Articles
Fintech's Halt 'Buy Now Pay Later' As RBI Tightens The Noose On PPIs
The FinTech industry has seen an unprecedented rise in the past few years, with many neo-banks, non-bank prepaid instrument issuers emerging in the market with their outrageous claims and services. Companies like Uni are "Pay 1/3. Anywhere" services utilising their cards, bringing competition to firms like LazyPay, which has a 'Get Credit in 90 Seconds' policy and claims to...
How To Comply With CERT-In's New Six-Hour Time Frame To Report Cyber Incidents
The Indian Computer Emergency Response Team (CERT-In) recently issued a set of new directions under the Information Technology Act, 2000 (IT Act), in relation to information security practices, procedure prevention, response and reporting of cyber incidents for safe and trusted internet (CERT-IN Directions), followed by Frequently Asked Questions (FAQs) dated 19 May 2022 issued...
Troubling Features Of SCOTUS Decision Overruling Roe v. Wade - Salman Khurshid Writes
The Supreme Court's reversal of Roe v Wade has been received with widespread consternation and dismay by a large number of Americans whilst others have proclaimed victory, (not for women though! ). Alito, J., delivered the opinion of the Court, in which Thomas, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Thomas, J., and Kavanaugh, J., filed concurring opinions. Roberts, C. J., filed...
Scaling The Diameter Of Censorship Laws In India And The Proposed Amendments To The IT Rules, 2021
Censorship ends up becoming a tool for moral policing that controls other people's lives rather than concerning itself with larger public issues. The term 'censorship' in Indian law has often led to a fire and ice type debate amongst laymen, politicians, thinkers, organizations and various other groups. Censorship is proclaimed to be a tool that is placed to keep a fair check on...
Fear Of Mandatory Mediation – Is It Real?
Recently I came across an article titled "Will mediation curb litigation or be the cause of it?" written by G. Mohanakrishnan, President of the Madras High Court Advocates Association, and Pascal Sahil R, School of Law, Christ University, carried in the Hindu Business Line dated 02-06-2022[1]. It is argued by the authors that the provisions of the proposed Mediation Act, that mandate...
The Bar And The Bench Still To Imbibe The Jurisprudence Of Tendering Pardon To An Accomplice
I have had the advantage of reading the verdict dated 14-06-2022 rendered by a Division Bench of the High Court of Kerala in Suresh Raj v. National Investigation Agency (Crl.Appeal.No: 213/ 2020). 2. Having held in paragraph 37 of the above verdict that the order impugned therein, being an "interlocutory order" within the meaning of Section 21 (3) of the National...
Discuss The Importance Of Examination Of Toolmarks At A Crime Scene
A crime scene, in the context of a criminal investigation as well as forensics, is a physical scene that could provide evidence to the investigator.[1] In simpler words, a crime scene refers to a site where the crime has either been committed or which is closely linked to the commission of a crime.[2] The examination of a crime scene refers to a process where "forensic...
Understanding The Gait Test And Its Impact On Criminal Trials
Recently, a Mumbai Special Court convicted and sentenced to death Mohan Chauhan who was accused of raping and murdering a woman in Saki Naka in 2021. The Gait analysis report was one of the pieces of evidence utilized in this case to determine guilt. Previously, the Gait analysis has been used in very few cases- for instance, its utilisation by the SIT in the Gauri Lankesh Murder...
Monopoly And Underlying Interests – A Response To On Going Mediation Debate
The article "Breaking the Mediation Monopoly– A reply to Senior Advocate Sriram Panchu" by Gopal Sankaranarayanan, carried in these columns on 28-06-2022 made very interesting reading. In mediation, we learn about the concept of "positions" versus "underlying interests". Though Sriram Panchu and K. Kannan appear to have taken seemingly conflicting positions on the aspect of...
U S Supreme Court: Derecognition Of The Constitutional Right To Abortion Is Feudalistic
Republican States wanting to ban abortions altogether or to impose severe restrictions on abortion were the ones who were pleading for reversal of Roe v Wade, a 7:2 judgement delivered 50 years ago. New laws made by some states banning abortions had been stayed by lower courts based on Roe. The previous Trump regime supporting orthodox Christian views had ensured a packed court for...
Breaking The Mediation Monopoly-A Reply to Senior Advocate Sriram Panchu
Mr Sriram Panchu and Mr Kannan need little introduction to the readers of these columns. One is a seasoned lawyer and the other a popular judge, and both of them are drawn together by their common passion for mediation, leading to institutions being established to popularize the practice. However, over the last week, we have seen their disagreement in these columns over recent developments...