Articles
Scaling The Diameter Of Censorship Laws In India And The Proposed Amendments To The IT Rules, 2021
Censorship ends up becoming a tool for moral policing that controls other people's lives rather than concerning itself with larger public issues. The term 'censorship' in Indian law has often led to a fire and ice type debate amongst laymen, politicians, thinkers, organizations and various other groups. Censorship is proclaimed to be a tool that is placed to keep a fair check on what comes into the public domain and how this information or data fulfills certain commonly acceptable...
Fear Of Mandatory Mediation – Is It Real?
Recently I came across an article titled "Will mediation curb litigation or be the cause of it?" written by G. Mohanakrishnan, President of the Madras High Court Advocates Association, and Pascal Sahil R, School of Law, Christ University, carried in the Hindu Business Line dated 02-06-2022[1]. It is argued by the authors that the provisions of the proposed Mediation Act, that mandate two mediation sessions before knocking the doors of the courts, would amount to denial of access to...
The Bar And The Bench Still To Imbibe The Jurisprudence Of Tendering Pardon To An Accomplice
I have had the advantage of reading the verdict dated 14-06-2022 rendered by a Division Bench of the High Court of Kerala in Suresh Raj v. National Investigation Agency (Crl.Appeal.No: 213/ 2020). 2. Having held in paragraph 37 of the above verdict that the order impugned therein, being an "interlocutory order" within the meaning of Section 21 (3) of the National Investigation Agency Act, 2008 ("NIA Act" for short), the appeal under Section 21 (1) was not maintainable, there was...
Discuss The Importance Of Examination Of Toolmarks At A Crime Scene
A crime scene, in the context of a criminal investigation as well as forensics, is a physical scene that could provide evidence to the investigator.[1] In simpler words, a crime scene refers to a site where the crime has either been committed or which is closely linked to the commission of a crime.[2] The examination of a crime scene refers to a process where "forensic or scientific techniques are utilized to preserve and gather physical evidence of a crime".[3] The procedure for its...
Understanding The Gait Test And Its Impact On Criminal Trials
Recently, a Mumbai Special Court convicted and sentenced to death Mohan Chauhan who was accused of raping and murdering a woman in Saki Naka in 2021. The Gait analysis report was one of the pieces of evidence utilized in this case to determine guilt. Previously, the Gait analysis has been used in very few cases- for instance, its utilisation by the SIT in the Gauri Lankesh Murder Case. With the increased recognition that the method is acquiring in India, it becomes imperative to...
Monopoly And Underlying Interests – A Response To On Going Mediation Debate
The article "Breaking the Mediation Monopoly– A reply to Senior Advocate Sriram Panchu" by Gopal Sankaranarayanan, carried in these columns on 28-06-2022 made very interesting reading. In mediation, we learn about the concept of "positions" versus "underlying interests". Though Sriram Panchu and K. Kannan appear to have taken seemingly conflicting positions on the aspect of judges monopolising mediation, their underlying interests are clear – that the integrity and credibility of the...
U S Supreme Court: Derecognition Of The Constitutional Right To Abortion Is Feudalistic
Republican States wanting to ban abortions altogether or to impose severe restrictions on abortion were the ones who were pleading for reversal of Roe v Wade, a 7:2 judgement delivered 50 years ago. New laws made by some states banning abortions had been stayed by lower courts based on Roe. The previous Trump regime supporting orthodox Christian views had ensured a packed court for the reversal of Roe. At issue was whether the American women had a Constitutional right to seek abortion...
Breaking The Mediation Monopoly-A Reply to Senior Advocate Sriram Panchu
Mr Sriram Panchu and Mr Kannan need little introduction to the readers of these columns. One is a seasoned lawyer and the other a popular judge, and both of them are drawn together by their common passion for mediation, leading to institutions being established to popularize the practice. However, over the last week, we have seen their disagreement in these columns over recent developments in that arena. I, of course, stand in the shadow of these giants who enrolled as advocates around the...
Canada's And India's Unwritten Constitutional Principles: The Colonial Kinship
India and Canada were both historically British colonies, which later grew up to be mature democracies, and the similarities between the two "long last cousins", have been an area of interest for a long time. Over the last half-century, the Apex courts of the two countries have developed unwritten constitutional principles which are strikingly similar, with principles like 'rule of law', 'federalism', 'and separation of power', 'democracy', et al, being sacrosanct principles in ...
Restraining Payments "On-Demand": Liberal Or Restrictive Approach?
Employers under construction contracts often require contractors to furnish security in the form of guarantees or bonds. Performance bonds are the most commonly used security for this purpose and protect the employer against the contractor's default. While conditional performance bonds trigger contractor's liability only upon proof of breach, payment under 'on-demand' or unconditional performance bonds do not require breach to be established. As a matter of practice, the courts usually do...
By All Means, Let It Rain! Rain Is Welcome On The Entire Mediation Landscape, Not In Select Judicial Enclaves Questionably Acquired-A Response To Sr.Adv.K Kannan's Article
This is a response by Senior Advocate and Mediator Sriram Pancu to an article written by Senior Advocate and Mediator K Kannan which was published in LiveLaw on 22nd June under the headline "What The Dark Clouds Bring – Just Not Storm But Rain!"On 13th June 2022, the news portal The Wire carried my article titled "Thanks to Our Judges, Darkness Now Clouds India's Mediation Playing Field" wherein I spoke about unhealthy practices manifesting themselves in different ways - of judges using...