Articles
Claim For An Agreed Sum Vis-À-Vis A Claim For Damages
One of the most common remedies for refusal or failure of a party toperform its part of the promise is an action for claim of damages. These damagescan be unliquidated or liquidated. The law as enunciated by courts in Indiastipulates that even when a contract provides for liquidated damages, theinjured party has to prove its loss and can claim damages corresponding to theactual loss caused to it barring the cases where quantification of loss is notfeasible in the given facts.Apart from damages,...
Guidelines On Sexual Assault Cases: Roles And Responsibilities Of Police Officials And Other Stakeholders
Given rising instances of sexual assault, the importance of taking drastic measures to curb the menace of sexual violence cannot be gainsaid. Apparently, there are laws that abjure the evil and attempt to rid the society of its demonic presence. Yet, sexual violence has escalated leaps and bounds into an epidemic that State now has little control over. To speak of the executive front, special steps that shall be taken in cases of sexual assault are missed, resulting in torment to the...
Personality Rights: Interpretation And Scope
When Amitabh Bachchan got rejected as a radio presenter for his baritone, little did he know that several years down the line he would be in the Courts seeking protection from the rampant commercial use of the same much-admired voice. Not only is the anecdote an inspiration for many, but also, it brings to the fore a legal concept of great significance in the current times i.e. the concept of personality rights. The instant case pertains to a suit filed by the veteran actor, Amitabh...
The New Legal Framework For Telecommunications: A Tool For Legal Regulation Or Public Surveillance?
On September 21, 2022, the Department of Telecommunications initiated public consultations on a proposed new legal framework for telecommunications. The Draft IndianTelecommunications Bill, 2022 (hereinafter, Draft ITB), is one of three proposed laws, collectively forming a pioneering scheme aimed at modernizing the archaic laws governing telecommunications and IT-related matters. The Bill seeks to incorporate, within its ambit, all forms of telecommunication platforms, including social...
GST On Sale Of Not Readily Realizable Assets In Liquidation Under IBC
Under regulation 37A of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 permits a Liquidator to assign or transfer a 'not readily realizable asset' ("NRRA") through a transparent process, (in consultation with the stakeholders' consultation committee) for a consideration to any person, who is eligible to submit a resolution plan for insolvency resolution of the corporate debtor. The explanation to regulation 37A further clarifies that for the...
Criminal Procedure Identification Act, 2022
The recently enacted Criminal Identification Act, 2022 has spurred a lot of protests among human rights activists. This law replaces the colonial Identification of Prisoners Act, 1920 and authorizes the executive to take measurements of convicts and other persons for the purpose of identification and investigation in criminal matters. It also authorizes the preservation of records and data. The Criminal Procedure (Identification) Bill, 2022 was introduced in the Lok Sabha on 28th March...
The Digital Data Protection Bill, 2022 And The Concerns Associated
Center's Ministry of Electronics and Information Technology (MeitY) recently tabled another version of the data protection bill called the Digital Data Protection Bill, 2022. This is the fourth instance when the Center presented a bill on data protection. The Supreme Court, in Justice K.S. Puttaswamy (Retd.) &Another vs. Union of India & Others, 2017, held that the right to privacy is a fundamental right enriched in Article 21 of the Constitution of India. Subsequent to this, the...
Victim Participation In Criminal Justice System: An Indian Perspective
The crime victims' rights movement advocates for the rights of the victims of crime in criminal justice process. The concern for victim's rights had long been subdued. Eventually over a period, the victims' rights have become a focal point of the discussion. Starting from the point when an offence is reported to the investigating agency, till the stage of filing of charges and commencement of trial, the role of victim is overshadowed by the prosecuting officers. In earlier times, the...
Interpreting MTP Act From A Pro Choice Perspective
The debate on right of a woman to terminate pregnancy is divided between two main groups: pro-life and pro-choice. Attempt here is to examine development of law on the subject in India from a pro-choice perspective. Medical Termination of Pregnancy Act, 1971 ("the MTP Act") that governs the field in India aimed to address the issue of illegal abortions resulting in risks to life of women. It was enacted as it was realized that the provisions of IPC dealing with illegal abortions were...
'Some Files Approved Fast, Some Kept Pending' : A Look At The Time Taken By Centre In Accepting Different Collegium Recommendations
Some recommendations are approved fast, but some others are kept pending for months, observed the Supreme Court recently while hearing a case filed against the Union Government for delaying approval for collegium proposals.There is no definite time-line set for the Centre to decide on collegium proposals, except in respect to names reiterated by the collegium as High Court judges, where there is a definite judicial direction to the Centre to make the appointment within 3-4 weeks. Due to the...
Some Suggestions To Improve The Collegium System of Appointments
We are back to square one upon Supreme Court of India striking down 99th Constitutional Amendment Act which (brought into force w.e.f. 13/4/2015) which inserted Articles 124A,124B,124C in the Constitution of India and made corresponding changes in the Articles 124 and 217, 222. [Please refer to SCORA vs. UOI (2016) 5 SCC 1] In view of the aforesaid development, the collegium system evolved by the Supreme Court in SCORA vs. UOI (1993) 4 SCC 441 as modified in Re Presidential Reference AIR...