Articles
Judge-Wise Statistics Of Reportable Judgments Of Supreme Court In March 2022
In March 2022, the Supreme Court delivered 69 Reportable Judgments. Interestingly, in this month, the Supreme Court also reported 2 Judgments, where a split verdict was delivered by the Bench, requiring the matter to be referred to the Chief Justice to be placed before an appropriate bench. One split verdict was delivered by a Bench comprising of Justice Indira Banerjee and Justice J.K Maheshwari on the issue of applicability of Section 155(2) of Cr.P.C. to an offence u/S. 23 of the POCSO...
Right To Life vis-à-vis Right To Smoke And Die
Smoker's interest in self-determination stands at odds with state's obligation to protect the life of each individual and provide them a healthy life. Two important questions are raised: first; do we have right to smoke as integral part of right to life and second; to what extent states are under obligation to protect the life of each individual and ensure them a healthy life and also access to healthcare. Indian government ordered all 1.3 billion people in the country to confine to...
Russian Suspension At The Human Rights Council: Band-Aid On A Bullet Wound?
In witness to the killing of civilians in Bucha (Ukraine), the UN General Assembly on Thursday suspended the membership of the Russian Federation from the Human Rights Council (HRC). This resolution stemmed from a proposal moved by the US calling for the resumption of the emergency special session on Ukraine. Passed by a two-thirds majority of those present & voting, 24 states voted against the suspension while as many as 58 abstained. This three-way split in voting also underscores...
Two Parallel Criminal Proceedings From Same Set Of Facts?
It is trite law that the same set of facts may lead to simultaneous civil and criminal proceedings[1]. However, another question to determine is if the same set of facts may lead to two parallel criminal proceedings? We attempt to unravel this peculiar question through this article as Sections 435 and 436 of the Companies Act, 2013 empowers the Special Court to try offences under the Act of 2013. However, is it that the proceedings under Sections 435 and 436 of the Companies Act, 2013 run...
The Online War Between Ukraine And Russia
Cyber weapons are a low cost but an effective tool for modern day operations. Since the growth of information and communication technologies in the late 1990s-early 2000s, they have been used in several situations. In 2007, Russia used low tech cyber weapons against Estonia for wanting to shift a soldier memorial outskirts of Estonia Since 2014 when Russia annexed Crimea, there have been reports of Russians using cyber-weapons against Ukraine. It has been reported that Russian state...
The Extent Of The Power Of A Magistrate To Grant Bail In A Non-Bailable Offence Triable By A Court Of Session/ Special Court
C O N T E N T S I N N E R T I T L E S Page No: The prefatory facts 1 What is a "non-bailable offence" ? 3 "Non-bailable offence" does not mean that bail cannot be granted at all. 4 Even an SHO can grant bail in respect of "non-bailable" ...
Application Of Section 14 Of Limitation Act In Income Tax Proceedings
Most rights are subject to limitations that are necessary and reasonable in a democratic society for the realization of certain common goods such as social justice, public order and effective government or for the protection of the rights of others. The limitation is either engrained in the statute itself or in case no limitation is prescribed, resort can be had to the Law of Limitation, 1963. The Law of Limitation is a procedural law which is founded on public policy. It is based on the...
Government Contracts, Arbitration And Clause Barring Grant Of Interest
Recent decision of Supreme Court in the case of Union of India vs Manraj Enterprises[1] rendered by Division Bench has held impliedly that the previous decision of co-ordinate Bench in Union of India vs Pradeep Vinod Constructions[2] is not a good law for not considering the three Judge Bench decision in Union of India vs Bright Power Projects (India) (P) Ltd[3] and also for being contrary to what was held subsequently by another three Judge Bench in the case of Jaiprakash Associates Ltd...
Power Of The "N.I.A. Special Court" To Tender Pardon To An Accomplice
CONTENTS Heading I N N E R T I T L E S PARA NO A Introduction 1 B N.I.A Courts are Courts of Session 2 C N.I.A Courts to follow Sessions Procedure 4 D D.1. D.2. Procedure to be followed for tendering pardon in a case triable exclusively by a Court of Session Pre-commitment pardon in a case...
Of Queerness, Inadequate Gestures And Private Members' Bills
"God save us from people who mean well." ― Vikram Seth, A Suitable Boy Introduction On 9th August 1970, the President of India assented to The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill, 1968 to enlarge the appellate jurisdiction of the Supreme Court in criminal matters. This would have been an ordinary occurrence usually, but what made it stand out was that it was tabled by the Urdu poet and a former judge of the Allahabad High Court, Anand Narain Mulla, a...
Post Abolishment Of Intellectual Property Appellate Board; A Re-Look At Section 124 Of The Trade Marks Act, 1999
Recently, the Tribunal Reforms Act, 2021 abolished various Tribunals including India's Intellectual Property Appellate Board (IPAB) and assigned their functions to the country's Commercial Courts and High Courts. Consequently, the Delhi High Court on 24th February, 2022, issued a public notice containing the finalized rules of procedure for its Intellectual Property Rights Division, in exercise of its powers under the Delhi High Court Act, 1966, the Code of Civil Procedure, 1908, and...