First published here on 1, Law Street | Original author: Mohit Singh enricalexie-cover The International Tribunal for the Law of the Sea (ITLOS) by a majority opinion of 15:6 has asked both India and Italy to suspend all court proceedings and refrain from initiating new ones which might aggravate or...
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First published here on 1, Law Street | Original author: Mohit Singh enricalexie-cover ** **The International Tribunal for the Law of the Sea (ITLOS) will deliver its Order in the “Enrica Lexie” Incident (Italy v. India), Provisional Measures case on Monday, 24 August 2015 at 11 a.m. Order will pron...
In a piece called Death and the Sovereign (the reference is unmistakable), Pratap Bhanu Mehta has an important critique of the Rajasthan High Court’s Santhara judgment. He argues that legal categories (such as “suicide” and “attempted suicide”) are insufficient and inaccurate placeholders for unders...
Following India’s splash in the global internet governance scene with the statement made by the Hon’ble IT Minister at ICANN53 , the recently held 4th United States – India Cyber Dialogue is yet another key event in India’s internet governance landscape. India and the United States have committed to...
President James Michel and Prime Minister Narendra Modi (March 2015) The Central Government has approved the signing and ratification of the agreement between India and Republic of Seychelles for exchange of information with respect to taxes. As per the Government, this Agreement will stimulate the ...
land The Land Acquisition amendment ordinances issued by the Central Government have been challenged before the Supreme Court of India by certain farmer organisations through PIL terming the ordinances as “unconstitutional” and ultra vires of the Constitution and as a “colourful exercise of power” b...
by sflc_admin | August 19, 2015 New Version of FreedomBox Offers private, secure, Fault-Tolerant Internet Access At a time when privacy in internet is becoming a concern world over, free software pioneer, futurist and activist Prof Eben Moglen says a convincing answer to privacy issues will be ready...
This week, the Rajasthan High Court held that the Jain practice of santhara – a ritual of “ voluntary and systematic fasting to death ” was illegal, since it amounted to abetment to suicide (criminalised under Section 306 of the Indian Penal Code). There are many issues that arise out of this judgme...
rsz_honorxe9;daumier-a_meeting_of_lawyers-_google_art_project Delhi High Court is hearing a petition filed by advocate KR Chitra against the manner in which the Advocates’ Welfare Fund (Fund) is being operated in the State of NCT of Delhi. Petitioner has asserted before the Court that the fund is be...
SUPREME COURT OF INDIA Writ Petition (Civil) No. 743 of 2014 WILDLIFE RESCUE AND REHABILITATION CENTRE AND OTHERS …Petitioner versus UNION OF INDIA AND OTHERS …Respondents Date: 18 August 2015 Coram: Hon’ble Mr. Justice Dipak Misra Hon’ble Mrs. Justice R. Banumathi Advocates: For Petitioner: Ms. Apa...
Supreme_Court_of_India Supreme Court of India has issued a circular on 18 August 2015, directing the restriction of entry of ‘law trainees and law student’ to the Supreme Court for one month. It is presumed that this circular has been issued in view of the ‘escalated threat perception being faced by...
After two decades of litigation, Air Hostesses, Air Flight Pursers and the Union of India met again, in one final battle before the Courts. After the decision of the Supreme Court in Yeshaswinee Merchant, refusing the merger of cadres, the struggle for equalisation was taken (again) outside the judi...
Supreme A Supreme Court Bar Association (SCBA) circular issued on 17 August 2015, says that SCBA has accepted the proposal of the Chief Justice of India to completely stop the entry of interns/law students and visitors for the purpose of consultation, inside the Supreme Court high security zone (pre...
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI CONSUMER CASE NO. 870 OF 2015 Union of India ………..Complainant versus Nestle India Limited, Nestle House ………..Opposition Party CORAM: Hon’ble Mr. Justice V.K. Jain, Presiding Member Hon’ble Dr. B.C. Gupta, Member COUNSEL For the Complainant : ...
Air India vs Nargesh Mirza was only the first salvo in a legal battle that was to last thirty more years. After losing in the Supreme Court, the air hostesses took their battle to the political arena: in 1989, they petitioned the Lok Sabha against the discrimination in retirement ages and other serv...
Supreme_Court_of_India On 17 August 2015, Supreme Court has issued notice to the Central Government asking if it had set up a three-member ombudsman to keep a watch on misuse of public funds by government and its authorities in issuing public advertisements and the reasons if the same has not been d...
Call for Submissions - National Law School of India Review, Vol. 28(1) The National Law School of India Review (NLSIR) is now accepting submissions for its upcoming issue- Volume 28(1). The most recent issue of the NLSIR, Vol. 27(1), will feature contributions by Dr. Catherine Seville, Reader, Newnh...
By Shrutanjaya Bhardwaj Background The information in this piece had originally been collected for an awareness session hosted by JaagoTeens for college students in DU, for which I had gone with CCG Fellow Aarti Bhavana. While preparing for the same, I had reached out to all my friends and relatives...
by sflc_admin | August 14, 2015 You want to build a business and Software Law for you, seems to be about avoiding danger. Could the law of software really be a subject that could make you save money instead of cost you money? On August 17, from 2.00 pm to 5.00 pm, Professor Eben Moglen of Columbia l...
The CCG team recently wrote a memo on the privacy implications of the WHOIS database, which is available here . Document Summary Background The WHOIS service is a public, unrestricted database on which anyone can find out the real world identity, business location and contact information (including ...
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...