Articles
Importance Of Case Management And Practice Directions Before Commercial Courts
Case Management is a judicial process which provides effective, efficient and purposeful judicial management of a case so as to achieve a timely and qualitative resolution of a dispute. It assists in the early identification of disputed issues of fact and law, the establishment of a procedural calendar for the life of the case and the exploration of a possibility of resolution of the dispute through methods other than the Court trial. Practice directions are issued by the Court to...
Nothing "Bindass" About Hate
Countless renditions of Spiderman have meant that even those who have not read the comic / watched the movie know that "with great power comes great responsibility". This piece is about the existence of great powers and the complete abdication of responsibility that has been on show thus far in a very specific context: The regulation of hate speech and objectionable content over television broadcasts in India. I will essentially argue that the existing statutory framework confers...
The Conundrum Of Preferential Treatment Within Scheduled Castes
On 27 August 2020, in the case of State of Punjab v. Davinder Singh, a Constitution bench of five judges of the Supreme Court of India referred the question of preferential treatment by the States, among Scheduled Castes (SC) of few castes within Scheduled Caste for the purposes of reservation, to a larger bench of seven or more judges for deciding the constitutionality of the issue. The bench unanimously was of this view that giving preference to most backward castes among SCs is a...
Does SBP & Co. v. Patel Engineering Overrule Kvaerner Cementation India Ltd. v. Bajranglal Agarwal? : A Contrarian Perspective
The recent judgment of the High Court of Delhi in Bina Modi & Ors. v. Lalit Modi & Ors. [2020 (2) Arb. LR 446 (Del)] ('Bina Modi') has led to much debate and discussion centered around its unequivocal finding that an anti-arbitration injunction suit is not maintainable in light of Section 5 read with Section 16 of the Arbitration and Conciliation Act, 1996 ('Arbitration Act'). In so arriving at this finding, the High Court of Delhi relied primarily on a judgment delivered by a...
National Council For Transgender Persons: Under-represented Or Underwhelming?
On the 21st August 2020, another milestone was achieved by the Central Government with the constitution and establishment of the National Council for Transgender Persons pursuant to the only legislation governing the law of the land for the transgender persons passed last year- Transgender Persons (Protection of Rights) Act 2019. However, with the constitution of this Council, protests have ensued across the country amongst the transgender community who were anyway grappling with the Act that...
Why Victim Cannot Seek Enhancement Of Sentence U/s.372 Of The CrPC?
Since 2009, the victim has officially entered in the textbook of Criminal Law. For the first time, a victim is defined u/s.2(wa) of the CrPC as a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression 'victim' includes his or her guardian or legal heir. Despite introduction of a victim in the CrPC and his/her rights to prefer an appeal u/s.372 Proviso, these rights are not comprehensive or...
Quiet Crusaders: How The Court Masters Of The Delhi HC Made Virtual Hearings A Success
As the COVID19 pandemic dawned upon us, various institutions decided to either alter their functioning or halt completely. As the wheels of justice must carry on, the Delhi High Court decided to adopt a new model of conducting proceedings in order to address the rising number of cases during the nationwide lockdown: video conferencing. A plan was created by the Information Technology Committee of the High Court laying down the procedure to conduct virtual hearings, and the same was ...
When A Prime Minister Was Put On Trial : Excerpt From Prashant Bhushan's Book 'The Case That Shook India'
The judge arrived two minutes before 10 a.m. Everybody in the courtroom rose when the judge came in. After taking his seat, he announced that the court conventions dictate that no one should rise when a witness comes in. This however did not prevent some people from rising when Mrs Gandhi came in. Mrs Gandhi took a seat which was specially provided for her. The normal practice is that a witness stands in the witness box. The deviation from convention was made by Justice Sinha after ...
Limited Accessibility For IIT-JEE & NEET Aspirants
In Indian households, the majority of children live up with a dream of becoming an engineer or a doctor. Every year, lakhs of students appear for entrance exams to achieve the same. The competition in these entrance examinations is soaring. They are known to be one of the toughest exams in the world and most importantly these exams are pathways to certain prestigious universities in India who have provided the best CEOs and doctors like Sundar Pichai and Dr. Panangipalli Venugopal Padma...
Sushant Singh-Rhea Chakraborty Case : Did Single Bench Exceed Its Limited Jurisdiction U/s 406 CrPC By Ordering CBI Investigation?
"The single judge, in this case, after finding that he has no jurisdiction to transfer investigation under Section 406 from the Court in Patna to the Court in Mumbai, proceeded to hear and decide as to who should conduct the investigation".