My honourable colleague Mr. Dushyant Arora wants feedback on the ways to conduct the Bar Exam. Here is mine: 1.) Law students who come on bicycles and scooters will only be tested. Students who come in cars have the option of not taking the exam. It can safely be assumed that the students have enoug...
Blogs
[The following newsletter found its way into my Spam folder. I thought it was worth sharing.] Barelylegalindia.com/Issue 1 Dear Readers, This has been an eventful week in the industry. Lots to tell. So let’s dive straight into it. News Waves were made at the high-level meeting of the Secret Society ...
Much has been said about the to be held bar exams. Analysis of the news however has more or less focussed on the adverse impact of the developments on students passing out this year, and not on solutions. Through the means of this blog, I request professionals and seniors in the industry to guide st...
The argument. Decisions of the CJI or his delegate, under section 11 of the Arbitration and Conciliation Act, 1996 (A & C Act) have no binding value whatsoever on any court on any forum except the forums / arbitral tribunal/ parties involved in the arbitral proceeding in which such findings und...
The Companies Act, 1956, though it requires some reforms as mooted through Companies Bill, 2009, is one of the finest legislations. Each provision or the section under the Companies Act, 1956 has a sound logic though there exist very few sections which are to be deleted or modified suitably. The sha...
A few days ago, the Prime Minister of India delivered a candid speech on legal education in India. There wasn’t much about it in the news. I’m guessing it was because he didn’t really nice things about the state of affairs in law schools across the country. I must say the speech was surprisingly can...
An unfortunate Incident:- Yesterday, my friend narrated a real life story which left me dumbstruck. The said incident happened a few days a go. A 23 year old girl who was studying in one of the premier fashion institutes decided to shift her place of residence. She was in her final year and was expe...
The courtrooms, deserted generally during the summer break, give a great chance to walk around courts in Mumbai, some of which have great architecture. But a couple of courtrooms function for urgent matters and entering the courtroom gurantees toes being stepped upon. There is urgency for matters to...
Law Schools can be stifling, stultifying and discouraging at times. People look down upon the ‘other’; sometimes very disparagingly. A mooter thinks mooting is ‘the’ thing. The cool guy thinks that ‘mooting’ is for nerds etc etc. I believe we should respect choices. Here is a simple piece on that be...
I was shattered after reading this news article couple of day’s back, in some village in Ranchi, three men chopped parents of 14 year old kid in front of her eyes on the charges of practicing witchcraft. The same news instigated me to dug up and read more on the subject. I came across some more horr...
I am not a story teller. The art of story writing is a highly complicated one and is best left to accomplished masters of the craft, Rasipuram Krishnaswami Narayan, Guy De Maupassant and the likes.
Reservation(in the Indian context;I am not talking about Mr. Lalu Prasad Yadav's tatkal quota here)will remain a contentious issue as long as democracy survives(the founding fathers of our constitution surely hadn't anticipated this)i.e in a country like ours, forever(unless one is overtly pessimistic). The Bar Council of India (BCI) has agreed to postpone the planned bar exam to December, we are informed. Kian has insinuated here that another possible angle in introduction of the proposed Bar Admission examination may perhaps be to meet the ‘reciprocity’ criterion in the municipal law (e.g.: “You ...
CPC, Chow Chow and Wow! The Civil Procedure Code talks about What Justice should look like, What the pleading should plead, How the pleader should open his mouth. There is a procedure On what pen to use, On the sharpness of the nib, The colour of the ink, And what boxes to tick. Square boxes, twelve...
The short point which arose for consideration (in 9 complaints and one appeal) before the Central Information Commission was whether the Bar Council of India and the State Bar Councils are ‘Public Authorities’ within the meaning of Section 2(h) (b) of the RTI Act, 2005. The Bar Council of India, in ...
Here is the big news: Kian Ganz, the editor of LegallyIndia.com has bought for himself a shiny new bicycle. I asked him why and he didn’t reply. So I had to guess. Here are a few options. All lame options. Please choose the lamest option and post your answer as a comment. I will be grateful. a.) Kia...
Here I am, writing my first post after being on LI since ages, knowing about the blogging competition since ages, being goaded to enter it since ages…all courtesy my friend Legal Poet. The guy is a gem. Anyway, the post is not about him (Sorry LLP :p). I have read more than a few posts. Some good, s...
An arrogant professor, with a sole ambition in life --- TORTURE! Many a Law Student has faced this, and many more shall don the robes of the ‘Sacrificial Lamb’. Here’s to all those Legal Raavan’s who have made an otherwise heavenly Law School Experience hell for the students! PS – The sole inspirati...
Our politicians hailed it as a strong message to Pakistan, the Maharashtra Chief Minister called for an early execution, Special Public Prosecutor Ujwal Nikam gave it the two thumbs up. There were fire crackers in the streets of South Bombay and sweets distrusted in its offices. Hang men are now com...
Tagore firmly believed that independence from the British, in itself, would be meaningless and merely lead to replacing a foreign oppressor with home-grown ones as long as Indians stayed mired in superstition, ritualism, caste ism and such other ims. This belief made him strongly oppose Gandhi’s phi...
Those were the ‘ catastrophic ’ words which were uttered by the naïve Maulana Noor-ul-Huda on the phone just a few minutes before the take off aboard his Emirates flight on Wednesday which promoted the Delhi Police not only to offload him from the aircraft at the IGI Airport but also book him under ...
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...