Articles
Will The Ukraine Civilian Combatants Be Protected Under International Law?
The international law of armed conflict has always distinguished between civilians and the military. Two days after Putin announced his "special military operations", media reports show that several Ukrainian citizens are taking uparms to defend their home. Once the situation escalated and Russians forces were closing in on Kyiv, the Ukrainian Government called out tocivilians to...
The Everyday Battles Of Women In Legal Field
Recently, the Supreme Court directed the Madhya Pradesh High Court to reinstate a woman judge, who was constrained to resign after she raised sexual harassment allegations against a then sitting judge of the Madhya Pradesh High Court. Considering the facts and circumstances, the Court was of the opinion that her resignation from the post of Additional District and Sessions Judge cannot...
Practical Client Counselling
"A customer is the most important visitor on our premises. He is not dependent upon us…. He is not an interruption in our work. He is the purpose of it… We are not doing him a favour by serving him. He is doing us a favour by giving us an opportunity to do so". Mahatma...
Judge-Wise Statistics Of Reportable Judgments Of Supreme Court In February 2022
In February 2022, the Supreme Court authored 83 Reportable Judgments in diverse areas of law. The highest number of Judgments (i.e. 21 Reportable Judgments) were authored by Justice M.R. Shah, followed by Justice Dr. D.Y. Chandrachud authoring 10 Reportable Judgments.In continuation of the statistical study and searchable PDF of Reportable Supreme Court Judgments (as reported in...
To Sanction Or Not To Sanction- The Fundamental Duties Debate
Ask not what your country can do for you- Ask what you can do for your country' are John F. Kennedy's most memorable words. Many continents away, it is this phrase that best captures the idea of fundamental duties found in the Indian constitution. It was by the 42nd amendment in 1976 that the 'Fundamental Duties' part was incorporated in our Constitution. The concept of...
Critical Analysis Of Surrogacy (Regulation) Bill 2021 And Assisted Reproductive Technology (Regulation) Bill 2021
The scope of this article is to analyze the effects of the recently passed Surrogacy Regulation Bill 2021 (SRB) and Assisted Reproduction Technology (Regulation) (ART) Bill 2021. To that end, the article first lays down the salient features of both laws. It then reviews specific provisions of the Bills in the context of the existing legal setup and the prospective outcomes...
Decree Holders As Creditors Under The IBC - Need For Clarity
The Insolvency and Bankruptcy Code, 2016 ("Code"), right from its enactment has been the subject of legal debate. While various issues that have cropped up from time to time, have been ironed out, by amendments and by judgements, there still exist a plentitude of legal questions, waiting to be raised in the right case. One such question is the status of a "decree-holder" as a creditor....
Ukraine War: Test of Law and Civilizational Progress.
I. As I write this piece, Ukraine, a nation of 44 million free citizens fights valiantly to defend its freedom and territorial integrity against Putin's "war of choice for all the wrong reasons". Caught between disbelief, despair and compulsions of realpolitik, the world at large seems helpless to help beyond an expression of outrage even as the Russian armed forces continue...
Homage To Sir With Love
"As your father is in real life, your Senior is in your professional life." We juniors of Advocate K. Bhaskaran Nair (we are and call ourselves the KBN family) found this axiom in actual operation in our Senior's chambers. Sir upheld and maintained that legacy of the Calicut bar in the sublime relationship between seniors and juniors. I met my Senior first at the Chinmaya Gita...
Plant Variety Authority Revokes The Breeder's Right: Is This A New Chapter For The Protection Of Plant Varieties And Farmers' Rights Act,2001 ?
The Protection of Plant Varieties and Farmers' Rights Act, 2001 (PPVFRA) is sui-generis indigenous legislation enacted by the Indian government. The significance of protecting farmers' rights and balancing it with the rights of breeders forms the characteristic feature of the PPVFRA. The farmer's right to use the seed is an important concurrent right to that of breeders rights....
Class Action Proceedings- Challenges In Consumer Fora
The provision for filing a class action complaint by a group of consumers is a big boon to the consumers and has existed in the Consumer Protection Act, 1986 and has been continued in the new Consumer Protection Act, 2019. Due to illegal acts and omissions of some Builders/Developers in the past decade, there has been a flood of class action complaints under Section 12(1)(c) of...