Articles
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...
Blanket Forbearance From Modifying An Arbitral Award – How Far Justiciable?
Non-interference of courts, except to the extent of supervision, is the spinal cord of arbitration legislations across the jurisdictions. However, the difference between interference and supervision is often differentiated by a thin line. One such occasion raising the question of whether an indulgence of the court is supervision or interference arises while answering the question of whether the court while entertaining an application for setting aside an arbitral award has the power to...
Criminal Procedure (Identification) Bill Problematic : Project 39A Report
On March 28, 2022, the Criminal Procedure (Identification) Bill, 2022 ('Bill') was tabled in the Lok Sabha. The Bill seeks to create a framework that allows the collection of certain 'measurements' by police or prison officers. The term 'measurements' has been defined to include a wide range of sensitive personal information like finger, palm and foot impressions, iris and retina scans, biological samples, and behavioural attributes. The Bill allows for the measurements and their records to be...
National Company Law Tribunals; Reeling Under Poor Infrastructure
The National Company Law Tribunals (NCLT) were constituted in 2016 for adjudication of matters arising out of the Companies Act, 2013, and exclusive jurisdiction under the Companies Act was vested with the NCLTs. After the enactment of the Insolvency and Bankruptcy Code, 2016 in December 2016, NCLT has been vested with exclusive jurisdiction to deal with cases arising out of IBC. However, like any other tribunal, NCLTs have also received indifferent treatment from the government and...