Delhi Govt vs LG : Why The GNCTD Ordinance Which Nullifies Supreme Court Judgment Is Unconstitutional?

The Ordinance is nothing but a colourable legislation which does not square with the Constitution Bench judgment both in its letter and spirit.

Data Protection Standards For Cross Border Data Transfers In India: Suggestive Approaches And Way Forward

Global data flows have substantially risen in recent years, along with trade in digital services across borders. As per the Report published by the World Bank, in 2020, global internet traffic was estimated to be approximately three zettabytes which counts to one GB per day per person. This volume is expected to double fold itself in the coming years. Such a huge amount of data flow is pushing the growth of International trade. Cross-border data flows facilitate trade in goods, enhancing...

Kiren Rijiju : Law Minister Who Crossed The Line Too Far With Rhetoric Against Judiciary

Kiren Rijiju spent nearly two years as union law minister, of which almost six contentious months was spent at loggerheads with the judiciary over a number of issues – ranging from the selection of judges to the problem of pendency. In this time, he has been a tireless advocate for enlarging the role of the executive in judicial appointments, becoming somewhat of a messiah to...

“Delhi High Courts Direction On Reviewing The Government Policy On The Patentability Of Business Method Patents.”

The issue of patentability of business method patents is complex and multifaceted, and it varies between jurisdictions. Recently, the office of the Controller of Patents and Designs refused the application for grant of a business method patent titled ‘System and method to provide gift media’ under Section 15 of the Patents Act, filed by US-based company OpenTV Inc. In response to its...

Justice MR Shah : A PM Modi Admirer, Known For Pro-Executive Stance In Civil Liberty Issues

Justice Shah has on certain occasions shown the propensity to stretch law and logic to reach what appears to be prejudged conclusions, which, incidentally or accidentally, turned out to be in favour of the executive.

Rule Of Repugnancy And Appointment Of Arbitrator Under The Indian Arbitration Regime

Recently, the Delhi High Court, in Sunil Kumar Chandra v Spire Techpark Pvt. Ltd. (“Spire Techpark”), has held that in case where there is an inconsistency between two clauses in an agreement, the latter clause is to be rejected as being repugnant and that the earlier clause prevails. Against the decision of the Delhi High Court, a Special Leave Petition was preferred, and the...

Proposed Regulatory Framework To Curb The Problem Of Delays In CIRP

The Insolvency and Bankruptcy Code, 2016 (“IBC/Code”) came into force on 28th May 2016, with the objective to “consolidate and amend the laws relating to reorganisation and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner for maximisation of value of assets of such persons.” The Code also provides for the establishment of...

The Bias Of An Arbitrator: Is The Remedy Under Section 14 Foreclosed?

Independence and impartiality of the arbitrator are the most important requirement of arbitration proceedings.[1] Fairness in the adjudication and rule against bias form part of the basic notions of justice and morality. Natural justice demands the adjudication of a dispute in an impartial way and the same squarely applies to arbitration proceedings also. Therefore, the importance of...

[Know The Law] Standards Applicable To News Media

Recently, Hon’ble Justice B.V. Nagarathna, speaking at an event on “A free and balanced press: sentinel of democracy”[1] stressed the importance of a free and balanced press. She discussed the growing menace of misinformation and yellow journalism as a threat to democracy. Further, she highlighted the need for “some regulation that binds new age journalism”. The contemporary...

The Judgment Of Obergefell V. Hodges And The Philosophical Foundations Of Same-Sex Marriage

On 26th June, 2015 the American Supreme Court by a razor – thin majority of 5-4 decided the historic case of Obergefell Vs. Hodges, 576 US 644 (2015) and ruled that marriage is a Fundamental right of every individual and that this fundamental right to marry, in its comprehensive sense, is guaranteed to same-sex couples under both the ‘due process clause’ and the ‘equal...

Justice Akil Kureshi Writes : Recent Judgment Of Supreme Court In 'Vikram Bhatia' Sets A Deeply Disturbing Trend

Article 265 of the Constitution of India provides that no tax shall be levied or collected except by authority of law. This short Article in a most emphatic manner prevents the State from collecting tax arbitrarily. At the same time, the Courts recognize a great degree of latitude in the legislation in the field of taxation. In a landmark judgment in the case of R.K. Garg, it was observed...

17 Months Delay In Delivering Judgment : When Supreme Court Ignores Its Own Directions To Pronounce Verdicts Promptly

Notably, SC has issued guidelines before to ensure prompt adjudication by high courts after the conclusion of arguments.