Ninth Meeting of the Advisory Council of the National Mission for Justice Delivery and Legal Reforms held Press Release -Ministry of Law & Justice 16-February, 2016 20:07 IST Sadannad Gowda The Ninth meeting of the advisory council of the national mission for justice delivery and legal reforms ...
Blogs
In light of the apparent misuse of the law of sedition by the Delhi Police in the JNU slogan shouting incidents, a closer look at the essential ingredients of the crime of sedition under Section 124A of the Indian Penal Code as clarified by the Supreme Court of India in Kedar Nath Singh vs State of ...
download-order The 2 February order of the Supreme Court referring the curative petitions in the Naz Foundation case to its Constitution Bench is finally available. This batch of curative petitions seeks ‘curing of the defects in the 2013 judgment upholding the validity of section 377 of Indian Pena...
The inclusion of an e-commerce chapter in the recently concluded TPP Agreement has sparked off a debate around the world on internet issues being a part of trade agreements. In my last post I had looked at the efforts of civil society groups trying to engage with various trade negotiation processes ...
(In this guest post, Aratrika Choudhuri, a student at the National University of Juridical Sciences, Kolkata, discusses the recent discussion of the Pakistani Supreme Court on the basic structure doctrine) — The Supreme Court of Pakistan (“SCP”), by an overwhelming majority of 13 out of 17 judges, r...
The Narendra Modi led Government has used the Delhi Police to slap the very serious charge of sedition against JNU students who allegedly shouted objectionable slogans in a peaceful gathering and did nothing else. The law on sedition is being routinely abused in recent years to silence dissent, prot...
Recommendations 6 & 12 In the weeks leading up to the ICANN 55 Meeting at Marrakech, we are doing a series of posts tracking the CCWG-Accountability process. The first post in this series, analysing Recommendations 1 & 2, can be read here . This post examines Recommendation #6: Reaffirming...
sonia0rahul0-national-herald Dismissing the special leave petitions to appeal filed by Sonia Gandhi, Rahul Gandhi and other Congress leaders, the Supreme Court of India has upheld the judgment of the Delhi High Court wherein it had refused to quash the proceedings in the National Herald case before ...
CCI holds that Uber does not hold a dominant position in Kolkata and dismisses claim filed by Meru Cabs. CCI holds Kolkata’s market to be a peculiar market and hence relevant product market would include services offered by radio taxis as well as yellow taxis. CCI holds that the relevant geographic ...
by sflc_admin | February 10, 2016 India has seen numerous Internet shutdowns for various reasons in this year, all under the same provision of law – Section 144 of the Code of Criminal Procedure, 1973 (CrPC). This section resides as the sole occupant under the chapter of ‘temporary measures to maint...
Last week (around 10.00 am) Nervous. Excited. After almost 2 months of sitting at office, staring at window, reading case bundles, drinking countless teas, researching case laws, I am going to appear in court. That too in Bombay High Court. YES, BOMBAY HIGH COURT! First appearance. We have a meeting...
Yesterday, the Telecom and Regulatory Authority of India (TRAI) released the Prohibition of Discriminatory Tariffs for Data Services Regulations, 2016. These regulations prohibit Telecom Service Providers from charging different tariffs from consumers for accessing different services online. A lot o...
The privacy debate surrounding the aadhaar proceedings has, in the recent past stirred debate on the constitutional perceptive on privacy. In addition to this, the disastrous National Draft Encryption Policy and the Human DNA Profiling Bill, 2015 have challenged the legal contours of privacy, partic...
The Telecom Regulatory Authority of India (TRAI) has come out with a set of regulations explicitly prohibiting differential pricing for mobile data services in India. 3. Prohibition of discriminatory tariffs.— (1) No service provider shall offer or charge discriminatory tariffs for data services on ...
IDIA – Increasing Diversity by Increasing Access to legal education (IDIA) per nomenclature is a premiere organization that focuses on increasing diversity in the legal education by empowering the underprivileged and increasing awareness about the potential that this field carries. NLUO – National L...
The NLU Delhi LLM- The Opaque Hostel Allocation Process and the Rest All may seem good and rosy in NLUD, yes the National Law University, Delhi but there are some rots in the system and they are significant ones. This post is an attempt to open the eyes of the University to look at the position of j...
A very interesting as well as important question came on my mind before few days. The question was that, Are only VIP’s are special and important in our country and not the common people? To be frank this question disturbed me for a long time. When I asked this question with some of my friends, seni...
The World Economic Forum (WEF) held its annual meeting at Davos from 20-23 January, 2016. The theme of the meeting was ‘The Fourth Industrial Revolution’ which referred to advent of new technologies that converge “the physical, digital and biological worlds” to create seamless ‘cyber-physical system...
Allahabad-High-Court On February 8, Supreme Court of India will hear a public interest litigation seeking a direction from the court under Article 142 of the Constitution to set up the main seat of the High Court for the state of Uttar Pradesh at Agra instead of Allahabad, in terms of the terms of t...
The Indian Constitution’s religious freedom clauses (Articles 25 and 26) constitute an extremely complex web of relationships between individual, community and State. To navigate this web, the Courts have developed two broad doctrinal tools: a distinction between the religious and the secular, and t...
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...