Nsa-eagle-white The decision in the famous and controversial Schrems case ( press release ) delivered last month has created confusion with respect to the rules applicable to companies transporting data out of the EU and into the USA. The case arose in light of Edward Snowden’s revelations regarding...
Blogs
November 26 which is celebrated by those related to Indian legal field as ‘Law Day’ has been notified by the Government of India as ‘Constitution Day’. As is known, the Constitution of India was adopted by the Constituent Assembly on November 26, 1949 and was enforced two months later on January 26,...
National Law University, Delhi and the Programme in Comparative Media Law and Policy (PCMLP), University of Oxford are organising the 2015-16 South Asia Round of the Price Media Law Moot Court Competition from 26-29 November 2015 . The Price Media Law Moot Court Competition was started in 2008 at th...
By Madhulika Srikumar Justice Rajiv Sahai Endlaw when hearing a petition in the Delhi High Court on the 23rd of September this year had this to say about ecommerce, “Prima facie, the Union of India/State Governments cannot, on the one hand, for the purpose of tax, treat such sales as retail and on t...
(In this guest post, Rohan Kothari, who represented one of the interveners before the Supreme Court in the recently concluded hearings on the constitutionality of the Haryana Panchayati Raj Act, discusses the tangled history of the jurisprudence on the right to stand for elections) — Oral arguments ...
Supreme In a judgment passed by the Supreme Court on November 17, 2015, it has observed that until and unless a fine balance is maintained between prosecuting a guilty officer and protecting an innocent officer from vexatious, frivolous and mala fide prosecution, it would be very difficult for the p...
Justice TS Thakur Justice TS Thakur The President of India, in exercise of the powers conferred upon him by clause (2) of article 124 of the Constitution of India, has appointed Justice Tirath Singh Thakur, Judge of the Supreme Court as the next Chief Justice of India. Justice Thakur who is the seco...
Supreme_Court_of_India Supreme Court of India has asked the municipal corporations and other authorities to follow the laws related to the care of animals and their control till the Court finally decides on the issue of culling of animals. A bench comprising of Justices Dipak Misra and Shiva Kirti S...
Goa The Supreme Court on November 17 has issued notices to the Goa government and mining lease holders in a case challenging the renewal of 88 mining leases in the state of Goa, including that of Vedanta Ltd (erstwhile Sesa Sterlite). The notices were issued by a bench comprising of justices JS Kheh...
Cow has become a hazardous subject to be handled cautiously, capable of igniting the frenzy of a mob to lynch or deny nationhood by being verbally deported to another nation. The image of this docile animal has been strategically used to polarize people to achieve ulterior purposes. Cow has been his...
web-cam-796227_640 In what is understood be one of its first, the Madras High Court has on November 15, 2015 passed an order in a marriage related case after hearing arguments online over Skype, reported The Hindu . The urgent hearing via video chat then paved way for successful performance of a mar...
(In Part II of this series, Karan Lahiri continues his argument about the interpretation of Article 16 of the Constitution) — In the last post , I introduced the concept of “power coupled with duty”. In this part, I talk about a batch of writ petitions pending before the Supreme Court, emerging from...
(In an upcoming series of guest posts, Karan Lahiri argues that, properly interpreted, Article 16 of the Constitution not only permits, but actually casts an affirmative duty upon the State to ensure the adequate representation of backward classes of citizens in public employment.) — As this blog al...
Previously on this blog, we have discussed in detail the pending constitutional challenge to the Haryana Panchayati Raj Act, which imposes educational, property and debt-based disqualifications upon candidature in local government elections. Part of the argument has focussed upon the link between th...
November 9, 2015 · 8:22 pm Previously on this blog, we have discussed the doctrine of unconstitutional conditions (government may not make the grant of a privilege conditional upon the relinquishment of a fundamental right, even though there is no prior obligation upon it to accord the privilege in ...
Supreme Court Advocate K.V.Dhananjay points to a criminal procedural provision that has horribly gone wrong in India. Section 53-A of the Criminal Procedure Code, 1973 allows the police to use reasonable force to subject a person accused of rape to a medical examination. The scope of such a medical ...
The draft outcome document for the World Summit on Information Society (WSIS) High Level Meeting in December has been released today (it can be accessed here ). This draft is a revision of the Zero Draft based on discussions held in New York last month i.e., the 2nd Preparatory Meeting and the 2nd I...
by sflc_admin | November 6, 2015 Free and open source Android framework attempts to replace Google Play Services Google’s Android operating system may be open source software, but some of the most popular Android apps including YouTube, Google Maps, and the Chrome web browser are not. Neither is Goo...
b2ap3_thumbnail_14900559_10154439085510935_7953634403695726318_n.jpg September 24,2016 - The Moot Proposition for the event “3rd IIT Law School National Moot Court Competition - 2016” is live now on Lawctopus: Download the Moot Proposition and Rules from the below link: http://www.lawctopus.com/3rd-...
Supreme_Court_of_India In an unprecedented move, the Constitution Bench of the Supreme Court of India which had the quashed the Constitution (Ninety-ninth Amendment) Act 2014 and NJAC Act, 2014, has now invited suggestions from all those who desire, to improve the ‘collegium system’ of judicial appo...
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...
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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...