Articles
A Greek Comedy And An Indian Tragedy; Marital Rape Exception Under The Indian Law Must Go
In Lysistrata, an ancient Greek comedy by Aristophanes, performed in Athens in 411 BCE, Lysistrata- the protagonist- convenes the womenfolk of Greece to discuss the plan to end the Peloponnesian War. Lysistrata exhorts the women to refuse to have sex with their husbands until a treaty of peace is signed. The Greek women pursued their resolve and were successful in their...
Problems Of The Collegium
Some news and events this week are somewhat disconcerting and call for comments purely as a matter of principle, without any reference to or casting aspersions on the people involved. It is reported that a meeting of the Supreme Court collegium is not to be held and recommendations for appointments made when less than one month remains prior to the retirement of a Chief Justice....
Dobbs And X: A Tale Of Two Abortion Judgments
Abortion has been an issue of great debate over several years. In India, unlike the United States, the legislature has sanctioned abortions under the Medical Termination of Pregnancy Act, 1971 – albeit with conditions. In America, however, the Supreme Court of the United States, in 1971, in the now overruled decision of Roe[1], found that the right of a woman to have an abortion...
The Confusions Around Same Day Sentencing Law In Death Penalty Cases
On September 19th, 2022, a 3-judge bench of the Supreme Court referred certain issues of death penalty sentencing to a larger constitutional bench. One of these issues relates to the amount of time required to collect and present mitigation evidence at the stage of sentencing. This issue is particularly important because, as evidenced by Project 39A's study, sentencing persons to death...
Supreme Court's Verdict On MTP Act Might Pave Way For Criminalization Of Marital Rape In India
India is one of the few countries in the world that is yet to criminalise martial rape. The issue has been the subject of much debate of late in a country whose courts have increasingly been delineating the right to individual autonomy as a right that is to be cherished and protected. Recently, the Delhi High Court attempted to provide clarity over the said controversy but the...
Justice Indira Banerjee: The Judge & Her Jurisprudence
On 23rd September 2022, Justice Indira Banerjee has bid adieu to the Supreme Court of India by taking retirement from judgeship. Her elevation to the Apex Court, in the year 2018, was phenomenal as it was the first time in the judicial history of India that the Supreme Court got three (3) women judges serving at a time (i.e. Justices R. Banumathi, Indu Malhotra & Indira...
Evolving Jurisprudence Related To Priority Of Employees Provident Fund Dues Vis A Vis Dues Payable To Secured Creditors
Provident and Pension Fund dues payable under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 ('EPF Act') have been given priority over all other debts of the Employer as per Section 11(2) of the EPF Act. Courts in India have historically given priority to dues under the EPF Act and payable to the Employees Provident Fund Organisation ('EPFO') over other debts of...
Digital Media Rights(DRM) - Analysis Of Copyright Law
The web's widespread use in the modern world has made it simple to share information. An inconsequential result of this is a change in reading patterns across the world. On one hand, any specific media can always be distributed and released publicly with barely any technical barriers and on the other, a visually impaired person is finding it more difficult to adapt to this change....
Overseas Online Business And Territorial Jurisdiction In Trademarks Infringement Suits
An ex-parte interim injunction was granted, by Delhi High Court, in favour of Tata sons (Tata Sons Private Ltd v. Hakunamatata Tata Founders & Ors), restraining two companies registered in the UK and the USA from unauthorized use of the registered trademark 'TATA'. These foreign companies were marketing and trading online in digital tokens or cryptocurrencies through the...
Colossal Delay Of 296 Days By NCLT In Approving Resolution Plan After Approval Of Resolution Plan By Committee Of Creditors In FY 2021-22
"Judicial delay was one of the major reasons for the failure of the insolvency regime that was in effect prior to IBC. We cannot let the present insolvency regime meet the same fate." -Justice DY Chandrachud in Ebix v. Educompp, 2022 The Insolvency & Bankruptcy Code, 2016 (IBC/Code) was enacted by the Government of India to eliminate the delays in resolving insolvency and to...
Moonlighting And Restrictive Covenants
Moonlighting refers to the practice of taking up additional jobs, without employers' knowledge. Shops and Establishment Act of various states and Factories Act, 1948 prohibits double employment. Employment contracts too restrain working in dual employment. As a professional, freelancer, stringer, retainer one can work for multiple clients, customers , however , as a full time...