Articles
Maharashtra Political Crisis : Supreme Court's Call For Strengthening Anti-Defection Law Becomes Relevant Again
In the wake of the political crisis unfolding in Maharashtra, certain remarks made by the Supreme Court regarding the emerging trend of poaching of legislators and engineering of rebellion to destabilize elected governments assume relevance.The Court's remarks came in the cases related to Karnataka and Madhya Pradesh, which witnessed scenes of a group of MLAs within the ruling coalition announcing a sudden rebellion, followed by the rebel MLAs remaining incommunicado and confining themselves in...
What The Dark Clouds Bring – Just Not Storm But Rain!
On June 13, Sriram Panchu wrote an article, for The Wire, captioned ' Thanks to Our Judges, Darkness Now Clouds India's Mediation PlayingField', Mr. Sriram is truly a shining star in the mediation firmament that dark clouds cannot still dim his effulgence. He writes with compelling logic and if he alludes to the higher judiciary as casting dark clouds, it cannot be brushed easily. Normally, one would believe that he has cross checked on facts about what he writes and therefore,...
Budhadev Karmaskar V. State Of West Bengal: A Brutum Fulmen?
Interestingly the Apex court releases certain directions for the rehabilitation of sex workers at the same time when Sanjay Leela Bhansali released his movie titled Gangubhai Kathiawadi narrating the story of the Matriarch of Kamathipura based on the book "Mafia Queens of Mumbai". The movie highlights the transition of Ganga to Gangu to Gangubhai, the life of a prostitute who unlike many in her profession had the courage to raise voice for her cause, which is none other than a dignified...
Plea Of Army For Exemption From RTI: An Approach Devoid Of Merits
In the landmark judgment of SP Gupta Vs Union of India (1981), Supreme Court of India held, "the concept of open government is the direct emanation from the right to know, which seems to be implicit in the right of free speech and expression guaranteed under article 19(1) of Constitution." Besides Apex court, many high courts and civil societies also pitched for the right to know for citizens. With these combined efforts, the celebrity Right to Information Act ,2005 came in its present...
Sexual Offences Against Women: Key Interventions
A country in which women are violated in broad daylight, thrown on streets after gory torture and muzzled and suffocated under the garb of sacrifice and societal obligations is nothing short of a failure to its very existence. India, unfortunately, is today at the center stage of the world's attention for this existential crisis that is casting its shadow upon over half its population. A flurry of laws, policies and mechanisms, over 70 years of amendment, re-amendment and judicial...
The Digital Age Elections And Social Media Manipulation
In 2021, out of 4.66 billion active internet users, 4.20 billion utilise social media. In India, Facebook has 270 million members, making it the most popular social networking site1. Close involvement with the electorate is the most crucial strategy for winning an election, and having an internet presence that ensures a larger reach provides you a competitive advantage. Political parties are using data analytics to better assess voter mood, allowing them to target individual voters with...
The Evolving Jurisprudence Of Enforceability Of Interim Arbitral Awards
The 246th report of the Law Commission made certain recommendations to amend section 17 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') with an intent to strengthen this provision which provides for statutory mechanism for the enforcement of the interim measures by arbitral tribunal on the pretext that earlier there was no comprehensive mechanism to enforce the interim measures awarded by the tribunal. These amendments sought to provide the much needed...
Judge-Wise Statistics Of Reportable Judgments Of Supreme Court In May 2022
In May 2022 – a month when the Supreme Court breaks for summer vacations, it delivered 101 Reportable Judgments. Compared to the earlier Reports for this year, this is the highest number of Reportable Judgments delivered in a month, till date. Statistics for May 2022 – Out of the total 101 Reportable Judgments delivered in May 2022, Justice M.R. Shah delivered 26 Reportable Judgments, of which 11 were delivered on the last working day of Court i.e. 20th May 2022. After the...
Why The Anguish Of Amber Heards Of The World Are Never Heard
A panel of experts was waiting in the BBC studio awaiting the verdict in O.J. Simpson's criminal trial. The moderator turned to a Harvard law professor and asked him what the verdict would be. "The jury always does the right thing" said the professor superciliously. The moderator probed what he meant by 'the right thing'. The professor replied confidently, "the jury will find him guilty of murder". Minutes later, the jury assembled to give a "not guilty" verdict. The moderator looked at...
Viability Of Section 74 Of Indian Contract Act In Contemporary Commercial Context
Section 74 of Indian Contract Act, 1872, principally lays down the law governing liquidated damages. Essentially it states that, parties at the time of contracting may stipulate an amount in the agreement itself, which shall become payable on the breach of contract, by the defaulting party in favour of innocent party. In case the amount stipulated in the contract is likely to be a genuine pre-estimate of damages flowing from the breach, it is called 'liquidated damages', otherwise the...
Can A Registered Conveyance Deed Be Cancelled By Mutual Consent?
A typical conveyance and sale document is a complete transfer and an executed contract wherein no balance payment remains to be paid by the parties. A Conveyance Deed once executed by the Vendor, transfers all his right, title and interest in immovable property unto the Purchaser and the document itself records that the Purchaser shall use and hold the same forever and possession is also handed over to the Purchaser. Therefore, Vendor himself does not retain any other rights, unlike in...