Blogs

Centre, Sanskriti School approach Supreme Court against Delhi HC’s quashing of babu-quota

by OneLawStreet on in Litigation, arbitration & dispute resolution
Sanskriti School Sanskriti School Union of India and Sanskriti School in Delhi have approached the Supreme Court of India against November 6 judgment of Delhi High Court by which it had quashed the 60% quota reserved in Sanskriti School for children of Group-A officers of the Union of India who ente...

Final WSIS+10 Agreed Text Draft: Additions, Omissions and Reorganization

by CCG NLU Delhi on in Technology, Media & Telecommunications
The agreed text draft of the outcome document of the WSIS+10 Review has been released. The agreed text is a product of the final negotiations between Member States over the past few days. This draft will be adopted at the High Level Meeting of the General Assembly on the Overall Review of the Implem...

Addendum: Not Just a Structural Issue

by Gautam Bhatia on in Constitutional Law
December 14, 2015 · 8:34 am On the SpicyIP blog, Thomas J. Vallianeth has a response to my previous short piece, pointing out plagiarism in some of the Supreme Court’s important constitutional judgments. Thomas writes: “Gautam in his piece suggests that un-originality in judgements is a consequence ...

Supreme Court dismisses PIL for direction to enforce ‘Lalita Kumari’ as no violation shown

by OneLawStreet on in Litigation, arbitration & dispute resolution
Supreme_Court_of_India Supreme Court of India has dismissed a public interest litigation petition which sought a direction from the Court to enforce the directions of the Court in Lalita Kumari v. Government of Uttar Pradesh & Ors : (2014) 2 SCC 1. When the matter was called for hearing, the Ch...
deli-pollution-car National Green Tribunal (NGT) has asked the authorities not to register any diesel vehicles in the national capital ailing with pollution, till January 6, when it shall next hear the matter. It has also directed the government to take a conscientious decision in regard to not buyi...
Maggi_masala_noodles Supreme Court of India has issued notice to Nestle in an SLP to appeal filed by Food Safety and Standards Authority of India (FSSAI) against the orders of Bombay High Court which had green signal to Maggi. Nestle had stopped Maggi’s production production after the controversial ...

CCWG-Accountability: Unpacking the 3rd draft proposal

by CCG NLU Delhi on in Technology, Media & Telecommunications
This past year has seen a lot of discussion on enhancing ICANN accountability, especially in the context of the IANA Transition. The Cross Community Working Group on Accountability (CCWG-Accountability) has been working on various proposals, which were developed to propose reforms to ICANN’s account...

Supreme Court: PIL for inquiry against Karnan J. of Madras HC dismissed as withdrawn [Read Order]

by OneLawStreet on in Litigation, arbitration & dispute resolution
Supreme_Court_of_India Supreme Court of India has refused to entertain a public interest litigation petition seeking constitution of an inquiry committee to inquire into certain allegations against Justice C.S. Karnan, a sitting judge of the Madras High Court. The Petitioner was represented by senio...

Workshop on ‘What are people’s rights in the digital world?’

by SFLC India on in Technology, Media & Telecommunications
by sflc_admin | December 11, 2015 ‘What are people’s rights in the digital world? – Moving towards a digital social contract’ (Bengaluru, 4-5 December, 2015) SFLC.in participated in a 2 day workshop organized by IT for Change in Bengaluru on the theme of the changing nature of human rights in the di...

On the TRAI Consultation Paper on Differential Pricing on Data Services

by SFLC India on in Technology, Media & Telecommunications
by sflc_admin | December 11, 2015 The Telecom regulatory Authority of India has issued a Consultation Paper on Differential Pricing for Data Services on November 9, 2015 and invited public comments to be sent by December 30, 2015. The paper discusses issues related to differential tariff plans of th...

Renaming Bombay, Madras and Calcutta High Courts under consideration: Union Law Minister

by OneLawStreet on in Litigation, arbitration & dispute resolution
Letters Patent to establish Bombay High Court Letters Patent of 1865 to establish Bombay High Court The original names of Bombay, Calcutta High Courts may soon be a part of the history. Answering to a question asked in the Lok Sabha, Union Minister of Law and Justice DV Sadananda Gowda in a written ...

Bombay High Court acquits Salman Khan of all charges in hit and run case. [Read Order]

by OneLawStreet on in Litigation, arbitration & dispute resolution
Salman Khan Salman Khan Bombay High Court has acquitted Salman Khan of all the charges in the 2002-hit and run case. Hearing the appeal, Justice AR Joshi who dictated the order in an open court, observed that the “prosecution failed to establish the charges (against Khan) on all counts”. Earlier the...

Supreme Court Upholds Haryana Panchayati Raj Act

by Gautam Bhatia on in Constitutional Law
This morning, the Supreme Court upheld the Haryana Panchayati Raj Act amendments, which imposed educational, debt and property-based restrictions upon the right to contest Panchayat elections. On this blog, we have argued in detail that the Act was unconstitutional, and ought to have struck down (al...

Info-graphic on Internet censorship in India (2012 – 2015)

by SFLC India on in Technology, Media & Telecommunications

by sflc_admin | December 10, 2015

A record of instances of Internet censorship in India between 2012 and 2015 is depicted in the info-graphic below; details of these can be accessed here.

First published here.

Original author: sflc_admin

The Indian Judiciary and Plagiarism

by Gautam Bhatia on in Constitutional Law
On December 1, the Spicy IP blog reported that a Division Bench of the Delhi High Court had plagiarised thirty-three paragraphs of its judgement in Roche v Cipla from a law review article written by Shwetasree Majumder and Eashan Ghosh in the Queen Mary Journal of Intellectual Property. In an order ...

WSIS+10 Review Process Update: Dissecting the Draft Outcome Document

by CCG NLU Delhi on in Technology, Media & Telecommunications
The co-facilitators recently conducted a briefing at the United Nations Headquarters in New York where they gave an update on the negotiations and discussed the Draft Outcome Document of the General Assembly Overall Review of the Implementation of the WSIS Outcomes released on 7th December 2015. Thi...

SC upholds Haryana law for minimum educational qualification for contesting Panchayat elections

by OneLawStreet on in Litigation, arbitration & dispute resolution
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 671 OF 2015Rajbala & Others … PetitionersVersusState of Haryana & Others … Respondents J U D G M E N TChelameswar, J.1. The challenge is to the constitutionality of the Haryana PanchayatiRaj (Amendment) Act...

Delhi High Court says prima facie case against Gandhis in National Herald case

by OneLawStreet on in Litigation, arbitration & dispute resolution
Delhi High Court Delhi High Court has observed that there is prima facie case against Sonia and Rahul Gandhi in the National Herald case. In a judgment pronounced by Justice Sunil Gaur, court has observed: this Court finds that the ingredients of the offences alleged are not lacking and sufficient g...

Supreme Court appalled by plight of acid attack victims, enhances compensation to ₹10 lakh

by OneLawStreet on in Litigation, arbitration & dispute resolution
Supreme_Court_of_India Supreme Court of India has expressed its grave concern over states’ failure to check the reach of acids to the wrong hands and their failure to implement the guidelines issued by the court in Laxmi v. Union of India. While delivering a judgment in an acid attack case, Court ha...
The Chief Information Commission passed an order dt. 08.08.2015 in Rama Aggarwal v. Delhi State Legal Services Authority holding that notwithstanding that the Right to Information Act, 2005 overrode the provisions of the Arbitration and Conciliation Act, 1996, conciliation proceedings were confident...
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...

CLAT and the Law of Cognitive Inertia

by JayP on in Career in Law
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 ...

Connecting Legal field to the fourth estate.

by Nikhil Nair on in Career in Law
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 ??

by Nitin Gaurav Srivastava on in Career in Law
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.

At the outskirts of the Metropolitan court, life is not so fair and lovely

by amrut patil on in Advocates, the bar & litigation
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...

Unlike Katju, I think “lady lawyers” must be banned from the courts

by Kian Ganz on in Advocates, the bar & litigation
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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What you can repair is what you own

by Abhay on in Technology, Media & Telecommunications
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...

[RTI] 23030 websites/URLs currently blocked in India

by SFLC India on in Technology, Media & Telecommunications
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...

Digital Security Training in Kochi

by SFLC India on in Technology, Media & Telecommunications
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...

Summary Report: Digital Citizen Summit, 2017 (September 21-22, 2017; New Delhi)

by SFLC India on in Technology, Media & Telecommunications
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

by SFLC India on in Technology, Media & Telecommunications

Notable technology and rights related litigations

SFLC
SFLC
Software Freedom Law Centre

Defender of your digital Freedom
Defender of your digital Freedom

You have the freedom to choose your color. Pick one:

First published here.

Author: sflc_admin

Workshop on Secure Communication

by SFLC India on in Technology, Media & Telecommunications
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...

[RTI] Darjeeling Internet Ban: 3 months and counting

by SFLC India on in Technology, Media & Telecommunications
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...

CCG on the Privacy Judgment

by CCG NLU Delhi on in Technology, Media & Telecommunications
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...

An update on Sabu Mathew George vs. Union of India

by CCG NLU Delhi on in Technology, Media & Telecommunications
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...

Summary Report: Celebrating the Right to be Let Alone [Sep 02, 2017; New Delhi]

by SFLC India on in Technology, Media & Telecommunications
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...

It’s a Yes – for Banks!

by Cyril Amarchand Mangaldas on in Corporate law
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...