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241.
Internet Shutdown Tracker – India (2013-2016)
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(Blog: Technology, Media & Telecommunications)
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... Petition (SLP) challenging the use of this provision for restricting access to internet was filed earlier this year in the Supreme Court. However, the Apex Court dismissed the petition and upheld the power ...
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Created on 18 April 2016
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242.
Two state laws (and one proposed law) with constitutional implications
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(Blog: Constitutional Law)
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... clear over-breadth problem with respect to Article 19(1)(a). It would also be interesting to see whether Section 295AA has a mens rea requirement, since that was precisely the ground on which the Supreme ...
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Created on 17 April 2016
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243.
Courts setting Hindu religious norms is unconstitutional
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(Blog: Constitutional Law)
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... The Supreme Court of India are ruling over religious matter which is not supported by constitution. Restricting anybody’s entry in any temple or places of worship depends upon the customs set by managing ...
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Created on 16 April 2016
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244.
Supreme Court admits PIL for fresh FIR against Mayawati in DA case
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(Blog: Litigation, arbitration & dispute resolution)
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Supreme Court of India has admitted a 2014-public interest litigation (PIL) petition seeking filing of a fresh FIR against ex-UP CM and BSP supremo Mayawati for disproportionate assets in light ...
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Created on 14 April 2016
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245.
Sabrimala: Key Constitutional Issues
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(Blog: Constitutional Law)
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... Sabarimala Temple Entry case are underway before a three-judge bench of the Supreme Court. Based upon the proceedings so far, it is important to consider the following important constitutional questions, ...
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Created on 13 April 2016
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246.
Delhi District Court finds Voyeurism as a violation of the Right to Privacy
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(Blog: Technology, Media & Telecommunications)
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... the conventional understanding of “the right to be left alone”. The Indian Supreme Court has upheld the right to privacy of the person as the right to be left alone, and has read it into Article 21 of ...
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Created on 12 April 2016
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247.
Five-judge bench of SC allows review of NEET judgment; orders fresh hearing [Read Order]
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(Blog: Litigation, arbitration & dispute resolution)
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In an important development, a five-judge bench of the Supreme Court of India has allowed the petitions seeking review of the 2013 judgment of the three-judge bench of the court which had ruled ...
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Created on 11 April 2016
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248.
Ignorant Judges have been destroying young and innocent lives through rape convictions
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(Blog: Constitutional Law)
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Advocate K.V.Dhananjay argues here that a number of judges, including judges of the Supreme Court, have invented or imagined a crime that simply does not exist in the penal statute at all; these judges ...
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Created on 10 April 2016
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249.
Part II: Applicability of the 2015 Arbitration Amendment Act to Arbitration Related Court Proceedings
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(Blog: Analysis)
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... point, looked at the text of Section 26 of the 2015 Act and discussed the general principles regarding retrospectivity. In this post, we look at an important decision of the Supreme Court on a similar ...
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Created on 07 April 2016
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250.
Supreme Court directs Centre and States to formulate plans for disaster management
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(Blog: Litigation, arbitration & dispute resolution)
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The Supreme Court of India has directed the central and state governments to formulate a national plan for disaster management to provide relief and rehabilitation to those affected by calamities. ...
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Created on 07 April 2016
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251.
QUESTIONING PATENTS: GOODS OR SERVICES?
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(Blog: Competition Law)
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... that patents are indeed goods. While citing the US Supreme Court’s decision in the case of Kaiser Aetna v. United States, Justice Vibhu Bakhru stated that, “In the United States, the status of patents ...
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Created on 05 April 2016
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252.
Applicability of the 2015 Arbitration Amendment Act to Arbitration Related Court Proceedings: Part I
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(Blog: Analysis)
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... to arbitral proceedings which commenced before” the 1996 Act came into force. The Supreme Court in Thyssen Stahl Union GMBH v. Steel Authority of India Ltd had held that the phrase “in relation to arbitral ...
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Created on 04 April 2016
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253.
Ambedkar and the Social Boycott
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(Blog: Constitutional Law)
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... Supreme Court to cover the domain of economic transactions more generally, and can be invoked to invalidate restrictive covenanting. We have also discussed how Chief Justice Sinha’s dissenting opinion ...
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Created on 27 March 2016
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254.
Without rules, Sahibs may own your data
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(Blog: Technology, Media & Telecommunications)
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... of all citizens’ right of privacy. About the role of privacy in the future Digital India, the government is plainly ambivalent. Having announced it would seek a definitive Supreme Court ruling in the ongoing ...
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Created on 21 March 2016
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255.
Disclosure Deficit in RTI Laws of SAARC Countries
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(Blog: Human Rights Law)
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... the Act does not make explicit mention of NGOs and other private bodies, any private organization or NGOs, ‘substantially funded by Government’ are brought under the ambit of RTI Act as confirmed a Supreme ...
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Created on 19 March 2016
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256.
How Parliament played the Aadhaar Bill, 2016
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(Blog: Technology, Media & Telecommunications)
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... it and instills in it the purpose of targeted delivery of benefits and subsidies. He said he would refrain from commenting on the issues of privacy, because the matter was still pending in the Supreme ...
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Created on 19 March 2016
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257.
SC modifies its judgment – allows CM, Gov & Ministers on Govt ads along with PM, Prez & CJI
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(Blog: Litigation, arbitration & dispute resolution)
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Modifying its historic judgment last year, while deciding review petitions filed by various state governments, Supreme Court of India has now permitted the publication of photographs of the governors ...
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Created on 18 March 2016
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258.
Supreme Court asks to maintain status quo on Punjab – Haryana SYL canal [Read Order]
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(Blog: Litigation, arbitration & dispute resolution)
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Supreme Court of India has ordered that status quo be maintained on the Sutlej-Yamuna Link (SYL) canal and has appointed the Union home secretary and Punjab chief secretary and director general of police ...
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Created on 17 March 2016
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259.
Free Speech & Violent Extremism: Special Rapporteur on Terrorism Weighs in
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(Blog: Technology, Media & Telecommunications)
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... among other things.[2] This gives us an opporutnity to discuss the standards of free speech restrictions in India. While the Supreme Court has expressly imported the American speech-protective standard ...
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Created on 17 March 2016
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260.
Accreditation of Legal Education in India: Crucial Issues
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(Blog: Human Rights Law)
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... in law courses in the country is at a very low percentage. i.e.,1.84% v
Justice A.S. Anand, a former Chief Justice of the Supreme Court of India, has observed that “after the enactment of Advocates Act, ...
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Created on 17 March 2016