Articles
Leniency Regime In India
A leniency programme is a type of whistleblower protection, i.e., an official system of providing leniency to a cartel member who reports the cartel to the Commission. In exchange for immunity or lenient treatment, competition authorities have devised a variety of leniency programmes to encourage and incentivize various actors involved in the commission of such competition infringements...
How Supreme Court's Recent Judgment Expands Rights Of Widows Under Domestic Violence Act?
In the recent judgment of Prabha Tyagi v. Kamlesh Devi, the Supreme Court of India has made certain important observations with respect to scope of relief obtainable under the Domestic Violence Act, 2005 [hereinafter, Act] as well as the persons entitled to obtain such relief. The court has progressively undertaken to expansively interpret the provisions of the Act so as to provide for a...
Rights Of Indian Prisoners To Equitable Wages And Application Of Labor Laws In Prisons
"Prisoner" as the term is specified under Section 1 of the Prison Security Act of 1992. As per the Section, "any person for the time being in a prison as a result of any requirement imposed by a court or otherwise that he be detained in a legal custody"[1] is called a prisoner. Even if a prisoner is found guilty of a crime in a court of law, he or she does not cease to be a...
Is The Green Hydrogen Policy A Viable First Step Towards Power/Energy Security?
India signed the Paris agreement (COP21, 2016), according to which, by the year 2030, India is committed to reducing its greenhouse emissions by 33-35% from the 2005 levels. On Independence Day 2021, PM Modi announced the National Hydrogen Mission. In COP-26 summit (Glasgow, October-November 2021), India pledged to be carbon neutral by 2070. In furtherance of that, the Government of...
When the Supreme Court Sat Outside New Delhi
The Supreme Court of India recently upheld the constitutionality of the National Green Tribunal Act, 2010 (Madhya Pradesh High Court Advocates Bar Association v. Union of India, W.P. (C) 433 of 2012). The petition had challenged the constitutionality of Section 14 read with Section 22 of the Act, which provided that any person aggrieved by the decision of the tribunal must approach the...
Offences And Penalties Under IBC
Before enacting the Insolvency and Bankruptcy Code, 2016 ("Code"), the law governing insolvency and bankruptcy was multitudinous. The erstwhile framework created ambiguity leading to problems like multiple forums and lack of business or financial expertise. A company may adopt a successful business model although, it may fail to repay its creditors. The insolvency process incorporated...
Women Leaving Law: What Is The Way Ahead?
There was a time when women were not considered competent or fit to become a lawyer. Three courageous women - Regina Guha, Subhansu Bala Hazra, and Cornelia Sorabji approached courts for recognising the right of women to practice as a lawyer. In 1916, Regina Guha filed an application to practice as a pleader in the District of 24-Perganas. Her application was forwarded to the...
The Exigency Of Sentencing Guidelines In Indian Criminal Justice Administration
After giving a thought about contemporary challenges faced by Indian Criminal Law administration is the absence of sentencing guidelines. Several committees as well as Higher Courts have also recognized this issue of absences of sentencing guidelines in a diverse country like India. Sentencing guidelines are a collection of rules used to ensure logical and uniform sentencing...
The Unfortunate Invocation Of Article 142 - Supreme Court Decision On The Reassessment Notices
The recent topic of debate has been qua the judgement recently delivered by a division bench of the Supreme Court, authored by Hon'ble Justice M.R. Shah. In the judgment titled Union of India v. Ashish Agarwal[1], in a batch of 24 Appeals, the Supreme Court modified/reversed the 6 High Courts' ruling wherein all the High Courts had quashed the reassessment notices issued...
Gyanvapi Mosque Case : Should Not Allow The Spark To Spread
"Egregious violation of the rule of law"... "should not have been employed in a secular nation committed to the rule of law" - this is how the Supreme Court described the demolition of Babri Masjid in the Ayodhya verdict. The Court said that "during the pendency of the suits, the entire structure of the mosque was brought down in a calculated act of destroying a place of public worship".If...
Women On The Bench : Madras HC Leads With 13 Women Judges, Followed By Delhi & Telangana; 5 HCs Have No Women Representation
With the Supreme Court Collegium making its recommendations for judicial appointments in several High Courts recently, the skewed gender ratio in the Indian judiciary has once again come under scrutiny. A couple of years ago, the India Justice Report had uncovered a rather dismal picture of the same, calling out the 'highly inadequate' representation of women, particularly in the higher...
Judge-Wise Statistics Of Reportable Judgments Of Supreme Court In April 2022
In April 2022, the Supreme Court delivered 88 Reportable Judgements. This month brought various concurring decisions rendered by Judges on different issues, for instance, on the issue of availability of the benefit of reservation after re-organization of States, Justice Uday Umesh Lalit authored the majority view (for himself and for Justice Pamidighantam Sri Narasimha),...