Articles
Comparative Analysis Of Product Liability In India With Developed Countries
India is a custom-based law country; courts follow the principles of justice, equity, and good conscience and those of tort law, such as the duty of care, negligence, and strict liability. India is gradually realising the importance of strengthening and enforcing a strict product liability regime to protect the rights of its consumers against the supply of defective...
Freedom Of Contract And Interest Barring Clauses: Does Section 31(7)(A) Of The Arbitration Act Need A New Approach?
The Hon'ble High Court at New Delhi recently in the case of Patel Engineering Limited vs. UOI & Ors. has issued a notice to the Union of India and NTPC limited in a plea challenging the constitutional validity of Section 31(7)(a) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "Act") and section 3(3)(a)(ii) of the Interest Act, 1978. It is because of the...
Hjab Ban In Educational Institutions :A Constitutional Assessment [Research Brief By Academicians]
The hijab ban in Karnataka's schools and colleges has been a matter of public debate for some time now. The judgment in Resham v. State of Karnataka - where the Karnataka High Court dismissed the writ petitions filed by students against the Government Order and the decisions of educational institutions banning the hijab and other religious clothing/symbols in schools and colleges - has...
Exception To DRT's Jurisdiction- Is Mardia Chemicals Still Relevant?
Section 34 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) bars a Civil Court from entertaining any suit or proceeding in respect of any matter which a Debts Recovery Tribunal (DRT) or the Appellate Tribunal is empowered by or under the SARFAESI Act. While testing the validity of the SARFAESI Act, the Hon'ble...
Why Justice Dalveer Bhandari's Vote At ICJ Should Not Be Linked To India's Position On Russia-Ukraine Conflict?
The International Court of Justice (ICJ) at the Hague, Netherlands, on Wednesday directed Russia to immediately halt its military operations in Ukraine in a 13-2 judgement with India's nominee at the ICJ Justice Dalveer Bhandari joining the majority. Justice Bhandari's vote in favour of indication of provisional measures against Russia has been perceived by few to be in conflict with...
Hijab Verdict : How Preconceived Notions May Have Trumped Judicial Reasoning
The judgment of the Karnataka High Court upholding the hijab ban in classrooms, after declaring the wearing of the headscarf by Muslim women as not an essential practice of Islam, is being hotly debated. The judgment in the case Resham v State of Karnataka delivered by a bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi shows the absurdities of...
The 'Survey'cal Strike (Introspection Into Section 4(1A) The Wakf Act 1995)
Wakf properties across the Country constitute a land bank second only to the Railways. The same are in the nature of permanent dedication for religious and charitable purposes. Statutory provisions contained in the 1954 and 1995 Wakf Acts provided for a survey of all Wakf properties. The Statement of Object & Reasons of an Amending Act [Amendment 27 of 2013] specifically...
The Judicial 'Shifting Sands' In Transnational Parental Abduction
11-year-old Z's[1] interim custody was granted by an Indian Family Court to his father, Perry, a Kenyan national. Z was born in India and lived in Delhi for a large part of his life with his mother, Smriti. The Indian Family Court considered Z's future prospects and being persuaded by the fact that he was the heir apparent to the vast business empire of his father, the Court held that...
Russia's Aggression Against Ukraine: Explaining International Criminal Court's Jurisdiction
On 24 February 2022, even as the UN Security Council held emergency meetings to try and resolve ongoing tensions between Russia and Ukraine, Russia launched a military invasion into Ukraine. This blatant violation of international law has been rightfully met with widespread condemnation from the international community. It has also been met with hyperbolic claims suggesting that this...
A Thorough Look Into The Various Facets Of Cheating
Chapter 17 of the Indian Penal Code (IPC) titled as offences against property ( sections 415 to 420) deals with provisions relating to cheating. Section 415 of the I.P.C is the definition of cheating; the general punishment for which is contained in section 417 of the I.P.C. Section 416 of the I.P.C. defines what cheatingIndian Penal Code (IPC) by personation is. Aggravated forms...
The Dilemma Over Interpretation Of Section 102 Of Code Of Criminal Procedure, 1973
It has been often observed that the ambiguous text of provisions causes abuse and misuse of investigation powers by police officers often leading to harsh ramifications for ostensible innocent parties as well as accused persons. One of such provisions is Clause (1) of Section 102, Code of Criminal Procedure, 1973 (hereinafter "CrPC"), wherein police officers are empowered to freeze the...
Who Are The Mercenaries In A War?
Every information that comes out of Russian invasion of Ukraine is breaking news. After 16,000 foreign fighters/ mercenaries volunteered to defend Ukraine on President Zelensky's call, Russia responded by stating that, if caught the mercenaries will not be treated as prisoners of war but as war criminals, under international law. The U.S. Department of Defense has reported that...