Articles
The Man Behind Women's Entry Into Legal Profession In India - A Tribute
28th April every year, is celebrated as Lawyers Day in Odisha in the memory of its most revered and beloved freedom fighter and leader of the bar, Shri Madhushudhan Das. The great Shri Madhusudhan Das who was fondly called as Madhu babu was born on 28.04.1848. Madhu Babu was a great leader and had many first's to his name. He was the first person in Odisha to hold a graduate degree from L.M.S.College, Bhowanipore, the first person to have the B.L and M.A degrees in Odisha, the first...
Exclusionary Practices: Systemic Hindrances In Obtaining A Certificate Of Legal Practice In India( Part III)
This is the third part of a three-part article that seeks to critically examine the All India Bar Examination, one that law graduates need to necessarily pass to practice law in India. In the second part (which can be found here), the authors brought to light the issues of the centralised All India Bar Examination such as the fee and associated costs along with the unfamiliar methods and processes of the exam in itself. The first part can be found here. In the current third and last...
MSMEs, Insolvency Resolution Processes & The Avoidance Applications
Prior to the amendment inserting Chapter III-A to the Insolvency and Bankruptcy Code, 2016 ('Code'), the corporate insolvency resolution process ('CIRP') for Micro, Small and Medium Enterprises ('MSME') was covered by Chapters II and III of the Code with no regard for the peculiarities in operations and compliances of corporate entities classified as micro, small, medium or otherwise. Prompted perhaps by the global pandemic and the ensuing stresses on corporate balance sheets the nodal...
Protecting Privacy: A Case Against State Interference Through Restitution Of Conjugal Rights
Recent judicial decisions have transformed our understanding of privacy, autonomy, and equality; significantly so post the Supreme Court's Puttaswamy I judgement. In Puttaswamy I, the Court reaffirmed privacy as a fundamental right grounded in the ideas of autonomy and dignity. An important consequence of this understanding of privacy is its impact on questions of individual privacy within the confines of a marriage. For example, in a recent case on the subject of marital rape, the ...
Exclusionary Practices: Systemic Hindrances In Obtaining A Certificate Of Legal Practice In India( Part II)
This is the second part of a three-part article that seeks to critically examine the All India Bar Examination, one that law graduates need to necessarily pass to practice law in India. In the first part (which can be found here), the authors brought to light the issues of exorbitant registration fee and other costs related to the AIBE.In this article, we have tried to map out the complex and inaccessible processes associated with the Bar enrollment such as lack of uniform and outdated...
No Badge Of Cheaters Please
The Supreme Court of India in Justice Sunanda Bhandare vs Union of India in 2014 observed: "In the matters of providing relief to those who are differently abled, the approach and attitude of the executive must be liberal and relief oriented and not obstructive or lethargic."It is quite dismaying to learn that a blind woman in Kerala, https://www.livelaw.in/news-updates/kerala-high-court-public-service-commission-visually-impaired-woman-scribe-to-appear-for-online-exam-196257 just...
Exclusionary Practices: Systemic Hindrances In Obtaining A Certificate Of Legal Practice In India( Part 1)
This is the first part of a three-part article that seeks to critically examine the All India Bar Examination, one that law graduates need to necessarily pass to practice law in India.Whether as a result of intentional gatekeeping or institutional apathy, there are multiple challenges that a law graduate faces in the process of getting certified as a practising advocate. These challenges contribute to creating an exclusionary environment for law graduates trying to enter the legal ecosystem....
Execution Of Orders Passed By The Tribunals Under Company Law
Recently, the Supreme Court observed in a decision rendered by Justice.Ajay Rastogi and Justice.Abhay.S.Oka that as far back as in 1872, the Privy Council found that the difficulties of a litigant in India begin when he has obtained a decree heralding the second round of litigation .A litigant coming to the court is not interested in receiving a paper decree when he succeeds in establishing his case and what he really wants from the court is the relief. Vide order dated 08.04.2022,...
Retirement Age Of Judges- Time Is Right To Take The Right Decision
"…I think 65 years is too early an age for someone to retire…" were the words of the present Chief Justice of India, Justice N.V. Ramana, while responding to query made during online conversation on Comparative Constitutional Law. This response by the CJI has reignited the long-standing demand and debate over the retirement age of judges of the Supreme Court and the High Courts. In past, there have been demands from stakeholders to increase the retirement age. The Attorney General for...
Need For Addressing The Gender Stereotypes Under The Hindu Succession Act, 1956
A recent writ petition filed in the Supreme Court, in the case of Khopkar v. UnionOf India & Ors. , where the petitioner challenged the rules of devolution that applied differently to men and women, has rekindkled the discussion of gender discrimination under the Hindu Succession Act (HSA), 1956. The root of the gender discrimination in case of property laws goes back to the patrilineal family structure which is the basis of HSA. "Patrilineal" means the property and title are held by...
Analysis of The Criminal Procedure (Identification) Bill, 2022
The Criminal Procedure (Identification) Bill, 2022 (hereinafter referred as the Bill) provides for collection of 'measurements' from any convict or a person arrested for an offence. The term 'measurement' used in the Bill has a broad scope insofar as it now includes not only the physical, behavioural attributes of a person but also, the biological samples. Furthermore, the Bill also expands the scope of the person who shall be empowered to take such measurements. One of the most ...