Necessary To Notify Oxygen Concentrators, Pulse Oximeters As Essential Commodities Under Essential Commodities Act

India has been struggling with COVID-19 for more than a year now. The pandemic is no stranger and has cost us our loved ones and takes people within its grips daily. There is a major resource crunch on already overburdened health infrastructure. This resource gap has given rise to a few anti-social elements trying to turn misery into profits by hoarding, black marketing, and creating an artificial demand for essential lifesaving drugs. However, the legislature is well equipped with a...

The Click-Wrap Conundrum And WhatsApp's New Policy

Why don't we just click 'I agree' on WhatsApp and move on? It's not like we have a choice. WhatsApp has yet again postponed its privacy update giving the users more time to acclimatise to the new privacy policy update. This article, however, is not about data privacy laws or monetisation of data.The fundamental question goes back to the basics of acceptance of contracts and parties' consent. Do user have a choice to keep their data private.Under S. 10 of the Indian Contract Act, 1872, a...

The Jurisdictional Tussle- CCI vs. SEBI

'Amalgamation' also known as 'Merger' is a market term that alludes to the blend of two organizations wherein in any event one organization's existence is lost. With the growth of the Indian Market, the Legislature comprehended the slant and worked their way forward in order to protect the consumers against stonewalling by monopolistic approaches of enterprises. It looked for the protection from small enterprises against a forceful takeover by established strong enterprise and to check the...

[PMLA IMBROGLIO] Can An Accused Face Trial For Money Laundering If The Scheduled Offence Is Struck Down?

Recently, the Madras High Court asked the Enforcement Directorate to continue with their investigation into alleged money laundering even after the petitioner submitted that the Central Bureau of Investigation (CBI) had quashed the original case, based on which ED had initiated their investigation (J.Sekar @ Sekar Reddy vs The Directorate Of Enforcement). This is the legal debate: whether the Prevention of Money Laundering Act (PMLA) has an independent existence or not. In simpler terms,...

Protester's Freedom Of Peaceful Assembly

In recent times, we all have been seeing the vilification of protesters and their right to peacefully assemble. Be it the case of Anti-CAA protesters or Kashmiris or Farmers, the script has been the same. Somehow the violence breaks out during a peaceful procession or protest which gives the authorities a license to baton charge the protesters and fire tear gas. These events are always followed with people questioning the legitimacy of the whole movement and the protesters justify the...

Rohit Mammen Alex – A Personal Tribute

Rohit Mammen Alex – A Personal TributeBy Navneet HrishikesanRohit Mammen Alex who left us on the 11th of May 2021 was a man of many talents. Advocate, supreme court lawyer, former additional advocate general for the State of UP, arbitrator, cancer survivor, author, painter, music aficionado, spiffy dresser, bibliophile, loving father, husband and son. For me though, he was my classmate and friend. Someone who always remembered your birthday, your anniversary and always kept in touch, in ...

"Truth and Tales!"

Note: This Article is a response by Former Chief Justice SA Bobde's then Judicial Clark to an Article Titled "CJI Bobde Led Further Decline Of Supreme Court As A Constitutional Court" written by Manu Sebastian"My Candle Burns At Both Ends; It Will Not Last The Night; But Ah, My Foes, And Oh, My Friends- It Gives A Lovely Light!" Edna St. Vincent...

Corona & The Courts: The Tragedy And The Tributes

The anarchic hand of fate has seized from our midst, most valuable colleagues at the Bar. Silent orders of Providence grant us only the solace of cherished memories. The Allahabad High Court lost a large number of most esteemed members of the Bar to Covid 19 pandemic and related health complications in recent months. Many young lawyers have passed away in this pandemic wave. The void in the lives of grieving families and friends cannot be filled. The blow to the institution is no less...

Big Data Revolution In The Supreme Court

Since March 2020, virtual court hearings have changed the way we think about litigation and courts. What was earlier perceived as unrealistic has now become the only way to access justice in the courts of India. For the Indian judiciary, this decade will mark a transformative and pivotal phase as it moves towards greater technological integration. The Supreme Court in particular, has functioned entirely virtually throughout the COVID-19 pandemic. For the past two years, Supreme Court's...

Soli Sorabjee: A Tribute

The passing of Soli Sorabjee brings down the curtain on an important life at law as indeed an era. His friends and admirers have recalled the remarkable contributions made by him to the development of law, particularly in the area of civil liberty. Many have spoken of his love of jazz, gourmet of good food, poetry, and literature, the art of mimicking, a gracious guide to young talent, master of persuasive speech, steadfast before every court, but one critical dimension has been sadly...

Grief, The Burden Of Being

Driven by a compelling need to unburden an unbearable sense of grief, this piece is also a supplication for divine mercy in these calamitous times. It is about the moral impoverishment of an ancient society and wanton abandonment of empathy, which is the essential condition of our coexistence.A nation ravaged by a surging pandemic and the accompanying hopelessness, despair, destitution, sickness and death is numbed by the scale of human misery. The vastly understated official figures...

Will Maratha Quota Case Verdict Impact 10% EWS Quota Above 50% Ceiling Limit?

The Supreme Court judgment in Maratha Quota cases reiterated the principle of 50% ceiling limit for reservations and rejected the plea to revisit the 9-judge bench judgment in Indira Sawhney case which had laid down this ceiling limit.Soon after the Supreme Court struck down the Maratha quota by saying that there were no exceptional circumstances to exceed the 50% ceiling limit, discussions started in public platforms speculating the impact of this ruling on the validity of the quota for...