by sflc_admin | April 26, 2016 Indian law on patentability of computer programmes is abundantly clear in that Section 3(k) of the Patents Act 1970 explicitly excludes computer programmes per se, mathematical methods and algorithms from patent protection. Moreover the recent Guidelines for Examinatio...
Blogs
Police Structure Admission to police services In India there are various modes to enter the police system. There are broadly 2 types of entry scheme i.e. Indian Police Services and State Police Services. The Indian Police Services is a part of All India Services of the Government of India. IPS acts ...
Parliament today reconvened for a new session. The first part of Budget Session was adjourned on March 16 to meet again on April 25. However, the session was formally closed at the end of March, to enable the passage of the Uttarakhand Budget through an executive order. This was necessary as Preside...
Supreme Court of India has asked for the view of Attorney General for India in the challenge to the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. When the matter was called for hearing, senior counsel P Chidambaram and Kapil Sibal appeared for the pet...
By Yogesh Dilhor
A full judge bench of the Bombay High Court holds that a scheme settled by two companies is not a document chargeable to stamp duty. Rather, an order passed by the Court sanctioning such a scheme under Section 394 of the Companies Act, 1956 which effects such a transfer is a document chargeable to s...
The Hon’ble Supreme Court is hearing the appeal against the conviction and death sentence awarded to four accused in the Nirbhaya Rape Case. The Hon’ble Delhi High Court had affirmed the death sentence awarded to the accused by the Trial Court . Both the Trial Court and the High Court found that cri...
As per Section 375 of IPC, sexual intercourse acts by a man with his own wife, the wife not being under 15years of age, is not rape. Under Indian System of Law, marital rape is not an offence. It took us so many years from the rape case of tukaram to nirbhaya gang rape case, to open our eyes and fra...
Better late than never,although i am a bit late in writing this article but it is highly important to mention these facts about this prestigious institution. Recently, the Patna High Court completed its centenary year.Since it’s inception in 1916,it has touched many milestone in the dissemination of...
The IDIA Charitable Trust was selected by the Vienna based Zero Project as one of 86 winners from across the world for “Innovative Practices 2016” at this year’s Zero Project Conference on Inclusive Education and Information and Communication Technology (ICT) that was held on 10-12 February 2016 ( h...
The final version of the Maharashtra Protection of People from Social Boycott (Prevention, Prohibition and Redressal) Act of 2016 contains a few key departures from the draft bill (available here ) The most important is the scope of the word “victim” under the definitional clause (S. 2(h)). The Draf...
The European Parliament adopted the new Rules on Data Protection on the 14th of April, 2016. The new R egulation replaces the General Rules on Data Protection, 1995 and the 2008 framework decision on cross-border data processing in police and judicial cooperation within the EU. In January 2012, the ...
A year ago, a group of sixteen Delhi-based lawyers from diverse backgrounds made a commitment to provide free legal services to disadvantaged children who have survived sexual abuse, through iProbono, an organization working towards access to justice. As the coordinators of this panel of lawyers, we...
The topic of human rights on the Internet has been one of significant interest, right from finding mention in the WSIS Declaration of Principles in 2003, to the UN Human Rights Council’s First Resolution on Internet Free Speech , which declared that the rights available to people offline must also b...
Advocate K.V.Dhananjay raises a question here; a question that he was asked – men perform the role of priests in Hindu temples; women have been traditionally and customarily barred from this role. Do women have a constitutional right to demand assignment of priest roles to them? Of course, in Hindu ...
by sflc_admin | April 18, 2016 The number of internet blackouts in India is on a rise over the last few years. In the first quarter of 2016, mobile internet services were suspended on four different occasions, out of which, two incidents were recorded in the state of Gujarat. Moreover, five differen...
April 17, 2016 · 6:52 am Last month, Punjab passed the Indian Penal Code (Punjab Amendment) Act, which inserts a new Section 295AA into the IPC. 295AA, according to reports, prohibits “sacrilege” to the Guru Granth Sahib, and imposes life imprisonment as a punishment. I haven’t yet been able to obta...
ICANN recently announced the successful evaluation of four additional proposed IDN (Internationalized Domain Names) ccTLD strings for India. This was done through a fast track process that was approved by the ICANN Board in 2009. After the successful evaluation of the four new IDN strings (Malayalam...
It is unfortunate to see that Indian courts have started interfering in Hindu religious customs and traditions. It is surprising to note that being atheist institutions themselves, our courts including The Supreme Court of India are ruling over religious matter which is not supported by constitution...
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...