Can A Non-Member Of A State Legislature Be Elected As A Minister Or Chief Minister?

The resignation of Uttarakhand Chief Minister Tirath Singh Rawat just after few months of his appointment might be politically motivated as per the critics but, the Bhartiya Janata Party and Chief Minister himself explained it as a constitutional crisis. His resignation has not created political turbulence in the state of Uttarakhand only but in West Bengal as well. Why in the State of West Bengal? Because Mamata Banerjee, who recently takes oaths as Chief Minister of West Bengal for 3rd...

Concept Clarification – "Liquidated Damages"

Profit and Loss emanate from the same transaction hence, in a commercial transaction, its ostensible to increase the probabilities of profit and evade the risk of loss. The terms of contract are always drafted with this principle in mind. The concepts of 'Liquidated Damages' and 'Penalty' under the Indian Contract Act, 1872 (as per the precedents set in the judgments) and interplay of Sections 73, 74 and 75 are areas of interest in the domain of contract jurisprudence. "Section 73....

Students As the Constitution's Vanguards

[Full Text Of Dr. Justice Dhananjaya Y Chandrachud's Speech at the event organized to celebrate 101st Birth Anniversary Of his father Justice YV Chandrachud]I am delighted to speak at today's webinar organized by the Shikshan Prasarak Mandali in memory of my father, Late Justice Y V Chandrachud, on his 101st birth anniversary. Shikshan Prasarak Mandali was an institution that was very close to my father's heart, where he devoted the retirement years of his life as Chairman of its Governing...

Inclusion Of Refugees And Asylum Seekers In The Vaccine Policy

India has a far-reaching experience of national immunization. In the past, vaccination drives have been conducted for a prolonged period to eliminate polio across the nation. In the same way, there is a reason to believe that the vaccination drive against the COVID-19 pandemic will also go with ease but somewhere it is faltering. The Vaccine Policy (Policy) now is limited to the citizens, but needs to consider the inclusion of refugees and asylum seekers in the Policy. India is not a...

My Leader- A Tribute

Shri S.G.Sundaraswamy was one of the most eminent lawyers and a former Advocate General of the erstwhile State of Mysore. I had the fortune to be his junior. It is a silver jubilee span of time since his passing. It is appropriate to remember and pay tribute to him. He belongs to the galaxy of the old world that is becoming increasingly rare. He was born at his maternal grandfather's house in Sira, Tumkur District on Monday, September 22, 1924 as the eldest son of Smt Jayalaksmiamma...

Bail Under PMLA 2002: The Post Amendment Scenario

Prevention of Money Laundering Act, 2002 [the Act] is special statute enacted with the avowed object to prevent money-laundering and deal with this serious threat to the Indian financial system. The Act provides special procedure in matters of inquiry, investigation, trial, etc. for offences under the Act. Amongst other departures from the general provisions under the Code of Criminal Procedure, 1973 (the Code), the Act, under Section 45, inter-alia, imposes two additional conditions for...

How The New Model Tenancy Act Paves The Way For Better Rental Habilitation

Union Government has approved the draft Model Tenancy Act on 02.06.2021, which comprises of uniform sets of law pertaining to tenancy which is being framed to boost the property related renting activities such as letting or taking premises on rent in the country, in order to attain it's mission i.e. 'housing for all' by the year 2022. The said Act has introduced various new elements & seek changes in the existing rent control laws in order to protect the interests of both landlords...

Tamil Nadu's Attempt To Circumvent NEET

Lately, the State of Tamil Nadu had been mulling over on the aspects of circumventing the NEET exams to enable admissions in medical institutions. However, such an object of the State is most unlikely to succeed under the Indian constitution which proscribes a State from interfering with any subject in which the Centre has already occupied the field. The State had appointed a retired judge of the Madras High Court to consider the impact of NEET on rural and socially backward students...

Judicial Delays: Will the Supreme Court's 'postscript' In Facebook Judgment Rock The Boat?

Enough has been said and written about the 'reforms' needed to solve the problem of huge pendency of cases that faces our judiciary at all levels. What remains elusive is implementation. The problem of pendency continues, and its enormity is increasing by the day. Even in the absence of the big-ticket reforms and despite all the constraints of manpower and infrastructure, can the system do better? this is a question that both, the members of the bar and the bench ought to ponder over. ...

Comparative Advertisement

It is a common practise by companies to make comparison of their products with respect to similar products of other companies, to ascertain their products are better than others and such advertising is called Comparative Advertising, however when the company crosses line by advertising false, misleading and derogatory claims against the other company, then it will amount to Product Disparagement. Comparative Advertisements are legal and permissible if they adhere to the guidelines by The...

The Expanding Confines Of The UAPA Jurisprudence

Recently the Delhi High Court granted regular bail to Asif Iqbal Tanha, Natasha Narwal and Devangana Kalita in relation to Delhi Violence of February 2020 under the Unlawful Activities Prevention Act (UAPA) after spending over one year in jail without trial. After two days of getting bail from the High Court, all three student leaders were released from the Tihar Jail on the 17th of June. On the same day, Mohammed Ilyas (38) and Mohammed Irfan (33) were acquitted by an NIA court of all ...

Restitution Of Conjugal Rights: Rights Or Restriction?

When Claire Virginia Eby wrote her book "Until choice do us part" in 2014[1], the idea was not revolutionary to many. Progressive theories of marriage are leaving behind the ideas of marriage being sacrosanct and are embracing the argument that spouses should be class equals joined by private affection and not public sanction. Amidst the arguments surrounding equality, choice, and affection in marriage, Indian family law leaves a lot to desire. One such law, far from the progressive...