Articles
Freedom To Die: A Look At Active Euthanasia's Position In The Indian Legal System
Active euthanasia or voluntary euthanasia, sometimes also known as aggressive euthanasia is the act of voluntarily administering substances by a physician with the patient's consent which is capable of ending the patient's life thereby putting an end to their suffering which has led them to the decision to die in the first place. While passive euthanasia is seen as a much more acceptable form of physician-assisted suicide as it includes the withdrawal of life support to critically ill...
Honouring Ram Jethmalani's Inimitable Legacy: A Friend, Philosopher And Guide Of The Law
As law students and young legal professionals coping with the current landscape of the legal profession amid a pandemic, Ram Jethmalani's legacy and his penchant for finding the silver lining in every adversity must remain a source of constant motivation and drive.
A New Lease Of Life: The Need For Reforms In India's Organ Donation Laws
Organ donation refers to the act of donating one's organs such as the heart, liver, etc. to transplant them into another person who requires them. There are two types of organ donation - Living Donor Organ Donation [Hereinafter, "LDOD"] and Deceased Donor Organ Donation [Hereinafter, "DDOD"]. In the former, a person can donate one of his kidneys or a part of his liver, without affecting his kidney or liver function. The latter is broader in scope and allows the donor to give up multiple...
IBC - The Journey So Far – Part III
EMERGING LEGAL ISSUES CLOGGING RESOLUTION: There are few major emerging issues which could impact resolutions under IBC (especially in large cases), one of which is shrinking market for resolution. A Corporate Debtor attracts proposals if it has inherent value and technology used by it is not changed (which is very unlikely) and it is viable in its market space. Since, there are few takers, the value offered hovers around liquidation value and in many cases substantially below...
Arbitration Court Reckoner : June & July 2021
By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the months of June & July 2021 under the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the 'Act'). While as many judgments as possible are sought to be reviewed, owing to the limited column space, some judgments would invariably be left out. Further, while an attempt is made to include and review some judgments of various other High Courts, the...
No 'Distinguished Jurist' Appointment As Supreme Court Judge Yet
The President of India appointed eight High Court Judges and one Senior Advocate as Judges of the Supreme Court of India. If we survey the appointments since 1950, it can be seen that most of the appointees are from 'High Court judges' category. Senior Advocate PS Narasimha is the ninth lawyer (since 1950) to be appointed as judge directly from the bar. But not even one appointment has been made from 'distinguished jurist' category till date.As per Article 124 of the Constitution of India, a...
CCI VS. DPA: The Impending Conflict
On January 4, 2021, WhatsApp revamped its Termsand Services of Privacy Policy ("Privacy Policy") by virtue of which, users were required to mandatorily accept the terms pertaining to the sharing of their data with Facebook. The update has subsequently been challenged vide a writ petition before the Delhi High Court seeking to restrain WhatsApp from implementing its update. Meanwhile, the Competition Commission of India ("CCI") took suo motu cognizance of the matter and passed an order...
Know About Justice Bela M. Trivedi, First Woman Judge From Gujarat HC Elevated To Supreme Court
"In the name of democracy, we cross all lines, everything is pardoned," Justice Bela M. Trivedi, who will be taking oath as a Judge of the Supreme Court of India on August 31, had sternly remarked in response to the argument of Advocate General Kamal Trivedi who had attempted to compare the COVID situation in India with that of China and as to how being a communist country, China could deal with the situation, while India, being a democratic country, could not.Justice Trivedi, the first...
Know About Justice JK Maheshwari, Newly Appointed Supreme Court Judge
Justice Jitendra Kumar Maheshwari, now elevated as a judge of the Supreme Court, has served as the Chief Justices of the Andhra Pradesh High Court and the Sikkim High Court.Born on June 29, 1961 in the small town of Jaura, District Morena, Madhya Pradesh, Justice JK Maheshwari graduated in Arts (Hons.) in 1982 and passed LL.B. in 1985, then completed LL.M degree from Jiwaji University, Gwalior in 1991. He also pursued his Ph.D. in "Medical Mal-practice in reference to the State of M.P." ...
Notable Judgments Of Justice Hima Kohli, 9th Woman Elevated As Supreme Court Judge
First woman Chief Justice of the Telangana High Court, Justice Hima Kohli, will take oath as a Judge of the Supreme Court of India on August 31, just two days before the date on which she otherwise would have retired as a High Court judge. She is the ninth woman to be elevated to the Supreme Court in its history of seven decades. Justice BV Nagarathna from Karanataka High Court and Justice Bela Trivedi from Gujarat High Court are the other women judges in the present set of new...