An Overview Of Vicarious Liability Under Section 149 Of IPC

An "Offence" shall mean any act or omission made punishable by any law for the time being in force as defined in Section 3(38) of the General Clauses Act. Section 40 of the Indian Penal Code, inter alia, defines the word "Offence" denoting a thing made punishable by this Code. Article 20(1) of the Indian Constitution by guaranteeing as a fundamental right, mandates that no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the...

Omissions; It's Proof And Significance In Criminal Trial

One of the statutory recognised methods in discrediting a witness is to contradict him with his previous / former statement. This is reflected in Section 155 (3) of the Indian Evidence Act which reads : "The credit of a witness may be impeached in the following ways by the adverse party, or with the consent of the Court, by the party who calls him: (1)…………… (2) ………… (3) by proof of former statements inconsistent with any part of his evidence which is liable to be...

Glow and Lovely: A Case of Woke Washing?

Robert Reich said, "If a certain action improves the corporation's bottom line, there's no point in labelling it "socially responsible". It is just good business." In the beginning of the year 2020, we witnessed a major upheaval in our lives, which could not have been fathomed otherwise. While the pandemic caged millions in their own homes, one tragedy- the murder of George Floyd by a Minneapolis Police Official, brought people to the streets for the cause of justice. The tremors of...

Demystifying The Limitation Period For Challenging The Arbitral Award

On 02.03.2021, the Supreme Court in the case of Dakshin Haryana Bijli Vitran Nigam Ltd. v. M/s. Navigant Technologies Pvt. Ltd. (Civil Appeal No. 791 of 2021), settled the law of limitation on filing a petition under S. 34 of the Arbitration and Conciliation Act, 1996 ("Act"). The court was countenanced with the issue whether the period of limitation for filing the petition under S. 34 would commence from the date on which the draft award was circulated to the parties or the date on which...

"Phishing – The Modern Day Techdemic"

With COVID-19 surmounting, there awaits something more. You may start wondering, what it is? So let me just introduce you to the new 'techdemic' that approaches us. Along with the ceaseless time came advancement which has been appreciated and facilitated all around the world, but as they say where there is a right, there is a wrong too. This global village which is connected with its internet highways enabling our access to anywhere anytime endangers our personal security by being...

Selective Activism And Public Faith In Regulators

On 24 March 2021, the Competition Commission of India passed an order that came as a shock to most Indian Competition Law enthusiasts. In a suo moto case, the Commission passed a 21-page order directing a probe into the recently updated WhatsApp privacy policy alleging it of abuse of dominance (copy of order available here). The Commission, inter alia, has recognised the competitive significance of 'non-price parameters of service like quality, customer service, innovation' etc, has taken...

Book Review – Ambedkar's Preamble

In the past decade, the ideas of Dr. Ambedkar have become the central point of debate in the political and legal corridors. These ideas of Dr. Ambedkar have aged like a fine wine, whether it be for interpretation of the Constitution or to assert a progressive thought. I see Ambedkar on two different notes: first, his struggle to ascertain legal rights in the Mahad Satyagraha. Secondly, his speech on 25 November 1949 in the Constituent Assembly emphasized giving up 'bandhs,' 'dharnas,' and...

Article 21 In Prison

What impels me to write this Article is a recent press report in Dainik Jagran which states that about 20000 bail applications are pending in Patna High Court. The bail applications filed in August -September 2020 have not yet been heard by the High Court, creating a new record of pending bail applications. Out of five working days, the High Court hears the bail applications for four days, but the number of such bail applications is not getting reduced because of fresh bail applications...

An Analysis Of Accessing High Courts During COVID Lockdown: March To August 2020

The pandemic caused by the coronavirus has seen widespread repercussions on the Indian legal system, with litigants and lawyers suffering from an almost shut down of courts across the country. Reeling from the effects of a countrywide lockdown in March 2020, which made physical hearings as well as filings difficult and extremely limited, different High Courts of India have responded to the pandemic problem differently. With this background, this article, which is the first of its...

Lt. Col. Nitisha vs Union of India: The Supreme Court Recognises Indirect Discrimination

In early 2020, the Supreme Court delivered judgment in Secretary, Ministry of Defence vs Babita Puniya, holding that the Indian Army's policy of denying women officers a permanent commission ["PC"] was discriminatory. Following this judgment, the Union Government put into place a procedure for the grant of PCs to eligible women officers. The results of this process – that involved 615 eligible women officers – spurred a second round of litigation before the Supreme Court. In a judgment delivered...

Article 21 In A Time Of Genocide: The Rohingya Case Before The Supreme Court

On Friday the Supreme Court reserved orders in a plea seeking interim directions to restrain the central government from deporting Rohingya refugees detained in Jammu and Kashmir. The application further urged the court to order the release of the detained refugees and to direct the government of J&K and the Union Home Ministry to grant these persons identification cards through the Foreigners Regional Registration Office. This petition for interim relief was filed on the back of a slew of...

Religious Beliefs; Closure Of Meat Shops And Article 19(1)(g) Of The Constitution Of India

The emergence of IT companies and MNCs resulted in the rise in population in Gurugram, Haryana which prompted the establishment of the Municipal Corporation of Gurugram (MCG). The MCG, a Government body formed by the Haryana State Government was established under the provisions of the Haryana Municipal Corporation Act, 1994. The MCG is envisioned to oversee the basic needs of the citizens' welfare and also work towards the development of infrastructure for the betterment of the people. ...