Glimpses of Practices within the Organised Sectors in India If you open the papers to read about the cases across India on sexual harassment, you will be shocked, sad, baffled, agitated and will feel helpless at the same time. From street vendor to police departments, to esteemed judges to hospitals...
Blogs
(In this second essay of a two-part series, Shreya Atrey argues that a textual reading of Article 15(1) would imply that inter-sectional claims must fall within its ambit. Article 15(1) stipulates that “the State shall not discriminate against any citizen on grounds only of religion, race, caste, se...
This infographic based on a paper published at Thomas Jefferson school of Law Research by Deven R Desai titled ‘ from Trademark to Brands’ , it shows how brands are different from Trademark, Brands are more dominant which is a Rich symbol feeds Ambitious business strategy, trademark is a simple symb...
I remember a time in law school, back in my first year when a friend told me that I need to let my hair down more often. I was walking back with him from class and this was not the first time we were having that conversation. A particular bunch of solicitous batch-mates including this friend of mine...
(Previously on this blog, we have discussed the meaning of the phrase “on grounds only of…” in Article 15(1) of the Constitution. In a two-part guest post series, Shreya Atrey discusses the possibility of a discrimination jurisprudence that is sensitive to the claims of intersectionality, notwithsta...
The CLAT Committee continues to make blunders as if it is CLAT 1.0. In their desperate efforts to hide the skeletons tumbling out, they end up letting some more out. Shakespeare would have written sequel of comedy of errors had he been alive. The latest in the line is about university/college allotm...
(In this guest post, Akhil Deo argues that the Second Judges Case got it wrong in treating judicial primacy over judicial appointments as a binding constitutional convention, and part of the basic structure.) — The Groundwork The Supreme Court of India (SC) is currently hearing arguments on the cons...
(In this second post in a two-part series, Manasa Sundar Raman examines how, true to Agamben’s thesis, the “exceptional” remedy of making confessions to the police admissible has spilled over into “normal” judicial practice.) — In the previous post, the scope of right against self-incrimination and ...
Through this post I would like to bring to the light certain questions in the CLAT PG exam which have been answered wrongly in the answer key and whose answers have remain the same even after revision of the answer key by the exam committee. The following answers have been marked wrongly in the CLAT...
b2ap3_thumbnail_images_20150607-114605_1.jpg God made Adam and Eve. Not Adam and Steve. Biologically, we humans are classified into genders – male and female. However centuries have passed, we still appear to lack in the foremost and the most common aspect of a lawful and civic society, that is, equ...
(Previously on this blog, we have discussed Giorgio Agamben’s theory of the state of exception, according to which “extraordinary laws” ostensibly meant for “extraordinary times”, characterised by concentration of power in the executive, bypassing of parliamentary oversight, and incremental erosion ...
Dear Sir, This is to draw your kind attention towards the organizational flaws in CLAT 2015. It is matter of grave concern that an examination as prestigious as Common Law Admission Test has also not remain unaffected by the dirt which over a period of time has led to the maligning of image of the v...
Case summary Title of the case Common Cause v. Union of India Citation Writ Petition (Civil) No.13 of 2003 (Passed on 15 th May 2015) Relevant laws The matter involves questions of law related to article 14, 21 & 142 of the Constitution of India. Brief facts The matter pertains to the regulatio...
Once a law student went up to a lawyer and started pouring out his difficulties in understanding a few topics on Intestate Succession in Family Law, one of the branches of Civil Law. The lawyer looked at the boy in his eyes and completely out of the boy’s query, instead, asked him, “What is Law?” Th...
The Framework Model and Constitutional Interpretation , Jack M. Balkin, Posted on May 20, 2015 http://ssrn.com/abstract=2607105 Constitution is perceived as a basic framework that permits and facilitates political development. Its development need not be only through formal amendments, but in consti...
Electoral reform is in the agenda of Hong Kong’s Legislative Assembly and is hotly debated in public sphere. Democratic assertions of Hong Kong have attracted world attention lately by the sustained occupy movement spearheaded by the youth of Hong Kong. It showcased the spirit and aspirations of a m...
(This post is by Vasujith Ram, a student at NUJS Kolkata) — A few days ago the Delhi High Court delivered an oral order in People for Animals v Md. Mohazzim (birds’ case). The case was initiated back in October 2004, when the police seized the birds and animals ‘belonging’ to the respondent and regi...
According to the classical model, constitutional rights are deemed to regulate the relationship between the individual and the State, acting as a check upon State power, and enforceable “vertically” by the individual against the State. They are not supposed to apply to interactions or transactions b...
Author: Arjun Uppal Publisher: D-Fraud Publisher access: web link Published in: March, 2015 Corruption has vast deleterious impact on a society and the economy. The evolution of a strong regulatory mechanism in the form of legislation can possibly be one step towards prevention and combating the evi...
(This is the second of a two-part series by Anindita Pattanayak on same-sex education and the right against discrimination) — In the previous post, we explored some of the arguments against state-aided same sex educational institutions. In this post, we will examine the issue of rights granted to mi...
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...