Articles
Refusing Access To Lavasa's Dissent Undermines RTI Act And Sanctity Of Electoral Process
Access to information is key to a participatory democracy which enables citizens to actively participate in matters of public affairs. Enactment of RTI Act shattered the entrenched culture of secrecy carried out by our bureaucracy for years and marked a transformation into an era of transparency. Since then, we have witnessed a number of success stories of RTI empowering people at the grass-root level and fixing accountability of public functionaries. Recently the Central Information...
Nomination Under Companies Act, 2013: Critical Analysis Of Supreme Court Judgment In Oswal Case
On 06.07.2020 Supreme Court in the case of Arun Oswal Vs. Pankaj Oswal & Ors (Oswal case) , held that the dispute as to the inheritance of shares cannot be decided in a proceeding under Section 241-242 of the Companies Act, 2013 (Companies Act). Supreme Court was also seized of the question as to whether the rights of a nominee of shares & securities under Section 72 of Companies Act is similar or different to the rights of a nominee under the Life Insurance Act 1938, ...
15 Takeaways To Ace "Consumer Fora Litigation" In India
Determination of compensation for the loss or injury suffered by a consumer on account of deficiency in service: In the matter of: Charan Singh V/s Healing Touch Hospital & Ors, (2000) 7 SCC 668, it was held that: "… While quantifying damages, Consumer Forums are required to make an attempt to serve the ends of justice so that compensation awarded, in an established case, which not only serves the purpose of recompensing the individual, but which also at the same...
The Typewriter Still Works -The Story Of A Judge Who Presided Over India's Most Sensational Trial
I have only re-read one book. The first time was when it was gifted to me on my birthday by a dear college friend in 1998 and it had me right from the catchy title "Princely Imposter"[1]. It was the tale of British India's most iconic litigation-The Bhowal Sanyasi's Case masterly captured in every page by Partha Chatterjee. When the Legendary Ram Jethmalani, donning his professorial hat, had come to Law School to teach us the law of evidence, explaining the 'hearsay' doctrine,...
Reservation or No Reservation
Caste system, where or how did it start and how does it end? I don't have a precise answer to this question but what I vaguely remember is one childhood memory from my school days. I think I was in class 3rd/4th when Hindi teacher was teaching us about our first President Dr. Rajinder Prasad, could be his biography by some reporter who visited his residency and while asking him personal life questions she enquired about his wife. The President of India stated that she is a nice woman but...
Interaction Between Admiralty Courts And Company Courts: A Critical Analysis Of Raj Shipping Case
On 19th May, 2020, a single judge bench of Bombay High Court delivered a judgment in the case of Raj Shipping Agencies v. Barge Madhwa ["Raj Shipping case"] . The court through this judgment answered two major questions of law with respect to interaction of Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 ["Admiralty Act, 2017"] with Companies Act, 1956 and Insolvency and Bankruptcy Code, 2016 ["IBC, 2016"]. The questions answered were: [1] Is there a conflict between...
Securing The Sentinel
Over the last few years, the higher judiciary in India has weathered a number of storms in the shape of scandals that rocked the very independence and credibility of the institution. In 2017, the bitter battle between Justice C.S. Karnan of the Calcutta High Court and his brethren in the higher judiciary came to an unsatisfying conclusion with Justice Karnan being imprisoned for a period of six months on being found guilty of contempt by the Supreme Court of India("Supreme Court"). The...
Covid19- Implications And Opportunities For Legal Fraternity
What could explain Covid-19 pandemic better than words of Japanese Finance Minister Taro Aso "The spread of the new coronavirus is a public health crisis that could pose a serious risk to the macro economy through the halt in production activities, interruptions of people's movement and cut-off of supply chains". Besides its devastating effects on human lives, claiming over 543,605 lives and infecting over 11 million people all around the world, the novel coronavirus (COVID – 19)...
Differently Abled Candidates: More Unequal Than Others? (Part-II)
In the first part, we identified a person's autonomy and substantive equality within the contours of human dignity principle. In this piece, we will see how this substantive equality is actually achieved vis-Ã -vis disabled people. Reasonable accommodation According to T Degener, disability should be considered for changing the environmental or social life in order to grant genuine access and inclusions. He used the term "reasonable accommodation" to denote such actions. Disabled...
'Advocate-on-Record' System In Supreme Court & High Courts
Last month, the Registrar General of the Kerala High Court sent a communication to Kerala High Court Advocates' Association [KHCAA], asking them to place a report on the proposal of introducing Advocate on Record system in the High Court. The Registrar General also requested the Association to prepare a report regarding the 'Advocate On Record' system, the rules and legal position for regulation of Advocates practicing in the High court, methodology for standardization, criteria to be...