When Gandhi Refused To Apologize And Faced Contempt Proceedings

The statement made by Advocate Prashant Bhushan before the Supreme Court bench which found him guilty of contempt has caught wide attention. The said statement made by him is paraphrased from a statement made by Mahatma Gandhi in the contempt proceedings initiated against him by the Bombay High Court in 1919. This article intends to discuss the said contempt case against Gandhi and the judgment in that case.Mohandas Karamchand Gandhi and Mahadev Haribhai Desai were the editor and publisher of a...

Law Of Contempt Of Court- In A Face-Off With Right To Freedom Of Speech And Expression Which Includes Right Of Fair Criticism

The jurisdiction of Contempt of Court, is one such jurisdiction available to the of courts of law, invocation of which invariably than often demands a debate, specially when it relates to criminal contempt of court. The origin of the law of Contempt of Courts in India traces from the English law. The first Indian statute on the law of contempt, i.e., the Contempt of Courts Act was passed in 1926. It was later replaced by the Contempt of Courts Act, 1952. The 1952 Act was replaced...

The Tofan Singh Reference

The 2013 judgment by Two Justices' in Tofan Singh v. State of Tamil Nadu [(2013) 16 SCC 31 ("Tofan Singh")] had referred two interlinked issues arising under the Narcotic Drugs & Psychotropic Substances Act 1985 ("NDPS") to a bench of three Justices. No matter the importance of the issues — which, interestingly, even prompted a sitting Justice to plea for a speedy consideration of the reference at one point — the Tofan Singh reference lay in cold storage. Till January 2019, that is, which is...

Understanding The Regulatory Regime For Clinical Trials In India

The process of developing a new drug, which has preventive or curative effects on ailments, is known as a 'clinical trial'. However, like all other human activities, there exits laws for regulating this process. This article examines the procedure for developing a vaccine as mandated by law in India and globally and the deficiencies given the need of the hour. History of the Legal Framework Concerning Clinical Trials in India The pharmaceutical industry is largely governed by the...

The Transgender Persons (Protection of Rights) Act, 2019

All but the transgender community in India has been deprived of basic rights in the fields of education, employment, and healthcare and have been subject to discriminatory practices since time immemorial. It was only recently that the need to protect their rights has been realised and a Bill was introduced in the Rajya Sabha "The Transgender Persons (Protection of Rights) Act, 2019" seeking to protect and empower them. Prior to the introduction of such bill, in the year 2013 the...

AP HC Issues Notice To Centre, State On PIL Alleging Phone-Tapping Of HC Judges With Connivance Of Govt., To Malign Institution Of Judiciary [Read Order]

The Andhra Pradesh High Court on Tuesday issued notice to the Centre, the state government, the CVC, the CBI and the TRAI on a PIL alleging that "with the active instigation of political bigwigs", an attempt is being made to "tap/keep surveillance on the phones of some of the judges of the High Court of Andhra Pradesh" with a view to "tarnish the image of the prestigious institution of the judiciary". Recording that "this public interest litigation has been filed inter-alia contending that as...

Territorial Jurisdiction Under Trademark And Copyright Law In India

The question as to which court has the territorial jurisdiction to try and entertain a suit pertaining to trademark and/ or copyright infringement or passing off has been debated for a long time in India. With the passage of time and precedents laid down by the Courts, it is believed that the position of law relating to territorial jurisdiction in trademark and copyright disputes is fairly settled. This article focusses on landmark judgments of High Courts and Supreme Court discussing...

'As Long As You Are Upright, Don't Care If Your Shadow Is Crooked': Story Of Bombay HC Refusing Contempt Action Against An Ex-CJI For His Critical Remarks

The Court said that the ex-CJI's interview appeared to have been given with an idea to improve the judiciary.

"My Dear Fellow, The Case Is Tomorrow! Your Counsel Has Not Read The Brief" - The Story Of Bhulabhai Desai, The Lawyer Who Argued India Her Freedom

"And it will be a travesty of justice if we were to be told as a result of any decision arrived at here or otherwise, that the Indian may go as a soldier and fight for the freedom of England against Germany, for England against Italy, for England against Japan, and yet a stage may not be reached when a free Indian State may not wish to free itself from any country, including England itself." It was a show case trial and the packed room hung on to every word this Gujarati lawyer...

[Column] POTUS Vs SCOTUS Viz-a viz Prashant Bushan Vs Supreme Court Of India: Justice Madan Lokur

When it comes to statements on the highest court of the land, let's compare the President of the United States (POTUS) and Prashant Bhushan. For more than a hundred years, POTUS, in his different avatars, has been critical, from time to time, of the Supreme Court of the United States (SCOTUS), including its judges and more recently even the federal judiciary. Going by the view expressed by the Supreme Court of India (SCI) in a recent decision concerning the alleged contempt by Bhushan, these...

[Suo Moto Contempt] Right Of One Appeal: A Requirement Of Due Process

According to media reports of 19 August 2020, Justice Kurian Joseph, former Judge of the Supreme Court, has formulated the following question in the context of contempt of Court proceedings: "…whether a person convicted by the Supreme Court of India in a suo-motu case should get an opportunity for an intra-court appeal since in all other situations of conviction in criminal matters, the convicted person is entitled to have a second opportunity by way of an appeal. Under Section 19 of the...

Non-Personal Data Governance Framework And Competition Act

The recent report by the Committee on Non-Personal Data Governance Framework is unique in its treatment of data. Even though this framework is merely in Report form at present it is expected to become the basis of a new national legislation for regulating non-personal data. Recognising the many complications and conflicts that any attempt to regulate non-personal data would give rise to, the Committee had also called for comments from the public and stakeholders on the Report. The...