The United Nations Working Group on Arbitrary Detention (WGAD) has by majority adopted Opinion No. 54/2015 holding that Wikileaks founder Julian Assange was arbitrarily detained by the Governments of Sweden and the United Kingdom of Great Britain and Northern Ireland. In its opinion, WGAD recognized...
Blogs
“ATROCITIES ON CHILDREN” Crime against children , yes at the very first sight this sentence appears to be small, but one cannot anticipate the inhumanity, depth and density of crime involved in these three words. Few days ago when I woke up after completing my daily routine activities I came to my d...
money-1050403_640 Observing that ethics and morals have taken a back seat in the modern India’s scheme of things and that corruption can be beaten if all work together, Justice AB Chaudhary of the Nagpur bench of the Bombay High Court has observed in an order: To eradicate the cancer of corruption t...
In a somewhat belated realisation, the Arbitration and Conciliation (Amendment) Act 2015 has made changes that impact the ability of parties in international commercial arbitrations seated outside India (offshore arbitrations) to seek interim remedies before Indian courts. In a nutshell, the amended...
Cartoon by Yogesh Dilhor
countryside-249205_640 The Supreme Court has on February1, vacated the interim order dated April 30, 2008 granted by the Madras High Court staying the issue of patta under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA) on an application file...
This author was one of the participants in the strategy meeting at the invitation of the Electronic Frontier Foundation The Strategy Meeting on Catalyzing Reform of Trade Negotiation Processes was held last week in Brussels. Convened by the Electronic Frontier Foundation (EFF), it brought a diverse ...
The Competition Appellate Tribunal (COMPAT) vide its order dated 11 th December 2015 has set aside the Rs 6,316.59 crore penalty imposed on 11 cement companies by Competition Commission of India (CCI) for partaking in cartelization. COMPAT has remanded the matter back to CCI for fresh adjudication a...
India’s only International Trade Law Moot Court Competition is back! From 3rd to 7th February 2016, 42 teams from 8 around the world shall be at GNLU’s sprawling campus to participate in the 7th GNLU International Moot Court Competition. GIMC’s 2016 edition problem is based on trade in solar cells a...
pride-828056_640 In a significant move, Supreme Court of India has referred the batch of curative petitions seeking ‘curing of the defects in the 2013 judgment on section 377 of Indian Penal Code’ to a five-judge constitution bench. The December 11, 2013 judgment of the Court had upheld the validity...
Recommendations 1 & 2 In the weeks leading up to the ICANN 55 Meeting at Marrakech , we are doing a series of posts tracking the CCWG-Accountability process. Through these posts we will be examining all the recommendations and trace their developments since the third draft proposal was opened t...
by Vasujith Ram In paragraph 160 of the judgment striking down the National Judicial Appointments Commission as unconstitutional, Justice Khehar writes: “A little personal research, resulted in the revelation of the concept of the “legitimate power of reciprocity”, debated by Bertram Raven in his ar...
‘With due respects’, ‘With the greatest of respects’, ‘In deep reverence’ and ‘In all and every humility’, it is necessary now to say - “One ignorantly given SC judgment is wreaking havoc across India”. The prefatory salutations are dispensed with in the rest of this piece to ease reading. The reade...
Cyberspace has been continually emerging as a significant forum of criminal activity that requires specialized monitoring. However, cyber crime cases often go unreported in India further increasing online vulnerability. Even reported cases mostly result in acquittal due to the lack of forensic infra...
Laying down Competition Law Jurisprudence The Chairman of the CCI has stated recently that the architecture of CCI is different from that of legal architecture in judicial system per se. The Economic Times in its report on 27 th December 2015, quoted him saying that: “The legal architecture in a jud...
Supreme_Court_of_India The Supreme Court of India has today recalled its December 15, 2015 order wherein it had invoked its powers under Article 142 of the Constitution of India and had appointed Justice Virendra Singh, former judge of Allahabad High Court as the Lokayukta of Uttar Pradesh. Apex Cou...
Supreme_Court_of_India Supreme Court of India has issued notice to the Union of India in a writ petition filed by Arunachal Pradesh Congress legislature party chief whip Rajesh Tacho challenging the recommendation of the Union Cabinet which led to the imposition of President’s Rule in Arunachal Prad...
January 26, 2016 · 12:25 pm The Centre for Law and Policy Research has developed a website for searching the Constituent Assembly Debates. So far, researchers have been using Vivek Srinivasan’s fantastic search engine for our research, which has been a truly invaluable resource. The CLPR website, ho...
Priya Ravinchandran has started a new blog called Women Architects of the Indian Republic , which aims to document the contributions of women members of the Indian Constituent Assembly, to the Debates and the Framing. It promises to be a fascinating enterprise. First published here. Original author:...
The Tallinn Manual [1] , is an elaborate, academic body of work that examines the applicability of international law to cyber conflicts. The Manual was prepared by an International Group of Experts (a group of independent international law scholars and practitioners) at the invitation of the NATO Co...
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...