalism. While mainstream discourse often centres on the heavy tax burden on consumers under the current VAT and excise duties regime, this blog shifts the focus to a pressing yet overlooked concern: the substantial revenue loss that...

Extending The Tribunal's Mandate Post Award: Tenable In Law?

Think of a race where the finishing line keeps moving. Section 29A of the Arbitration and Conciliation Act, 1996 (hereinafter the A&C Act, 1996) , grapples with just this dilemma in arbitral jurisprudence. Viewed to be a check to ensure that the arbitral process remains efficient and effective, the provision places a specific period within which arbitral awards are required to...

India's Green Trade Revolution; Navigating Challenges And Seizing Opportunities For Sustainable Growth

The concept of green trade is anchored between sustainable development and cross-border trade. One of the prevalent connotations of green trade refers to it as a “type of trade that emphasizes environmental protection and sustainable economic and social development.”[1] Other associated meanings refer to green trade as “promotion of sustainable measures to engage in trade...

Shifting Paradigms: Understanding The Supreme Court's Evolving Stance On Bail Under The PMLA

The Supreme Court of India has recently shifted towards a more nuanced approach to bail applications under the Prevention of Money Laundering Act (PMLA). While the court previously emphasised strict adherence to the twin conditions outlined in Section 45, which require the accused to prove they are not guilty and that they will not commit further offenses, recent rulings suggest a...

Mandating Dashboard Cameras: Enhancing Accountability And Safety In Vehicles

The increasing incidence of road accidents and traffic violations in India highlights the urgent need for enhanced safety measures and greater accountability on the roads. Recent cases of hit-and-run incidents, which are becoming alarmingly widespread across the country, underscore the necessity for substantial changes that can deter offenders and curb the sense of impunity some drivers...

Defending The Defenders: The Imperative Of Fair Representation In Law

In the annals of legal history, the role of lawyers has been both celebrated and vilified. However, the bedrock of any functional legal system is the unwavering principle that every individual, regardless of their side in a dispute, deserves representation. To castigate lawyers for appearing for any particular side undermines the very essence of justice. This article is intended to be...

The Forgotten Creditors: IBC's Dual Approach For Homebuyers And Other Consumers

The Insolvency and Bankruptcy landscape in India underwent a significant transformation with the enactment of the Insolvency and Bankruptcy Code (IBC) in 2016. One of the most intriguing aspects of the IBC is its impact on consumers, particularly those who find themselves in precarious situations when companies they have transacted with go under the insolvency process. Imagine...

Set-Off Conundrum Under Insolvency And Bankruptcy Code, 2016

The Supreme Court recently in Bharti Airtel Limited and Anr. v. Vijay Kumar Iyer and Ors[1] [“Bharti Airtel Judgement”] has settled the issue on the applicability of the principle of setoff under Insolvency and Bankruptcy Code, 2016 [“IBC”]. The Division bench of Supreme Court of India comprising of Justice Sanjiv Khanna and Justice S.K.V Bhatti dismissed an Appeal filed by...

High Time Supreme Court Acts To Stop 'Bulldozer Justice'

'Bulldozer justice' is a euphemism for instant retributive action against accused persons whereby their homes are demolished with much fanfare. In sensational cases where there is a lot of public outcry, authorities often resort to this 'short-cut' method to assuage public sentiments. The trend was initiated by Uttar Pradesh Chief Minister Yogi Adityanath, who is 2017 reportedly stated,...

The Temporal Scope Of The BNSS: A Legal Analysis Of Section 531(2)(a)

On July 1st, 2024, India witnessed a crucial transformation in its criminal justice system as the Indian Penal Code 1860, Code of Criminal Procedure 1973 (“CrPC/new Code”) and the Indian Evidence Act 1872, were repealed, giving way to three newly enacted laws, the Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023 (“BNSS”) and the Bharatiya Sakshya...

7th Anniversary Of Puttaswamy Judgment : Analysing Impact Of Privacy Right Declaration

Seven years ago, on 24th August 2017, 9 judges of the Supreme Court of India declared that the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and is a part of the freedoms guaranteed by Part III of the Constitution. The genesis of the above declaration was a batch of writ petitions filed in 2012 in the Supreme Court challenging...