Appointment To The Supreme Court: Identifying Trends And Patterns

Earlier today, it was reported that the Law Ministry (Government of India) is currently awaiting the recommendations from the Supreme Court's Collegium to appoint Judges to the Supreme Court. The Hon'ble Supreme Court of India, has a sanctioned strength of 34 Judges (including the Chief Justice of India). However, the Court is currently functioning with 30 Judges, as no appointments have been made since the retirement of Justice Gogoi, Justice Gupta, Justice Bhanumathi and Justice Mishra...

Pride and Prejudice of Certificate Under Section 65B(4), Indian Evidence Act 1872

Exactly twenty years ago on 17.10.2000, amendments were introduced to the Indian Evidence Act, 1872 ('the Act') by way of Section 65A and 65B prescribing the procedure to prove electronic records as secondary evidence. These provisions laid down an unambiguous yet obscure approach as to how an electronic record will be admissible in a court of law. In no time, the task of proving an electronic record or as a matter of fact adducing the electronic record as a primary or secondary evidence...

When Dignity Turns In The Grave- Advocating The Rights Enuring To Corpses In India

Two hours past the stroke of midnight, when the whole nation was asleep, Hathras awoke to death and desecration. A pyre was lit, a cadaver was burnt, but there was no requiescat for the lamented. In a brazen display of subterfuge and unbeknownst to the immured family, the local constabulary surreptitiously proceeded to immolate the body of their daughter. This act of shameless ignominy was the final nail in her proverbial coffin. Although the savage horrors of her assault, mutilation...

Google - Paytm Feud: Is It Time To Regulate Application Stores In India?

Recently, the Paytm application. was taken down from the Android Play Store by Google on the ground that it featured games that were against Google's gambling policy. Google claimed that the cash back feature of the Paytm Game called 'India Cricket League' facilitated unregulated gambling. However, Paytm was restored on the Play Store after it agreed to remove its cashback feature. With this background, this article examines how application stores such as Google's Play Store are...

Shrinking Space For Dissent

The order of the Supreme Court in the Shaheen Bagh protests case is part of a trend where the space for dissent is shrinking rapidly, at great cost to democracy. Background and context The occupation of Shaheen Bagh by women began in December 2019 when violence against Jamia Millia students was unleashed. It continued as a protest against the Citizenship Amendment Act, 2019, a law that discriminates against Muslims. It came to an end in March 2020 due to the COVID- 19 pandemic and...

Insolvency Law In Review – September 2020

The enactment of the Insolvency and Bankruptcy Code 2016 ('the Code') has had significant ramifications on the corporate insolvency landscape. Over time, the Code has witnessed a manifold increase in litigation, and consequent decisions. This has made it difficult for insolvency practitioners to stay updated with developments in the field. The purpose of this column is to fill this gap by providing brief summaries of the latest decisions, from the various fora dealing with Insolvency Law. ...

Bridging The Gap: Supreme Court Judgments And The Public

Background Judgments delivered by the Supreme Court of India (SCI) have a significant social, economic and political impact on the Indian democratic polity. SCI is faced with complex legal issues emanating from an assortment of laws. It is, therefore, only natural to expect that people most affected by these judgments should have the right to know and inform themselves of the basic implications these judgments have on their daily lives. Although there is no disagreement with the...

Who Is A "Police Officer" For The Purpose Of Section 25 Of The Indian Evidence Act, 1872?

A. I N T R O D U C T I O N The question to be considered is whether an officer (other than a "police officer" as commonly understood) acting under a special statute and having powers of investigation, can be treated as a "police officer" for the purpose of Section 25 of the Evidence Act. If he could be treated as a "police officer" for the purpose of Section 25 of the Evidence Act, then any confession made to him cannot be proved as against a person accused of an offence....

Limitation Under IBC – A Tale Of Two Judgments?

"…It was the best of times, it was the worst of times…." (Charles Dickens, a Tale of Two Cities, 1859) The Insolvency & Bankruptcy Code (IBC) was projected and portrayed as a mirage and a revolution in the law governing reorganisation and liquidation. Embodied as a self-sufficient code on the issue, the Act underwent fine-tuning by way of a plethora of amendments to plug loopholes of functionality, practical application as well as procedure. One such integral issue of...

The Cruel Cut- Female Genital Mutilation

I was cut for my future husband. I remember the day clearly. My neighbour's daughter said to me "You must be looking forward to today" and I looked at her crazy because it wasn't my birthday or anything. She then giggled and said "oh you're getting your gudniin done". Gudniin means circumcision in Somali. As she explained to me what exactly was going to happen, I sat there thinking that didn't my mother said to not let anyone touch me? Would she let them touch me? I heard screaming from...

Abuse Of Dominant Position In The Smart TV Market: Antitrust Case Against Google

According to a report from Reuters, a new antitrust case against Google has been filled in Competition Commission of India. In this case it is alleged that google has abused its dominant position in the smart TV market by blocking the companies who want to create or modify android system. However, the case is in its preliminary stage and allegations are yet to be reviewed by the members and chairperson of CCI also no orders of any investigations are given. This is not the first...

Why Is Our Legal System Broken And What Can We Do To Fix It?

Whatever the frailties of our polity, one of its singular distinctions is the regularity with which it enacts meaningless rituals, sacred and profane. We were outraged by the barbaric rape of Nirbhaya in 2012. Judging by the magnitude of the protests that followed, one would have thought such monstrosities will not happen, at least in the near future. Unfortunately, however, once again, we are back to square one. The savage sexual violence against a hapless 19-year-old dalit girl in...