Articles
Exception To DRT's Jurisdiction- Is Mardia Chemicals Still Relevant?
Section 34 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) bars a Civil Court from entertaining any suit or proceeding in respect of any matter which a Debts Recovery Tribunal (DRT) or the Appellate Tribunal is empowered by or under the SARFAESI Act. While testing the validity of the SARFAESI Act, the Hon'ble Supreme Court had, in the case of Mardia Chemicals[1], carved out a limited exception to the Section 34 of...
Why Justice Dalveer Bhandari's Vote At ICJ Should Not Be Linked To India's Position On Russia-Ukraine Conflict?
The International Court of Justice (ICJ) at the Hague, Netherlands, on Wednesday directed Russia to immediately halt its military operations in Ukraine in a 13-2 judgement with India's nominee at the ICJ Justice Dalveer Bhandari joining the majority. Justice Bhandari's vote in favour of indication of provisional measures against Russia has been perceived by few to be in conflict with India's official stance at the United Nations (UN) regarding the ongoing Ukraine-Russia conflict. India has...
Hijab Verdict : How Preconceived Notions May Have Trumped Judicial Reasoning
The judgment of the Karnataka High Court upholding the hijab ban in classrooms, after declaring the wearing of the headscarf by Muslim women as not an essential practice of Islam, is being hotly debated. The judgment in the case Resham v State of Karnataka delivered by a bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi shows the absurdities of the deeply problematic "Essential Religious Practice" doctrine, which is now being revisited by a...
The 'Survey'cal Strike (Introspection Into Section 4(1A) The Wakf Act 1995)
Wakf properties across the Country constitute a land bank second only to the Railways. The same are in the nature of permanent dedication for religious and charitable purposes. Statutory provisions contained in the 1954 and 1995 Wakf Acts provided for a survey of all Wakf properties. The Statement of Object & Reasons of an Amending Act [Amendment 27 of 2013] specifically indicated inadequacy of data of Wakf properties. This was only due to the omission in Section 4(1) of the...
The Judicial 'Shifting Sands' In Transnational Parental Abduction
11-year-old Z's[1] interim custody was granted by an Indian Family Court to his father, Perry, a Kenyan national. Z was born in India and lived in Delhi for a large part of his life with his mother, Smriti. The Indian Family Court considered Z's future prospects and being persuaded by the fact that he was the heir apparent to the vast business empire of his father, the Court held that it would be in Z's best interest to live with his father. Smriti was allowed visitation rights and Z's ...
Russia's Aggression Against Ukraine: Explaining International Criminal Court's Jurisdiction
On 24 February 2022, even as the UN Security Council held emergency meetings to try and resolve ongoing tensions between Russia and Ukraine, Russia launched a military invasion into Ukraine. This blatant violation of international law has been rightfully met with widespread condemnation from the international community. It has also been met with hyperbolic claims suggesting that this invasion marks the "death of international law". Amidst all this however, Ukraine has filed claims against Russia...
A Thorough Look Into The Various Facets Of Cheating
Chapter 17 of the Indian Penal Code (IPC) titled as offences against property ( sections 415 to 420) deals with provisions relating to cheating. Section 415 of the I.P.C is the definition of cheating; the general punishment for which is contained in section 417 of the I.P.C. Section 416 of the I.P.C. defines what cheatingIndian Penal Code (IPC) by personation is. Aggravated forms of cheating are punishable under sections 418, 419 and...
The Dilemma Over Interpretation Of Section 102 Of Code Of Criminal Procedure, 1973
It has been often observed that the ambiguous text of provisions causes abuse and misuse of investigation powers by police officers often leading to harsh ramifications for ostensible innocent parties as well as accused persons. One of such provisions is Clause (1) of Section 102, Code of Criminal Procedure, 1973 (hereinafter "CrPC"), wherein police officers are empowered to freeze the bank accounts of a person. However, the issue that surrounds the interpretation of Section 102(1) is the...
Who Are The Mercenaries In A War?
Every information that comes out of Russian invasion of Ukraine is breaking news. After 16,000 foreign fighters/ mercenaries volunteered to defend Ukraine on President Zelensky's call, Russia responded by stating that, if caught the mercenaries will not be treated as prisoners of war but as war criminals, under international law. The U.S. Department of Defense has reported that Russia is apparently recruiting Syrian mercenaries to fight in Ukraine. After all this information, one begs...
Will The Ukraine Civilian Combatants Be Protected Under International Law?
The international law of armed conflict has always distinguished between civilians and the military. Two days after Putin announced his "special military operations", media reports show that several Ukrainian citizens are taking uparms to defend their home. Once the situation escalated and Russians forces were closing in on Kyiv, the Ukrainian Government called out tocivilians to defend Ukraine. It has been reported that 18000 rifles had been distributed to the civilian volunteers by 25...
The Everyday Battles Of Women In Legal Field
Recently, the Supreme Court directed the Madhya Pradesh High Court to reinstate a woman judge, who was constrained to resign after she raised sexual harassment allegations against a then sitting judge of the Madhya Pradesh High Court. Considering the facts and circumstances, the Court was of the opinion that her resignation from the post of Additional District and Sessions Judge cannot be "construed as voluntary".Before the Supreme Court, the petitioner primarily challenged her transfer from...
