Blogs

M thumb_flavia_agnes_1024 s. Flavia Agnes is a lawyer who has worked in the field of women’s rights for over two decades. She is a co-founder of Majlis Legal Centre, Mumbai, that provides socio-legal support to women and children on issues of matrimonial rights, domestic violence, sexual abuse, etc....

DOT orders blockage of porn websites

by SFLC India on in Technology, Media & Telecommunications
by sflc_admin | August 4, 2015 A leaked order from the Department of Telecommunications (DOT) has revealed that Indian Internet Service Providers (ISP) have been directed to block access to a list of 857 porn websites as they “relate to morality, decency as given in Article 19(2) of the Constitution...

SC dismisses appeal of Chautala father-son duo against 10 years term [READ ORDER]

by OneLawStreet on in Litigation, arbitration & dispute resolution
download-order S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).4658/2015 (Arising out of impugned final judgment and order dated 05/03/2015 in CRLA No. 213/2013 passed by the High Court of Delhi at New Delhi) OM PRAKASH CHAUTALA …Petit...

SC says Katju v Parliament has no prima facie case, seeks help of Nariman & AG [Read Order]

by OneLawStreet on in Litigation, arbitration & dispute resolution
download-order SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 504/2015JUSTICE (RETD.) MARKANDEY KATJU Petitioner(s) VERSUSTHE LOK SABHA & ANR. Respondent(s) (with appln. (s) for exemption from filing O.T. and office report) Date : 03/08/2015 This petition was called...

Supreme Court’s security beefed up under ‘increased threat perception’ in campus

by OneLawStreet on in Litigation, arbitration & dispute resolution
Supreme_Court_of_India On 3 August 2015, President and the members of the Supreme Court Bar Association (SCBA) had a detailed meeting with the Secretary General of the Supreme Court, officials of Registry, Supreme Court security, Intelligence Bureau and Delhi Police to discuss the measures to deal w...
(Back in December, the Rajasthan government had introduced an ordinance imposing educational qualifications as pre-requisites for standing for elected office in local government, days before those elections. The ordinance was challenged before the Supreme Court and the Rajasthan High Court, who fail...
One of the most closely watched cases in the recent times from a commercial law perspective is the case of Cavendish Square Holding BV v Talal El Makdessi pending before the UK Supreme Court. The hearings were complete on 23.07.2015 and the decision of the court is awaited. The issues involved in th...

#3 | Judge, Why You No Hear Me? – Check recent PILs dumped by Courts

by OneLawStreet on in Litigation, arbitration & dispute resolution
martini-glass-623438_640 #1: Madras HC says no to liquor sale ban on Kalam’s funeral, terms it as ‘essential commodity’ for 30% people On 29 July 2015, Madras High Court denied to entertain a PIL petition filed by advocate K Baalu of the Advocates Forum for Social Justice who wanted court to order c...
(Editor’s Note: This is fourth and final in a series of blog posts on the Labour Code on Industrial Relations Bill. Part I, II and II are here , here and here respectively. This post is a continuation of Part III, by Ayani Srivastava and Arpita Sengupta) We comment on matters relating to voluntary r...

RESTITUTION-IS THIS THE WAY?

by Sidharth Arora on in Litigation, arbitration & dispute resolution
RESTITUTION-IS THIS THE WAY? Is it not surprising that a law which was thrust upon us by a foreign power in the name of ‘social reforms’ and found its way in our statute despite criticism in no fewer words from all quarters and has been deleted by the statutes from almost all civilized countries inc...

A basic right is in danger

by CCG NLU Delhi on in Technology, Media & Telecommunications
The post originally appeared in The Hindu on 31st July 2015. While opinions may vary about Aadhar, the government is expected to act in the best interests of the people. Picture shows biometric particulars being collected in Tamil Nadu. Photo: K. Ananthan “While opinions may vary about Aadhar, the g...

Mercy Petition -SC Guidelines - Eye of the storm

by Sidharth Arora on in Constitutional Law
Mercy-No Mercy Sidharth Arora Advocate,Delhi High Court In a civilized country nothing can be more precious than the life and liberty of it’s citizens. Of all the parts of the Constitution nowhere else has been a more vociferous advocacy of the Right to Life and Personal Liberty than in Article 21 o...
The Indian Journal of Law & Technology of the National Law School of India University (NLSIU), Bangalore, in association with the Centre for Internet and Society, Bangalore is now inviting submissions for its special issue on Net neutrality. Given the contemporary relevance of the theme, this s...

PIL before SC for criminalisation of marital rape between the age of 15 and 18 years

by OneLawStreet on in Litigation, arbitration & dispute resolution
Supreme_Court_of_India A non-government organisation – ‘Independent Thought’ has filed a Writ Petition (PIL) before the Supreme Court of India seeking a declaration that the ‘Exception 2′ to Section 375 of the Indian Penal Code, is violative of Articles 14, 15 and 21 of the Constitution of India to ...

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 ...

Read Judgment: Supreme Court dismisses Yakub Memon’s petition seeking stay of death warrant

by OneLawStreet on in Litigation, arbitration & dispute resolution

Read Judgment: Supreme Court dismisses Yakub Memon’s petition seeking stay of death warrant - 1, Law Street

1, Law Street
1, Law Street

1, Law Street © 2015. All Rights Reserved.

First published here.

Original author: Mohit Singh

(In this guest post, Dheeraj K. explores a constitutional controversy around local government elections in Bengaluru) — Recently the Karnataka High Court while dealing with petitions against the inaction of the State government to hold elections to Bengaluru’s urban local body, the Bruhat Bengaluru ...
A Supreme Court bench of Justices Dipak Misra and Prafulla Pant is hearing a set of at least thirty petitions challenging the constitutional validity of criminal defamation (Sections 499 and 500 of IPC and section 199 of CrPC). The summary of hearings from the first six days can be found here . This...
Over the last two weeks, on this blog, we have had an extensive debate about the various aspects of the National Judicial Appointments Case, where the validity of the 99th Amendment and the National Judicial Appointments Commission Act have been challenged. Recall, once again, that the 99th Amendmen...
The article of Mr B. Raman, the head of the Pakistan Desk at the Research and Analysis Wing (RAW), published on rediff.com adds new dimensions to the Yakub Memon case. It has raised questions about adherence to the principle of fair trial and the rule of law by Indian investigating and prosecuting a...
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...