Articles
Establishing Regional Benches Of Supreme Court Will Vindicate Citizens' Fundamental Right Of Access To Justice
Justice N. Kirubakaran of the Madras High Court, in a judgment delivered just before his retirement last month, suggested amendment of the Constitution for establishment of regional benches of Hon'ble Supreme Court. "No impression should be given that the Hon'ble Supreme Court is meant only for the people living in and around New Delhi or the States surrounding New Delhi. India is a very...
The States Approval Of Your Choice Of God. And Spouse. A Daring Onslaught On An Individual's Rights
The Constitution guarantees to the individual, subject to public order, morality and health, the freedom to practice and profess a religion of one's choice. In recent times, various states have enacted laws restricting the enjoyment of these freedoms. A few states (Odisha, Madhya Pradesh, Arunachal Pradesh, Tamil Nadu etc.) have historically had anti-conversion laws for...
Tribute To Senior Advocate Mr. S.K. Dholakia
A simple, humble and kind human, and brilliant soft-spoken lawyer was lost on afternoon of 26.08.2021. Legal fraternity admired the brilliance and simplicity of Mr. S.K. Dholakia. Fondly called Shishirbhai by many, Mr. Dholakia always had a smile on his face and calmness even in his submissions. Mr. Dholakia was not only a great human being, but also a highly accomplished professional and...
Freedom To Die: A Look At Active Euthanasia's Position In The Indian Legal System
Active euthanasia or voluntary euthanasia, sometimes also known as aggressive euthanasia is the act of voluntarily administering substances by a physician with the patient's consent which is capable of ending the patient's life thereby putting an end to their suffering which has led them to the decision to die in the first place. While passive euthanasia is seen as a much...
Honouring Ram Jethmalani's Inimitable Legacy: A Friend, Philosopher And Guide Of The Law
As law students and young legal professionals coping with the current landscape of the legal profession amid a pandemic, Ram Jethmalani's legacy and his penchant for finding the silver lining in every adversity must remain a source of constant motivation and drive.
A New Lease Of Life: The Need For Reforms In India's Organ Donation Laws
Organ donation refers to the act of donating one's organs such as the heart, liver, etc. to transplant them into another person who requires them. There are two types of organ donation - Living Donor Organ Donation [Hereinafter, "LDOD"] and Deceased Donor Organ Donation [Hereinafter, "DDOD"]. In the former, a person can donate one of his kidneys or a part of his liver, without affecting...
IBC - The Journey So Far – Part III
EMERGING LEGAL ISSUES CLOGGING RESOLUTION: There are few major emerging issues which could impact resolutions under IBC (especially in large cases), one of which is shrinking market for resolution. A Corporate Debtor attracts proposals if it has inherent value and technology used by it is not changed (which is very unlikely) and it is viable in its market space. Since, there are...
Arbitration Court Reckoner : June & July 2021
By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the months of June & July 2021 under the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the 'Act'). While as many judgments as possible are sought to be reviewed, owing to the limited column space, some judgments would invariably be left...
No 'Distinguished Jurist' Appointment As Supreme Court Judge Yet
The President of India appointed eight High Court Judges and one Senior Advocate as Judges of the Supreme Court of India. If we survey the appointments since 1950, it can be seen that most of the appointees are from 'High Court judges' category. Senior Advocate PS Narasimha is the ninth lawyer (since 1950) to be appointed as judge directly from the bar. But not even one appointment has been...
CCI VS. DPA: The Impending Conflict
On January 4, 2021, WhatsApp revamped its Termsand Services of Privacy Policy ("Privacy Policy") by virtue of which, users were required to mandatorily accept the terms pertaining to the sharing of their data with Facebook. The update has subsequently been challenged vide a writ petition before the Delhi High Court seeking to restrain WhatsApp from implementing its...
Know About Justice Bela M. Trivedi, First Woman Judge From Gujarat HC Elevated To Supreme Court
"In the name of democracy, we cross all lines, everything is pardoned," Justice Bela M. Trivedi, who will be taking oath as a Judge of the Supreme Court of India on August 31, had sternly remarked in response to the argument of Advocate General Kamal Trivedi who had attempted to compare the COVID situation in India with that of China and as to how being a communist country, China could...