Articles
Canada's And India's Unwritten Constitutional Principles: The Colonial Kinship
India and Canada were both historically British colonies, which later grew up to be mature democracies, and the similarities between the two "long last cousins", have been an area of interest for a long time. Over the last half-century, the Apex courts of the two countries have developed unwritten constitutional principles which are strikingly similar, with principles like 'rule of...
Restraining Payments "On-Demand": Liberal Or Restrictive Approach?
Employers under construction contracts often require contractors to furnish security in the form of guarantees or bonds. Performance bonds are the most commonly used security for this purpose and protect the employer against the contractor's default. While conditional performance bonds trigger contractor's liability only upon proof of breach, payment under 'on-demand' or...
By All Means, Let It Rain! Rain Is Welcome On The Entire Mediation Landscape, Not In Select Judicial Enclaves Questionably Acquired-A Response To Sr.Adv.K Kannan's Article
This is a response by Senior Advocate and Mediator Sriram Pancu to an article written by Senior Advocate and Mediator K Kannan which was published in LiveLaw on 22nd June under the headline "What The Dark Clouds Bring – Just Not Storm But Rain!"On 13th June 2022, the news portal The Wire carried my article titled "Thanks to Our Judges, Darkness Now Clouds India's Mediation Playing...
Maharashtra Political Crisis : Supreme Court's Call For Strengthening Anti-Defection Law Becomes Relevant Again
In the wake of the political crisis unfolding in Maharashtra, certain remarks made by the Supreme Court regarding the emerging trend of poaching of legislators and engineering of rebellion to destabilize elected governments assume relevance.The Court's remarks came in the cases related to Karnataka and Madhya Pradesh, which witnessed scenes of a group of MLAs within the ruling...
What The Dark Clouds Bring – Just Not Storm But Rain!
On June 13, Sriram Panchu wrote an article, for The Wire, captioned ' Thanks to Our Judges, Darkness Now Clouds India's Mediation PlayingField', Mr. Sriram is truly a shining star in the mediation firmament that dark clouds cannot still dim his effulgence. He writes with compelling logic and if he alludes to the higher judiciary as casting dark clouds, it cannot be brushed...
Budhadev Karmaskar V. State Of West Bengal: A Brutum Fulmen?
Interestingly the Apex court releases certain directions for the rehabilitation of sex workers at the same time when Sanjay Leela Bhansali released his movie titled Gangubhai Kathiawadi narrating the story of the Matriarch of Kamathipura based on the book "Mafia Queens of Mumbai". The movie highlights the transition of Ganga to Gangu to Gangubhai, the life of a prostitute who...
Plea Of Army For Exemption From RTI: An Approach Devoid Of Merits
In the landmark judgment of SP Gupta Vs Union of India (1981), Supreme Court of India held, "the concept of open government is the direct emanation from the right to know, which seems to be implicit in the right of free speech and expression guaranteed under article 19(1) of Constitution." Besides Apex court, many high courts and civil societies also pitched for the right to know...
Sexual Offences Against Women: Key Interventions
A country in which women are violated in broad daylight, thrown on streets after gory torture and muzzled and suffocated under the garb of sacrifice and societal obligations is nothing short of a failure to its very existence. India, unfortunately, is today at the center stage of the world's attention for this existential crisis that is casting its shadow upon over half its population....
The Digital Age Elections And Social Media Manipulation
In 2021, out of 4.66 billion active internet users, 4.20 billion utilise social media. In India, Facebook has 270 million members, making it the most popular social networking site1. Close involvement with the electorate is the most crucial strategy for winning an election, and having an internet presence that ensures a larger reach provides you a competitive advantage. Political parties...
The Evolving Jurisprudence Of Enforceability Of Interim Arbitral Awards
The 246th report of the Law Commission made certain recommendations to amend section 17 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') with an intent to strengthen this provision which provides for statutory mechanism for the enforcement of the interim measures by arbitral tribunal on the pretext that earlier there was no comprehensive mechanism...
Judge-Wise Statistics Of Reportable Judgments Of Supreme Court In May 2022
In May 2022 – a month when the Supreme Court breaks for summer vacations, it delivered 101 Reportable Judgments. Compared to the earlier Reports for this year, this is the highest number of Reportable Judgments delivered in a month, till date. Statistics for May 2022 – Out of the total 101 Reportable Judgments delivered in May 2022, Justice M.R. Shah delivered 26...