Reviewing Judicial Review: Loper Bright's Mausoleum for Chevron

“Though criticized by many commentators, Loper Bright is a shot in the arm for the concept of judicial review”On June 28, 2024, the Supreme Court of the United States (SCOTUS) delivered a landmark decision in Loper Bright v Raimondo, marking a significant shift, nay homecoming, in administrative law. The Court overturned (6:3) and finally buried the longstanding 'Chevron doctrine'...

The Never-Ending Bail Hearing In Delhi Riots Conspiracy Case

The prosecuting agency should not oppose bail plea citing seriousness of offence if it cannot protect accused's right to speedy trial, the Supreme Court has observed recently in a UAPA case. The Apex Court also reminded the trial courts and High Courts “a very well-settled principle of law” that bail is not to be withheld as a punishment. While the Supreme Court has yet again emphasized...

Are You Wealthy With NRI Connection ? Merit Is Not An Issue, There Is Reservation For Rich In National Law Universities

National Law Universities are considered premium places to study law in India, they have the best, the infrastructure, faculty, and campus like I.I.T.s considered the best to pursue engineering. Like other colleges in India, NLUs also have reservations for disadvantaged sections like SC, ST, OBC, EWS PWD, and Women. They do have special categories of reservation, named as 'NRI' and ...

Widening The Scope Of SBO Rules; A Lesson From Linkedin India And Samsung

Samsung Display Noida Pvt Ltd ('Samsung Noida') and Linked InTechnology Information Pvt Ltd ('LinkedIn India') recently found themselves in a legal bind after the Registrar of Companies ('RoC') penalized them in separate rulings for active non-compliance in disclosing Significant Beneficial Ownership of their companies. These rulings were particularly noteworthy in that the penalty...

Trump V. United States: The Ghost Of Marbury And Its Impending Pitfalls

A federal grand jury had indicted former US President Donald Trump on four counts for attempting to invalidate the results of the November 2020 US elections by knowingly spreading false claims of election fraud, during the final days of his Presidency. Trump based his motion to dismiss the indictment on Presidential immunity, arguing that a President enjoys absolute immunity...

Criminal Remedies For Copyright Infringement: A Comparative Look At India's Old And New Criminal Legislations

Copyright infringement is a serious issue within the realm of intellectual property law, demanding robust legal frameworks to safeguard creators' rights. India has recently introduced significant legislative reforms to modernize its legal system, the new statutes—Bharatiya Nyaya Sanhita, 2023 (BNS), Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and Bharatiya Sakshya Adhiniyam,...

Need For Impartiality Standards To Arbitral Institutions

Arbitration's popularity in dispute resolution stems from its efficiency and the freedom offered by its promise of party autonomy. However, the legitimacy of any arbitral award hinges on its adherence to the fundamental principles of natural justice, which demands a neutral and impartial Arbitral Tribunal. The Indian legal framework comprising of the Arbitration and Conciliation Act,...

'Community Service' Under The BNS – An Incomplete Yet Promising Penologocial Advancement

The BNS, 2023, has for the first time introduced 'Community Service' as an alternate to imprisonment[1]. This welcome step marks a significant shift in the sphere of penology under the Indian criminal justice system.Punishments seek to serve various objectives, some of which are retribution, justice, deterrence, reformation etc. Modern sentencing policies reflect a combination of several or...

Why Acknowledging Collective Dominance Matters In Perpetually Shifting Market Dynamics

There is a need to include Collective Dominance in India's Competition Act, ('the Act')which stems from several crucial factors. Firstly, the Indian market landscape has witnessed a proliferation of oligopolistic structures across various sectors, ranging from the food delivery industry to the airline industry. In such environments, the risk of collusion and tacit coordination...

Bharathiya Nagarik Suraksha Sanhita 2023- A Critique

Bharathiya Nagarik Suraksha Sanhita 2023 (for short hereinafter referred to as“ Sanhita” ) replaces the Code of Criminal Procedure 1973 ( for short hereinafter referred to the as Code) . There can be no dispute that both Sanhita and Code deal with the procedure relating to criminal matters. The preamble to the Sanhita itself provides as follows “An Act to consolidate and amend...

Free Speech v. Digital Disinformation: How Is State Intervention In Social Media Content Moderation Being Navigated In USA & India

Recently, the United States (US) Supreme Court in Moody v. NetChoice, LLC (2024) refrained from issuing what could have been a landmark judgment on a pivotal issue: whether states can enact laws that limit the power of social media companies to moderate content. This case revolved around the constitutionality of laws enacted by Texas and Florida that aimed to restrict social media platforms...

Arbitration /Litigation/Mediation – Hobson's Choice Or Commonsense?

A recent Office Memorandum (OM) dated 03-06-2024 issued by the Department of Expenditure, Procurement Policy Division, Ministry of Finance, Government of India (GOI) has caused quite a stir in legal circles prompting the newly formed Arbitration Bar of India to shoot off a very strong letter to the Ministry of Finance. When I discussed the OM with a friend who is a former bureaucrat...