Immunity Of State Officials From Foreign Criminal Jurisdiction

"Immunity of State Officials from Foreign Criminal Jurisdiction" protects state officials who commit a forbidden act in another state. This immunity ensures that they are not prosecuted in a foreign Court of Law. This concept can be defined in two ways: First, the immunity of officials in the court of the state in which crime was committed and the second, the immunity of officials in International courts e.g. International Court of Justice, International Tribunals. For example, an ...

The Constitutional Importance Of Election Of The Lok Sabaha Deputy Speaker (Part-I)

"…although the speaker is elected originally to Parliament as party politician, on being chosen Speaker he drops all party connections and activities. He relinquishes for life all offices in his party; he does not attend any meetings…or conferences."-Griffith and Ryle, Parliament (1989), pp. 145-146The aforementioned phrase is equally applicable to the office of the Deputy Speaker. According to Article 95 (1), it is the Deputy Speaker who performs the duties of the Speaker when the office...

The Doctrine Of 'Manifest Arbitrariness' Applies To Invalidate Tax Statutes

On 6th April last month, a three−Judge Bench of the Supreme Court, presided over by R.F. Nariman, J., rendered its decision in DCIT v. M/s. Pepsi Foods Ltd. The issue before the Supreme Court was with respect to the constitutional validity of the third proviso to Section 254 (2A) of the Income Tax Act, 1961. The third proviso to Section 254 (2A) of the Income Tax Act was inserted by the Finance Act, 2008, and pursuant to its insertion in the statute book, its constitutional validity was...

Inter-State Restrictions On COVID Patients' Access To Medical Care : Breach Of Constitutional Mandate

To curb the spreading of COVID disease from other States in this second wave of ravaging COVID-19 pandemic, the Government of Telangana had issued Guidelines on 11th May 2021, wherein, the COVID patients from other States, who want to get hospitalized and take treatment in hospitals in Telangana, were allowed to cross the State's border only if they were authorised by the State's control room. To get the travel authorisation, the patients from other States shall have a prior tie up with a...

Nirav Modi's Extradition: India's Chequered Endeavour

India's record of prosecuting fugitive offenders who have taken asylum in UK is a matter of concern. The consistent failure of India in extraditing offenders begets serious questions on the diplomatic ties and legal framework. The case of Nirav Deepak Modi, a diamond merchant, accused of defrauding Punjab National Bank (hereinafter PNB) gained spotlight for it was the biggest bank fraud in the history of independent India. He has since evaded legal action by leaving the country. India has...

Pending Exams At Delhi University's Faculty Of Law

The COVID-19 pandemic has dramatically altered the conventional pre-pandemic higher education system. While some universities have taken recourse to alternative modes of evaluation, the Faculty of Law, University of Delhi has not been as active. Law schools, including NLUs, are conducting the evaluation of the final year students via various alternative schemes. But some 2000 law students currently enrolled in the final year of DU's 3-year law degree are yet to be evaluated for semester...

Section 97 CrPC: An Alternative Remedy Prior To Habeas Corpus

The Writ of Habeas Corpus ensuring liberty of a citizens not just valid in a courtroom. It must be upheld outside as well. This discussion came to light in the Supreme Court on 20.05.2021 before the bench of Justices Maheshwari and Aniruddha Bose, when the Court directed a husband to approach the authorities under Section 97 of the Code of Criminal Procedure 1973 (CrPC) and withdraw his Writ Petition (Habeas Corpus) under Article 32.The husband had filed a Writ of Habeas Corpus directly...

National Policy For Rare Diseases : Implications & Shortfalls

The concept of 'rare disease' can be termed as a phenomenon to which medical professionals are well acquainted with, but not the remaining majority of populace. Except for those who are visited with this catastrophe and the people who are working towards this cause, by and large it is still an unknown concept. As a matter of fact, there is no universally recognized or a common definition for rare diseases. At the same point of time, different nations have come forward with their own...

Amalgamation Will Not Necessarily Result In Vesting Of Licenses And Rights With The Transferee Company

By the process of amalgamation multiple business entities combine and consolidate into one entity. A Transferor Company is the company which is amalgamated into another company and a Transferee Company on the other hand is the company into which the Transferor Company is amalgamated. There are various rationales that Companies have for amalgamating with each other viz. for administrative or operational efficiency, reduction in overheads and expenses, economies of large-scale operation...

Important Supreme Court Judgments On Arbitration Passed Recently

The Supreme Court of India has pronounced numerous judgments in the matters related to the Arbitration and Conciliation Act, 1996, from January, 2021 to May, 2021. In this write-up, the important pronouncements are briefly discussed. CHINTELS INDIA LTD. V. BHAYANA BUILDERS PVT. LTD., CIVIL APPEAL NO. 4028 OF 2020. AN APPEAL UNDER SECTION 37(1) (C) OF THE ARBITRATION ACT, 1996 WOULD BE MAINTAINABLE AGAINST AN ORDER REFUSING TO CONDONE DELAY IN FILING AN APPLICATION UNDER SECTION 34...

Selective Hiring Of 'Dom' Caste Amid Pandemic In West Bengal: The Casteist Attack On The Constitution

The Department of Health and Family Welfare, Government of West Bengal has been issuing a series of Orders regarding the selective hiring of 'Dom' caste for disposing COVID-19 positive dead bodies. The nature of these Orders is prima facie casteist, and by resembling the caste (jati) system, diminishes the values of the Indian Constitution. The Orders which range from 26th December 2019 to as recently as 7th May 2021, inter alia, direct the specific engagement of individuals...

The Government Of National Capital Territory Of Delhi (Amendment) Act 2021

On 27th April 2021, after receiving assent of the President, the Government of India enacted the Government of National Capital Territory of Delhi (Amendment) Act 2021 ("Amendment Act"). It was first introduced in the Lok Sabha on 15th March 2021 and was passed by the Lok Sabha and the Rajya Sabha on 22nd March 2021 and 24th March 2021 respectively. The Amendment Act aims to resolve the conflict between the two heads of Delhi i.e., the Chief Minister and the Lieutenant Governor, by...