Articles
"Tofan Singh's Case" Opens Up New Horizons In The Law Of "Confessions" In Criminal Trials
(This is the text of a webinar lecture which the author had made in a lawyers' collective.) I begin this lecture with my usual caveat that I am not an expert in criminal law. I am only a "facilitator" who is willing to share his experience and knowledge with you in the expectation of learning a lot from you in return. Even at the december of my life, I have no roses to offer and...
Pendency Issue In Indian Courts Can Be Resolved By Increasing Judicial Strength By 20% | Column
During an interview with Indian Express reported on 9 November 2022 Chief Justice of India Justice DY Chandrachud said: "There are some key areas which need to be attended to. First and foremost, the unfilled posts in judiciary. The need to fill up all posts in the judiciary, beginning with the district judiciary, high courts and, ultimately, the Supreme Court." The CJI has identified...
Regulation Of Online Bond Platforms ("OBP")
Under the Indian Companies Act, 2013, a public company can issue debt instruments either through a public issue or private placement[1]. While public issues are done on the stock exchanges, private placements are done on electronic book provider platforms ("EBP"). Over recent years, the issue of debt securities through private platforms on the EBP have grown in leaps and bounds. To put...
Need To Review The Present System Of Transfer Of High Court Judges
In view of the recent recommendation of the Supreme Court Collegium to transfer Justice Nikhil S. Kariel from his parent High Court, i.e., from High Court of Gujarat to the High Court of Patna and also recommendation to transfer Justice A. Abhishek Reddy from his parent High Court, i.e., from High Court of Telangana to the High Court of Patna and the another recommendation to transfer...
Blurred Lines: The Impact Of Covid-19 On The Rule Of Law
The onset of the Covid-19 pandemic has had multifarious effects on the laws of governance and the concept of "Rule of Law" across jurisdictions. Governments found themselves in precarious positions where they had to take immediate, unprecedented actions, the ramifications of which became a matter of life and death for millions of people. This resulted in ordinances and...
Effects Of Non- Registration Of Trademarks
A trademark means a brand, label, name, signature, word, letter, logo, numeral, shape of goods, packaging or combination of colours, capable of distinguishing the goods and services of a person from those of others, as per section 2(zb) r/w section 2(m) of the Trade Marks Act, 1999 ("Act"). The proprietor of a trademark invests a considerable amount of time, money and effort to build...
Private Defence In The Context Of Partner Violence : When Jayabharathi Discovers The Fighter In Her | Law On Reels
Jayabharathi in the Malayalam movie "Jaya Jaya Jaya Jaya He", fondly called Jaya is an ordinary next door girl, short and lean in stature from a very humble background. The Jaya, the author refers to is the character from the recent Malayalam movie 'Jaya Jaya Jaya Jaya Hey'. Jaya like many amongst us was also indoctrinated to be less ambitious, tutored to adjust her needs and suppress...
Improved Collegium System: Task & Thoughts for 50th CJI
On November 09, Justice Dhananjaya Y Chandrachud took oath of Office of Chief Justice of India after almost four decades of his own experience as a seasoned lawyer and a distinguished Judge and Jurist and created a history of sorts to adorn the said highest office which his father Justice Y V Chandrachud occupied for long seven years earlier in 1970s.The expectations and requirements of...
Tin Musings
Crossing a milestone is often a joyous occasion to pause and ponder. It is one for me now!! I am going past the 10th milestone now in my resumed journey as a lawyer.This journey started in October 1973 as a young 22 year old first generation lawyer with a first-class first rank University law degree with great ambition and enthusiasm at Calicut, Kerala at the grassroot level. After...
Why The Minority Judgment In The EWS Reservation Case Offers A Better View Under The Given Conditions?
Nothing occurs in a vacuum. Phenomena are to be understood in their contexts. Let us take the case of 103rd Constitutional amendment which introduced Articles 15(6) and 16 (6) to extend reservations to Economically Weaker Sections (EWS). Data revealed by the Labour Ministry for the year 2017-18 pegged unemployment rate in the country at 6.1%, highest in forty-five years according...
Unfulfilled Vision And Lackadaisical Approach;Legal Aid Services And The Worrisome Statistics Of Pro Bono Aid In India
In 1952, the idea of Free and Accessible Legal Aid was taking its roots in the Indian policy with several conferences and meetings being held to deliberate the Future of Legal Aid framework, which would later on serve as a Path to Justice for the Poor and underprivileged sections of the Society. Furthermore, Article 39A of the Constitution of India reaffirms the stance of the Policymakers...
Philately Vs. Antiquities & Art Treasures Act, 1972: The Question Of Antiquity
The High Court of Delhi recently delved into the aspect of classification of philatelic exhibits as "antiquities" within the meaning of the Antiquities and Art Treasures Act, 1972[1]. Philately is defined as the collection and study of postage and imprinted stamps[2]. "Antiquities" under the Antiquities and Art Treasures Act, 1972 is defined as any coin, sculpture, painting, epigraph...