Articles
Hijab Judgment: More Questions Than Answers
In my view the consequence of Hijab Judgment is of making a song and dance about nothing. It will be read and celebrated by many who have been campaigning for 'homogeneous' identity of Indian citizens forgetting its diversity in public space. It was a thin issue where some girls who had chosen to cover their hair and neck along with the uniform of the School. It is not an issue...
Can't Women Serve Liquor In Bars? Constitutional Analysis Of Legal Restrictions
Exactly a week after International Women's Day, the Excise Department of Kerala registered a case against the Manager of a bar in Kochi for deputing three Russian women as bartenders during its launch party. The matter reached the excise officials after a video of the women bartending in style took social media by storm. Although the officials cited certain irregularities in the bar's...
2018 Amendment To The Specific Relief Act: Retrospective Or Prospective?
The common law treated money as a measure of every loss. Until the English Courts of Chancery assumed the jurisdiction to decree Specific Performance, the only remedy in common law for the non-performance of contracts was damages. To fill that void, the Courts of Equity, at their discretion, compelled the party to a contract to perform his/her part of the contract when damages recoverable...
Condonation Of Delay Application Not Required For Filing Delayed Police Charge-Sheet Before Court: Explained
There is a practice of seeking application for condonation of delay from Investigating Officers for filing police charge-sheet before Courts after the prescribed period of limitation provided under Section 468 of the Code of Criminal Procedure, 1973 (in short "Cr.PC"). The said application is filed by the Investigating Officers/ Station House Officers under Section 473 of Cr.PC to...
Making Of Will Yourself
The most certain thing in one's life comes at the very end of it - the certain call, the death. But life still goes on and beyond. And the dead lives among the alive in their memories that he leaves behind besides other things. There cannot be a dispute regarding the fond memories, for they can be shared without dispute but the 'other material things' most of the time become a...
Understanding 'Use Of Force', In Context Of Ukraine-Russia
In its public hearing the International Court of Justice (ICJ) recently indicated that Russia must immediately halt the military operations against Ukraine while expressing profound concern, about Moscow's use of force in violation of international law. The judges voted 13-2 in favour of this. Previously, when the ICJ had updated its website, to include the submission it received from...
In The Name Of TRIPS Waiver
In October 2020, India and South Africa submitted a proposal to the TRIPS Council, WTO, to waive certain obligations under the TRIPS Agreement. The adoption of this waiver would lead to temporarily suspend certain obligations to protect intellectual property (IP) and its enforcement as mandated by the TRIPS Agreement. This waiver was seen as a need of the hour to overcome the IP barriers...
Reduction Of Capital: A Domestic Affair?
This blog intends to analyze the stand of the courts that reduction of capital by the companies is purely a domestic affair to the extent the shareholders get a fair price but whether in reality some intervention of the court is needed as getting a fair share is not the only concern, but the protection of the right of minorities too who are compelled to divest their lawful...
The Conflict Between Ukraine And Russia & TRIPS
Every war has collateral damage. Creators of the many goods and services owned and distributed by the companies which have boycotted Russia are the collateral in this conflict. The conflict between Ukraine and Russia, among other things, provides an interesting insight into how workable copyright laws are. Some, especially those on the receiving end of the economic troubles, as a result,...
Technical Conundrums In Stock Exchanges
Securities markets and securities laws in India have always been at the forefront of technological advancement as compared to other laws and markets present in India. From it's inception, securities markets have always embraced technology as part of it and securities laws have always been drafted keeping in my mind the incessantly changing technological landscape present in India....
Legitimization Of Cryptocurrency? Looking At Recent Indian Crypto Tax Saga
Bitcoin, Ethereum, Dogecoin, I am sure you might have heard about them, from a crypto fan or an ordinary fiat-currency lover, everyone is buzzing on the cryptos. Have you loved financial freedom, no institution on your top, no issue of counterfeiting, blazing fast global transfers with absolute anonymity, if you have answered any of the questions as a YES, then cryptocurrencies...
Invoking International Law Language In Indian Diplomacy
"Lawfare" has been emerging as an argument among international law scholars in India; whether it is to enhance the study and usage of international law or to call out China's blatant violations of international law at the Indian borders. Lawfare means "the strategy of using – or misusing – law as a substitute for traditional military means to achieve an operational objective." It is ...