Mr. Arvind P. Datar continued his arguments on Day 2. He commenced by referring to his earlier arguments from the previous day on the interplay of Sections 98 and 99 of the Representation of People Act, 1951 (‘RPA’) and reiterated the issues framed by the three judge bench mentioned here . He submit...
Blogs
Ms. Prerana Saraf, who writes at Legal Parley , has contributed this guest post on the Sowmya murder case and the recent order of the Supreme Court pertaining to Justice Katju. The guest post is reproduced below (with a few formatting changes). Govindswamy v. State of Kerala came into the limelight ...
Today, a seven-judge Constitutional Bench of the Supreme Court of India comprising of Chief Justice T.S Thakur and Justices Madan B. Lokur, S.A Bobde, A.K Goel, U.U Lalit, D.Y Chandrachud and L.N Rao commenced hearing a batch of petitions to examine whether appeals in the name of religion for votes ...
This post pertains to Questionnaire published by the Law Commission of India about reforming personal laws and the uniform civil code. The post is in two parts (both published in this post). The first part of the post attempts to answer the questionnaire. The second part of the post discusses a more...
According to the National Cyber Security Co-ordinator, a national encryption policy is under consideration by the government and will be released soon . It has been reported that that the new policy will be designed to provide support to security agencies against terrorists, who are using tools like...
Arbitration at Crossroads, October 15-16, 2016 The Centre for Advanced Research & Training in Arbitration Law (CARTAL) and the Indian Journal of Arbitration Law (IJAL) , along with Baker & McKenzie , are organizing a two-day international conference on the state of arbitration, “ Arbitrati...
Section 145 of the Income tax Act, 1961 ( “the Act” ), as amended by the Finance Act, 1995, empowered the Central Government to notify the Accounting Standards to be followed for computing income under the head “Profits and Gains of Business or Profession” and “Income from Other Sources”. In pursuan...
Though implementation of a unified GST regime is a huge step towards a much awaited tax reform, the implementation of GST could hike renewable energy costs and significantly increase the cost of energy projects in India. The energy sector is a key driver for economic growth but remains plagued by po...
by Tejas Popat Advance Medical Directive, ( hereafter ‘directive/s’) or what is commonly known as a ‘living will’ is a document indicative of an individual’s wish to continue medical treatment or not when he is artificially kept alive. Recently, the Health Ministry released a draft of, ‘ The Medical...
Evolution of the right and Global framework In the Internet age, when access to information is quick and easy, procuring personal information or past records about an individual is no longer a herculean task. The relevance of such information or the duration for which such data should be available f...
by sflc_admin | October 7, 2016 SFLC.in, in collaboration with iSPIRT (Indian Software Product Industry Round Table) organized a discussion on September 5, 2016 at the India International Centre, New Delhi, where we aimed to delve deeper into the technological components of the Aadhaar project and t...
by sflc_admin | October 7, 2016 On 6th September, 2016, SFLC.in organized the second in a series of consultations at the India International Centre, New Delhi on the various facets of hateful and harassing speech online. Both the roundtables had representation from industry, civil society, and media...
This post originally appeared on Scroll.in on 19th September 2016. On September 7, Seema (name changed) became the youngest person in India to get an Aadhaar number, after she was enrolled within five minutes of her birth in Khajuwala, Rajasthan. The government’s biometric-based identification syste...
The Ministry of Human Resource Development released the draft National Education Policy, 2016 in July this year. [1] The Ministry was receiving comments on the draft policy until the end of September 2016. In this context, we provide an overview of the proposed framework in the draft Policy to addre...
Mobile Internet services have been suspended in Kashmir for the past 87 days. There has been a sharp increase in both the frequency and duration of ICT shutdowns in the past two years. We have been tracking ICT shutdowns since 2012 as part of our research for the Freedom on the Net- India Report ( 2...
By Shilpa Rao When the security advisors of BRICS countries met in New Delhi on September 15, 2016, they emphasised the need to improve cooperation in cybersecurity to combat cybercrime. They also agreed to enhance cybersecurity efforts through information sharing and improving cooperation between t...
A recent Report by the Court Fee Rationalisation Committee in Tamil Nadu has recommended that the court fee for setting aside arbitral awards be made ad valorem. Court Fee for setting aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 is currently on Rs. 5,000/- i...
The much-discussed IANA transition has finally been completed , now that the U.S. Government’s contract with ICANN for IANA Functions has expired . This brings to an end the governmental oversight of these functions, a plan outlined back in 1998 , and transfers it to a global multistakeholder commun...
by Suniti Sampat and Aditi Prakash as part of the Dirty Picture Project. With Pink, Bollywood has made a bold attempt at making a movie about women and the way society treats them. In a lot of ways, women’s lives in most parts of India have been circumscribed by the dangers the sex faces. Should we ...
In its beginnings, it was hoped that the internet would transcend the biases and discrimination that characterize offline spaces- to emerge as a frontier for gender equality. In line with the “ cyborg manifesto ” put forth by the feminist scholar Donna Haraway- identities on the internet were to bec...
The Bar Council of India (“ BCI ”), in a press release on Saturday, has said that it will file an application in the Supreme Court seeking modification of the order which allowed fresh law graduates to become judicial officers. It said that the BCI and the State Bar Councils are “strongly in favour”...
Thirty years ago, nobody could have accurately predicted the job market of today. The intervening technological progress must be blamed or credited for it. However, we seem to be able today to satisfactorily predict the job market we will have thirty years hence – plenty of machines and Artificial I...
Writing a great legal article is truly amazing. Not only it will be published in a good, well-known website or blog, thereby increasing your brand value and visibility, but also be read by many people who are in need of that information. It may help litigants, researchers, other lawyers or a reporte...
The distinguished Prof. Shamnad Basheer recently launched an online petition in the form of a poem to make a fervent appeal to the invisible CLAT powers to make the critical shift to a permanent, centralized CLAT body that will conduct the CLAT examination every year. However, every effort till now ...
CLAT 2015 will go down in the history of national competitive exams in India as the most ludicrous and incompetent examination that openly insulted the intelligence of thousands of candidates and played with their careers with an unbelievably sick mentality. The entire CLAT 2015 affair reflected an ...
Law and journalism are two fields which demand up-to-date knowledge in this proliferating world. Neither of them is stagnant and obsolete. As a first year law student,I used to think that legal profession only meant to argue in courts. It was later that it dawned upon me that legal field has no peri...
Why This Ko-Law-Very ?? The moment you enter an elite Law school campus,you will be tired of answering this question to everyone, from your Orientation day to Farewell.One simple question -“Why law?” Few oversmart kids would try to impress the first class by saying “Because I couldn’t make it to IIT...
Introduction Law has been the most variegated stream ever since it was incorporated in the human society. When one thinks of a vocation in law the first image that strike its mind is a dexterous person, dressed in black and white, going through some gigantic books, running in and out the court, figh...
Photo by Gulshan Sachdeva, via here.
LIFE IS NOT SO FAIR AND LOVELY At the outskirts of the Metropolitan court, I begin my day with the sight of all street smart lawyers who are out for today’s hunt. The hunters instinct is still seen in them when their roving eyes are targeting their next catch cum client. Sipping the cutting chai and...
What happens when you spend 5 years of your law school having the time of your life. Like literally, time-of-your-life!!! [Time of your life- excludes any such activity that requires paying attention in classes, taking internships seriously, taking moots seriously and/or taking anyone/anything serio...
A lady (not a lawyer) Retired Justice Markandey Katju published a blog post today entitled “Lady Lawyers” . In typical Katju blogging fashion (whenever not causing a media storm about judicial corruption), it’s a trip down memory lane starting with his time as a lawyer in 1970 Allahabad. Katju is tr...
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Last year, European Union has ratified the ‘Right to Repair’ regulation. According to these regulations, the manufacturers of the household electronic appliances i.e. lighting, washing machines, dish washers, and refrigerators, will have to make it easier for the consumers to get them repaired. Thou...
by sflc_admin | October 9, 2017 According to the Cyber Laws and E-Security Group under Ministry of Electronics and Information Technology Group (MeitY), as many as 23,030 websites /URLs are currently blocked in India. This information was received as a reply to a Right to Information application fil...
by sflc_admin | October 4, 2017 We live in an era where human activity is producing unprecedented amounts of digital data. The popular saying these days is ‘data is the new oil’. The high value of this data along with the lack of awareness among people about rights has prompted corporations and gove...
by sflc_admin | September 27, 2017 The second Digital Citizen Summit was organised on September 21-22, 2017 by Digital Empowerment Foundation (DEF) and Friedrich Naumann Foundation for Freedom at India Habitat Centre, New Delhi. SFLC.in was an associate partner of the summit. The summit aimed at fin...
Notable technology and rights related litigations
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by sflc_admin | September 22, 2017 SFLC.in is organising a workshop on “Secure Communication ” in association with Sukhbir Singh, TOR Developer, on Saturday, September 23, 2017, from 11:00AM-:1:30 PM at the SFLC.in premises at K-9, Second Floor, Birbal Road, Jangpura Extension, New Delhi -110014 nea...
by sflc_admin | September 18, 2017 The ongoing Internet shutdown in Darjeeling, West Bengal completes 3 months today. This day, three months earlier, mobile Internet was shutdown in the city due to the ongoing agitation for a separate Gorkhaland. Two days later, on 20th June, the orders were extende...
Written by the Civil Liberties team at CCG A 9 judge bench of the Supreme Court of India passed a landmark judgment last week, which unanimously recognized the right to privacy as a fundamental right under the Constitution of India. The Court found the right to privacy to be a part of the freedoms g...
Today, the Supreme Court heard the ongoing matter of Sabu Mathew George vs. Union of India . In 2008, a petition was filed to ban advertisements endorsing sex-selective abortions from search engine results. Advertisements endorsing sex selective abortions are illegal under Section 22 of the PNDT Act...
by sflc_admin | September 4, 2017 On Sep 2, 2017, SFLC.in organized a discussion titled “Celebrating the Right To Be Let Alone” to commemorate the recent recognition of right to privacy as a fundamental right, discuss the privacy judgment, its key takeaways, the impact it will have on pending Aadhaa...
The sub-committee of Insolvency Law Committee (ILC) of the Ministry of Corporate Affairs, Government of India (MCA) in its report dated October 31, 2020 has proposed the framework for the pre-pack and prearranged insolvency resolution process which the Government may adopt with / without modificatio...
Analysis of the Condonation of Delay Scheme, 2018 of the Ministry of Corporate Affairs The Scheme is by way of a General Circular No.16/2017 dated 29 December 2017. It is in exercises of powers u/Ss. 403, 459 and 460 of the Companies Act, 2013. Who can avail the scheme? A company registered under th...
Diwali is one of the most anticipated and celebrated festivals in India. It is also a festival of giving gifts, which is often a challenge for compliance professionals who struggle with policies and nuances of law around this time, on giving gifts that might seem like bribes. Under the Prevention of...
The RBI has amended the Master Directions on Financial Services provided by Banks. This is a significant move permitting Banks to invest in Category II Alternative Investment Funds. As of June 30, 2017, Alternative Investment Funds ( AIFs ) had raised the cumulative figure of Rs. 48, 129 crores, aga...
Image credit: Scroll.in, September 26, 2017 Sociologists know that the formation and survival of civilization is conditional upon the universal adherence to a framework of acceptable norms and guidelines of human conduct and interaction. Moses therefore set out as God’s message, the directive to lov...
Financial investors in India are scared of regulatory uncertainties. Not that uncertainties are exclusive to our country but it’s a critical risk factor that is assessed by those making substantial investments. Historically, one of the most important regulatory concerns for such investors is related...
India has long recognised the right of foreign creditors to participate in the winding up of Indian companies. As early as 1961, the Supreme Court of India, in Rajah of Vizianagaram (AIR 1962 SC 500) , clarified that foreign creditors have the same right as Indian creditors in winding up proceedings...
Photo credit: Indian Express, August 23, 2017 Through its historic ruling delivered by a five-judge bench in the case of Shayara Bano and Ors v. Union of India on August 22nd 2017, the Supreme Court of India ( SC ) liberated Muslim women from the perpetual fear of arbitrary and whimsical divorce. Th...
The ability to attract large scale Foreign Direct Investment ( FDI ) into India has been a key driver for policy making by the Government. Prime Minister Modi seems to be going along the right track, with India receiving FDI inflows worth USD 60.1 billion in 2016-17, which was an all-time high. Henc...
On August 31st 2017, the Supreme Court of India in the case of Innoventive Industries Limited v. ICICI Bank Limited* delivered its first extensive ruling on the operation and functioning of the Insolvency and Bankruptcy Code, 2016 ( Insolvency Code ). The Court said that it is pronouncing its detail...