Jindal Stainless Limited & Anr. Vs. State of Haryana and Ors. *Decided on 11 th November 2016 Facts: Jindal Stainless Limited along with companies like Vedanta, Hindalco, Reliance Industries and others (collectively, “ Appellants ”), in an appeal to the Supreme Court, challenged the decision of...
Constitutional Law
R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 – A remarkable decision by the High Court of England and Wales on notification under Article 50 of the Treaty on European Union and the quintessential executive vs. legislature debate under Constitutional law Scope of th...
The Surrogacy (Regulation) Bill, 2016 was introduced in Lok Sabha on November 21, 2016 and is listed for passage this week. The Bill regulates altruistic surrogacy and prohibits commercial surrogacy. We present a brief overview of the Bill and some issues that may need to be considered: How is surro...
On November 8 th , Mr.Narendra Modi’s Central Government launched a sudden and a historically unprecedented demonetisation of Rs.500/Rs.1000 notes. The preparation until then was said to be fundamentally ‘secretive’ and known to none except the Prime Minister and the Governor of the Reserve Bank. Al...
The Ministry of Human Resource Development released the draft National Education Policy, 2016 in July this year. [1] The Ministry was receiving comments on the draft policy until the end of September 2016. In this context, we provide an overview of the proposed framework in the draft Policy to addre...
Earlier today, the Union Cabinet announced the merger of the Railways Budget with the Union Budget. All proposals under the Railways Budget will now be a part of the Union Budget. However, to ensure detailed scrutiny, the Ministry’s expenditure will be discussed in Parliament. Further, Railways will...
Earlier this month, on the 7 th of September, noted jurist and senior advocate Fali S. Nariman proffered a piece of advice (he called it an unsolicited suggestion) to the Supreme Court: the citadel never falls, except from within. This is an uncalled-for reply, to the unsolicited suggestion. Justice...
The proposed changes to the Maternity Benefit Act does a lot to bring India on par with international standards. However, some of the changes proposed could significantly increase costs for employers. The Maternity Benefit (Amendment) Bill, 2016 (the Amendment ) was recently passed by the Rajya Sabh...
Earlier today, a Bill to raise maternity benefits was introduced and passed in Rajya Sabha. The Bill amends the Maternity Benefit Act, 1961. The Act regulates the employment of women during the period of child birth, and provides maternity benefits. The Act applies to factory, mines, plantations, sh...
The Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Bill, 2016 is listed for discussion in Rajya Sabha today. [i] The Bill aims to expeditiously resolve cases of debt recovery by making amendments to four laws, including the (i) Recovery of Debts ...
Yesterday, the government circulated certain official amendments to the Constitution (122nd Amendment) Bill, 2014 on GST. The Bill is currently pending in Rajya Sabha. The Bill was introduced and passed in Lok Sabha in May 2015. It was then referred to a Select Committee of Rajya Sabha which submitt...
The Bihar Prohibition and Excise Bill, 2016 was introduced and debated in the Bihar Legislative Assembly today. The Bill creates a framework for the levy of excise duty and imposes a prohibition on alcohol in Bihar. In this context, we examine key provisions and some issues related to the Bill. Proh...
A Bill to amend the Lokpal and Lokayuktas Act, 2013 was introduced and passed in Lok Sabha yesterday. The Bill makes amendments in relation to the declaration of assets of public servants, and will apply retrospectively. Declaration of assets under the Lokpal Act, 2013 The Lokpal Act, 2013 provides ...
The Union Cabinet approved the implementation of Seventh Pay Commission recommendations yesterday. The Commission was tasked with reviewing and proposing changes to the pay, pension and efficiency of government employees. These recommendations will apply to 33 lakh central government employees, in a...
- By Mitali Yadav In the case of ABC vs. The State (NCT of Delhi), the Supreme Court (a bench headed by Justice Vikramajit Sen) has held that an unwed mother, in India, can apply to become the sole guardian of a child, without giving notice to the father of the child and without disclosing his ident...
- By Mitali Yadav The High Court of Delhi, by way of judgement delivered on May 24, 2016, in the case of Rohit Tiwari v. State has held that if a grown woman engages in an act of sexual intercourse, whilst giving her consent, on a promise to marry and continues to engage in such an activity for a co...
Previously on this blog, we have extensively discussed sex equality under Articles 14 and 15 of the Constitution. Today, while reading Flavia Agnes’ book, Law and Gender Inequality, my curiosity was piqued by reference to the case of Ambika Prasad Mishra vs State of UP . This is a 1980 judgment of a...
In a recent judgment dealing with the Domestic Violence Act, the Supreme Court, while dealing with the concept of stridhan, observed: “The next issue that arises for consideration is the issue of limitation. In the application preferred by the wife, she was claiming to get back her stridhan. Stridha...
At the heart of the Supreme Court’s upholding of criminal defamation is the argument that the right to freedom of speech under Article 19(1)(a) must be “balanced” against the right to “reputation” under Article 21 (as I pointed out in my post about the judgment, the Court’s examination of the reason...
I am an Advocate, not an Academician. The practical impact of a judgment interests me. Subramanian Swamy v. Union of India , [Writ Petition (Criminal) No. 184 of 2014] (“ Swamy ”), pronounced recently, is a significant weapon in my hand. Explanation 1 to Section 499 of the IPC reads as, “ It may amo...