I was recently in Delhi for a negotiation. A hopeless exercise that corporate lawyers indulge in to fight over meaningless commas and paragraphs. The word negotiation is useful only when casually told to impress muggles. Anand was a dear friend from law school. Anand was a junior with senior advocat...
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By- Abhinav Thakur Positivism is something which is morality neutral and based on empiricism (experiment and observation). It was the reaction to the vagueness of Natural law. So Austin was the important theorist from positivist law. He was the founder monist sovereignty who believes in the rule of ...
Compulsory attendance seems to be the ‘must have’ for colleges. It seems that nowadays colleges are concentrating more on keeping the students inside the classroom rather than on imparting quality education. The reason given for this is that if the student is inside the classroom he/she will be forc...
The take of the Supreme Court in the recent case Rangammal v. Kuppuswami and Ors. CIVIL APPEAL NO. 562 OF 2003 that burden of proof lies on the person who first asserts the fact, and not on the one who denies that fact to be true. The responsibility of the defendant to prove a fact to be true would ...
ohk..before readin this..a carefully disclimer..im not good wid english…moreiver my concepts of laww…language..spelling or for that matter anythingg..!! still wondering why I would be writting a blog when am actually good at nuthing…ahh lets jst keep it simple..to kill time or even worse to vent out...
I was blogging on Legally India…I was engrossed in artistically decorating the words and letters of the English alphabet with the beads of life and liveliness…Sparks of bright ideas were incessantly emanating from my mind; no sooner did they take birth then, they were getting transmitted into the el...
Recent judgment delivered by Justice T.S. Thakur, on behalf of himself and Justice V.S. Sirpukar of Supreme Court in ** Ruchi Majoo v. Sanjeev Majoo CRIMINAL APPEAL NO. 1184 OF 2011 **stated that the jurisdiction of a court is not barred in cases involving child custody and removal of the by a paren...
A legislature has the benign anxiety to protect the society from the onslaught of criminals and thereby they command strict penal laws and empower police to detain a person even on first information of offence, (section 154, 157 read with section 41 of CrPC 1973) and even provide to refuse bail in a...
National Law Universities/Schools, what is there status in terms of recognition by UGC. Whether they are Central Universities, States Universities, Deemed Universities, Private Universities, Autonomous institutions or Institutions of National importance. National Law Universities/Schools are..[ Read...
The Right to information Act, 2005 (“the Act”), which came fully into effect on 12 October, 2005,is one of the most significant legislation enacted by the Parliament of India. The Act enables the establishment of an unprecedented regime of right to information for the citizens of the country. It ove...
Hi All, As this is my first time, so correct me if iam wrong. I would like to discuss about human rights and its effectiveness in providing remedy to the grievances of common people. to begin with this is the discussion tagline, anyone interested and willing to comment can join in.. welcome :)
I have my 4th semester examinations hurtling towards me at a supersonic speed. I find them hatching a bloody conspiracy against me, reminding me with every mile they traverse, the exorbitant power they possess, by which they can reduce the whole of my talent baggage to rubble, and can portray me as ...
By - Abhinav Thakur The rationale of what the American term product liability is to allocate within the chain of distribution any loss caused by using a defective product, presumably with the following inter-related objectives; a) To achieve the optimum balance between the interests of the person in...
I decided to get a real taste of courts this time and therefore decided to intern in a litigation firm. The National Law Universities after all were established with the aim of increasing the level of the ‘BAR’.I get off at Central Secretariat Metro Station in a crisp white shirt and carrying my bla...
The word robot as defined by the Webster dictionary means a replica of human beings the only difference being that they are more intellectual objects. Comparing this fact with a human being it is very similar it exercises all physical movements and is supervised by a higher authority because it lack...
Hello guys !!! Hope you enjoyed reading my last post ( Legal factories knows as “Law Firms”) about how law firms can be compared to modern factories and how the senior partners and lawyers within the firm are no more than mere factory workers. In fact I have the highest respect for those people who ...
Recent developments in the Indian Legal system pertaining to the issues relating to “Rarest of rare crimes” have shown the credibility and activeness of the Indian Judiciary. Two judgments, one relating to the issue of “Honour Killings” and another relating to the issue of “Fake Encounters” Both of ...
My rendezvous with Law is barely 2 years old. And Man! I already feel the heat! I already feel what people feel for lawyers. I have been transformed from a mere Pre-University student to a ‘lawyer’. So do my non-law friends sarcastically address me as. And as though I am the most established senior ...
If this is what an ordinary Law School has taught an ordinary Law student in the course of an ordinary year, there is nothing more ordinary about it! (As I was flipping through my first year diary, I ran into this peculiar entry, and I feel it serves good if it is posted here. Read on!) The Paradoxi...
Does God believe in Human Rights? Or shall I say, are we making our God to believe in Human Rights? We have been guaranteed the Freedom of Religion and Conscience under Articles 25 to 28 of the Constitution of India. But, does this freedom imply making “our Gods” fanatic about their “counterparts”? ...
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...