Economic Reservation In India: Sub Classification Of SC ST

Scheduled Castes (SCs) and Scheduled Tribes (STs) in India represent some of the most socio-economically disadvantaged groups, as recognized under the Constitution to facilitate equality initiatives. Historically, these groups have faced systemic barriers to equal opportunities in education and employment, often due to their perceived social inferiority. To mitigate these...

From The Courtroom To The Classroom: Lessons For The Lawyers Of Tomorrow From The Life And Work Of M.K.Nambyar

In the history of legal profession, certain figures emerge as key guides, influencing progress with their profound wisdom and unparalleled efforts. Among such figures, Mr. M.K. Nambyar stands not just as a notable name but as an enduring source of inspiration for future lawyers. It's essential for young legal minds and law students today to explore the teachings and views of Mr. M.K....

Blockchain Empowered Online Dispute Resolution: A Decentralized Approach To Enhancing Trust And Efficiency

With the emergence and assimilation of AI, multiple industries are going through a paradigm shift. This wave of AI has impacted the legal sector too, which till now relied on human judgement and interpretation. Today, blockchain is recognized as a turning point in the history of technology, having been first introduced by Satoshi Nakamoto in 2008. Further, as it was made popular...

The Doctrine Of Judicial Comity In India: Challenges And The Need For A Consistent Approach

The doctrine of judicial comity frequently appears in legal discourse, particularly in cases involving cross-border disputes. Recently, the Delhi High Court invoked this principle in the case of TWC Aviation Capital Limited v. SpiceJet Limited (2024 LiveLaw (Del) 605), where the court upheld the enforceability of orders passed by a UK court in Indian proceedings, citing judicial comity....

Safe Harbour Exemptions Available To Intermediaries: Exception Or Norm Under Digital India Act?

With around 800 million active internet users, the number of internet users has increased by leaps and bounds in India compared to 5.5. million users in the year 2000. The year 2000, was a revolutionary year of the internet in India not only because it saw the advent of cable internet and launch of sites like Yahoo, and eBay but also because of enactment of the InformationTechnology Act,...

“Accustomed To Act” Test Under Indian Corporate Law – An Objective Critique Of The Inherent Subjectivity

Objectivity is a key attribute of any legislation. The element of objectivity is critical to ensure clarity in a way that there is little or no room for more than one interpretation. That said, history is witness to a plethora of cases of ambiguities in interpretation or legal “grey areas” which have been time and again evaluated and somewhat settled by judicial...

'What Is The Main Purpose Of Section 27 Of The Evidence Act? '

There is a popular misconception that the purpose of Section 27 of the Indian Evidence Act, 1872, is to lift the ban on “confession” made to a Police Officer as imposed by Sections 25 and 26 of the Evidence Act. It is not so. The essential purpose of Section 27 of the Evidence Act is not to render admissible a “confession” in the “disclosure statement” made by an accused to a...

Understanding SLAPP Suits Through The Lens Of Netflix Movie “Maharaj”

Currently featuring in the Top 10 on the Netflix charts, “Maharaj” is a courtroom drama based on the real-life Maharaj Libel Case. Set in 1862, it follows the life of a social reformer and journalist, Karsandas Mooljee who exposes the reality of a self-styled godman Jadunath Maharaj, also known as JJ. Ironically, the movie, which advocates for freedom of expression, was mired...

Assessing The Reliability & Admissibility Of AI Expert Opinion Report

The integration of artificial intelligence (AI) in the workings of various professions continues to yeild efficiency. However, the applicability of AI systems in the legal domain remains debated. One such debated aspect is around the admissibility of expert opinion report by AI. Under the Indian Evidence Act, 1872, the courts rely on opinion of the experts for issues concerning fields...

Freedom From Illegal Arrest & Prolonged Pre-Trial Custody : Supreme Court's Recent Pro-Liberty Judgments Rein In PMLA, UAPA

Although the Supreme Court has been an avid advocate and upholder of an individual's right to life and personal liberty under Article 21 of the Constitution, some of its decisions in the past few years ended up garnering public attention as being opposed to the well-settled "bail is the rule, jail an exception" jurisprudence.From outright denial of bail in some cases, to delays in hearing...

Sub-Classification Of Scheduled Castes For Reservation, Creamy Layer Debate – Comment On State Of Punjab V. Davinder Singh (7 Judge-Bench Judgment)

A seven-judge bench of the Supreme Court on 1 August 2024 decided the issue of constitutionality of sub-classification within the Scheduled Castes for the purpose of reservation in public employment. The question was whether the State can give preferential treatment to some castes over other castes within the list of Scheduled Caste notified under Article 341 of the Constitution, based...

The Lawyer Who Made Flying Visits To Courts

In the late fifties and sixties of the last century, a cherubic barrister would fly his L5 two seater plane all the way from Patna to Delhi with a refuelling halt at Lucknow. The second seat was occupied either by his white bearded senior munshi Majid, or his clean-shaven, janeu-wearing, dhoti-clad junior munshi Lakhan. He parked his little aircraft at the Safdarjung airport and went to argue...