Right To Personality And Its Emergence In India

Right to Personality has recently been in the news as the aspect of the case is concerned with constitutional law and publicity rights. The reason is that the Delhi High Court recently passed an interim order restraining the unlawful use of the renowned actor of Bollywood Amitabh Bachchan’s name, image, and voice. The court by this order restrained the respondent and other persons...

Victoria Gowri’s Elevation Exposes Centre’s Double Standards & Collegium’s Fiasco

A person who has a record of making deeply problematic communal statements is now a High Court judge. The appointment of Victoria Gowri as an additional judge of the Madras High Court will remain an ignoble chapter in the Indian judicial history. It raises troubling questions at the efficacy of the selection process- which boasts of consultations at multiple levels - in picking up the...

The Judge Is Not A Mere Post Office To Frame The Charge At The Behest Of The Prosecution – The Discharge Of Accused In The Jamia Violence Underscores

The Additional Sessions Judge, South East District, Saket Court, Arul Varma, in State vs Mohd. Ilyas@ Illen, delivered an order on Saturday, which is significant for establishing when an assembly of persons protesting against what is perceived as unjust, becomes illegal. The order is also noteworthy to ascertain whether the action taken by the police against individuals exercising...

Law On Reels; Rashomon In The Courtroom-Exploring The Paradox Of Subjectivity In Legal Proceeding

A notable quote by author Mark Twain reads the following: “Truth is stranger than fiction, but it is because fiction is obliged to stick to possibilities; the truth is not.” Generally, it shows situations where the truth appears implausible based on facts and circumstances. Legendary director Akira Kurosawa employs a criminal thriller story in his epochal film Rashomon in 1950...

To Interfere Or Not To Interfere – The Section 11 Conundrum

The Courts under Section 11 of the Arbitration and Conciliation Act, 1996 (‘the Act’), are empowered to intervene if the parties fail to agree on the appointment procedure or are unable to act upon the agreed appointment procedure. Some argue that the Court should limit its examination to the existence of an arbitration agreement and refer the matter to arbitration by appointing...

If Circumstances Warrant, A Judge, Wrongly Appointed, Does Not Become Immune From Action: Supreme Court In 2008

As the Supreme Court is set to hear petitions challenging the appointment of L.Victoria Gowri as a Judge of the Madras High Court today, it has to come to terms with its own judgment, delivered in 2008 with respect to the appointment of another Judge of the Madras High Court, which was under challenge then. In Shanti Bhushan and Another vs Union of India, Justices Arijit Pasayat...

Cape Town Convention – A Masterpiece For Aviation Transactions

In the age of technology, when air space is dominated by the presence of different kinds of aerial vehicles, it becomes important to address queries originating from Aviation asset financers/stakeholders. One of the major demand comes from creditors & lessors seeking development of a mechanism, to regulate asset based leasing and finance of aviation tools and thereby cap the...

Odour And The Law

Odour - a strong, mostly unpleasant smell - has proven to be a nuisance on several occasions in India. Undesirable odour is often indicative of an environmental problem that impacts health and human well-being. Like how, notably, in 1858, it was the “Great Stink” of the polluted Thames River and not the contagious diseases being spread that prompted the UK Parliament to take action...

Judicial Appointments: Unhealthy Debate On Misplaced Concern

The Union Law Minister’s public comments about appointment of judges and the judicial pendency, though, raise genuine concerns about the system of administration of justice in India but probably though inappropriate forum and for sure a misplaced concern. The concern should be the qualitative and quantitative improvement of Judgeship in India. These issues undoubtedly warrant...

Remembering Shanti Bhushan : A Look At Notable Cases Fought By Him

Acclaimed lawyer and Senior Advocate Shanti Bhushan passed away at his home in Delhi at 7PM on 31st January. He was aged 97 years. Shanti Bhushan also served as the Union Law Minister from 1977 to 1979 during the post-emergency era in the Morarji Desai government. During his illustrious career that ran for over six decades, Bhushan was not just a part of but also pivotal to several...

Siddique Kappan’s Release On Bail After 846 Days Is A Harsh Reminder Of What Can Happen To Our Precious Freedom

Eternal vigilance, it is said, is the price of liberty. Siddique Kappan’s loss of liberty for 846 days shows that our liberty too can be snatched by the State for no reason. On being released on bail from a Lucknow prison on Thursday, Kappan told the media that he had no idea why he was implicated wrongly in a case and jailed for 28 months. That he has been only released on bail...

Applicability Of The POCSO Act On The Consensual Relationship Between The Minor

Recently the CJI D.Y. Chandrachud has urged the parliament to reconsider the age of consent under the Protection of Children from Sexual Offences Act, 2012 (POCSO) he stated that major difficulty encountered in POCSO cases by the Judges is in situations where the consent is factually present but regardless of it since the POCSO criminalizes all the sexual acts among those under 18 years...