Bail in Non-Bailable Offence Liberty of a person is of great importance and most important Fundamental right guaranteed in the Indian Constitution. Grant or refusal of Bail to an accused is the matter that has to be handled with caution and efficiency. Even the Code of Criminal Procedure, 1973 speak...
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(In a two-part essay, Vishwajith Sadananda responds to the previous essay on this blog, arguing that Article 124A and the National Judicial Appointments Commission are constitutional, and should be upheld.) — There is no doubt that the independence of the judiciary and appointment of judges is very ...
In the last essay , I argued that a plain reading of the Second Judges Case makes it clear that the collegium arose not merely out of the textual reading of Article 124 (“consultation” as “concurrence”), but as a necessary guarantor of the basic feature of judicial independence, via the requirement ...
b2ap3_thumbnail_ols_logo.png On 16 July 2015, the Union Cabinet chaired by the Prime Minister Narendra Modi has given its approval for the second phase of eCourts Mission Mode Project at an estimated cost of Rs. 1670 crore. It envisages enhanced ICT enablement of courts through universal computerisa...
BEFORE THE SUPREME COURT APPOINTED COMMITTEE Mr. Justice R.M. Lodha, Former Chief Justice of India – Chairman Mr. Justice Ashok Bhan, Former Judge, Supreme Court of India –Member Mr. Justice R.V. Raveendran, Former Judge, Supreme Court of India –Member While disposing of Civil Appeal No. 4235 of 201...
(Today, a Constitution Bench of the Supreme Court reserved judgment in the constitutional challenge to the 99th Amendment and the National Judicial Appointments Commission Act , bringing to an end protracted litigation lasting many months [“the NJAC case”]. The 99th Amendment and the NJAC Act seek t...
READ ORDER #1: PIL to bring back Dawood Ibrahim On 8 July 2015, Supreme Court dismissed a petition filed by a Madhya Pradesh resident Kishore Samrite who sought setting up of a special investigating team (SIT) to probe whether the government has made any serious effort to bring fugitive Dawood Ibrah...
(In this guest post, Mansi Binjrajka and Avani Choksi examine a Bombay High Court decision on the “right to water” under Article 21, and its discontents.) — Last year, the Bombay High Court passed an order , which was much applauded for declaring the right to water (RTW) to be implicit in Article 21...
Supreme Supreme Court of India has dismissed a petition which sought setting up of a separate bench of the Supreme Court of India in Chennai for easy accessibility of justice for citizens of southern states. The petition filed by advocate A M Krishna was heard by a bench comprising of Chief Justice ...
A three-member committee headed by former chief justice of India R.M. Lodha which was appointed by the Supreme Court of India to recommend on the quantum of punishment that Gurunath Meiyappan, son-in-law of former Board of Control for Cricket in India (BCCI) president N. Srinivasan, Rajasthan Royals...
The SC Bench hearing the National Judicial Appointments Commission (NJAC) should simply strike it down on technical grounds and not venture into its merits this time. The collegium theory is headache-inducing! The theory that gave rise to the collegium system for appointment of judges to the higher ...
How do we solve disputes which arise within the Sports fraternity in India? The simplest answer is that sportsmen and their federations have the option to move against the other and take them to Court. But this leads to a peculiar situation, ordinary litigation is fraught with delays and huge penden...
The Competition Commission of India ( “CCI” ) has revised the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 ( Combination Regulations ), making them more forward looking, in keeping with some of the best practices in o...
(With the NJAC hearings winding down, we will be covering the issues extensively on this blog. To kick things off, Vasujith Ram responds to Sarangan Rajeshkumar’s essay on the question of the revival of the collegium, should the Supreme Court strike down the 99th Amendment) — In a post published a c...
(Editor’s Note: This is second in a series of blog posts on the Labour Code on Industrial Relations Bill. Part I is here . This post is written by Raktima Roy and Arpita Sengupta) In this post, we comment on matters relating to Standing Orders in Chapter IV of the Labour Code on Industrial Relations...
gallows The Law Commission of India is to hold a one-day consultation on the death penalty on the coming Saturday i.e. 11th July, 2015 at the India Habitat Centre in New Delhi. Inaugurated by Shri Gopal Krishna Gandhi, the consultation will bring together a select group of leading figures in the jud...
As with previous years, IDIA continues its modest success this year as well. Five of our scholars make it to the leading law schools in India! The fourth allotment list of CLAT was just out last week. Although mired in controversy and potentially revisable after a Bombay High Court order , it seems ...
Today, a two-judge bench of the Supreme Court began to hear the constitutional challenge to Sections 499 and 500 of the IPC, which criminalise defamation. This is a hugely significant free speech case, for many reasons. Section 499 has been on the statute books since 1860, and this is the first time...
download-judgment In a progressive judgment, Supreme Court has allowed an unmarried mother to apply for guardianship of her child without sending a mandatory notice to the father who did not have any ties with the child after its birth. Court has also directed that name of the father may not be made...
A ruling, if upheld through appellate judicial scrutiny can change the structure of modern-day technology driven enterprises. On 3 rd June, 2015 the California labour commissioner’s office held that a driver for the ride-hailing service Uber should be classified as an employee, not an independent 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...