Articles
A Need For Quota For Women Judges In Supreme Court
With the recent elevations, three in May and two in August, the Supreme Court has reached its full sanctioned strength of 34 judges, including the Chief Justice of India. Yet, the appointments have reignited concerns over the Court's composition, particularly the continued underrepresentation of women Judges, with Justice B.V. Nagarathna now the sole woman judge on the bench.The functioning of the Supreme Court Collegium has long been shrouded in doubt, with frequent criticism over its lack of...
On Reforming The District Judiciary In India : Justice Ravindra Bhat Writes
The Constitution of India arguably provides for a federal structure of government that treats the Union and the states as distinct. While the legislative and executive branches are separate for the Union and the states, the judiciary is a single pyramidical structure. The district judiciary constitutes the foundational rung, exercising jurisdiction at the district level or in a more localized manner; the High Courts (HCs) constitute the middle rung, exercising...
Beyond Formality: Why Written Grounds Of Arrest Must Reach Both Accused And Their Families
The guarantee under Article 22(1) of the Constitution — that no person shall be arrested without being informed of the grounds of arrest — is one of the most vital protections for personal liberty. Yet, for decades, this right was interpreted narrowly, satisfied by mere oral communication, often reduced to a ritualistic formality. The Supreme Court's recent jurisprudence, however, marks a decisive shift. Through a series of rulings culminating in Vihaan Kumar v. State of Haryana,...
Contractual Validity Of Restrictive Covenants For Premature Resignation Legal Analysis
In a significant judgment delivered on 14 May 2025, the Supreme Court of India in Vijaya Bank & Anr. v. Prashant B. Narnaware, 2025 LiveLaw (SC) 565 (“Vijaya Bank Case”) clarified the enforceability of liquidated damages clauses in employment contracts, particularly in cases of premature resignation. The court held that a clause requiring an employee to pay a pre-determined sum for leaving employment before completing a minimum tenure does not amount to a restraint of trade under Section 27...
Tolling Agreement: A Breather Before Battle
“Controversies are limited to a fixed period of time lest they should be immortal while men are mortal” John VoetWhat Is Statute Of LimitationThe Statute of Limitation is a statute of repose, consisting of a set of principles that rests on public policy that prescribes the time limit for enforcing one's rights. It prevents resurrection of claims that have become dormant due to the negligence of the party. In simple words, statute of limitation stipulates the time limit for the...
In A Case Where The Offence Is Triable Exclusively By A Court Of Session, Which Court Can Take Cognizance Of The Offence?
C O N T E N T SSl.No:I N N E R T I T L E SPARANo:1Para 27 of Dharam Pal v. State of Haryana AIR 2013 SC 3018 extracted.12My comments on Dharam Pal (Supra – AIR 2018 SC 3018)23The issue for resolution in Dharam Pal34Kishun Singh's case discussed Notes by the author555Ranjit Singh's case (AIR 1998 SC 3148) discussed66Ranjit Singh doubted77Resolution of the issue by the Constitution Bench The two propositions with which the author disagrees898The scheme under the Cr.P.C....
Case For Updated Model Bye-Laws For Cooperative Housing Societies In Maharashtra
In Maharashtra the law governing the Cooperative Housing Societies is the Maharashtra Cooperative Societies Act, 1960 (“Act”), the Maharashtra Cooperative Societies Rules, 1961 (“Rules”), and the registered bye-laws of these societies. “Bye-laws” are defined under Section 2(5) of the Act as follows “bye-laws registered under this Act and for the time being in force, and includes registered amendments of such bye-laws.”1 The bye-laws can be simply defined as the internal rules and regulations...
A Friend Indeed
Should Courts be Student Friendly? What responsibilities does the Bench and the Bar have towards law students? Is tomorrow the responsibility of today?A letter addressed to the Chief Justice, High Court of Kerala, by the Kerala High Court Advocates' Association, taking exception to a Single Judge of the Court inviting two law students to be Amicus Curiae found its place in media[1]. According to the Association if the Court was looking for any assistance, it must have engaged as Amicus Senior...
From Claims To Compliance: India's Greenwashing Guidelines
In this contemporary world that is increasingly environmentally conscious, small/ medium scale businesses and large multinational corporations feel the burden to make sure their words of commitment towards sustainability and environmental responsibility are heard loud and clear and the same transcends into their company's reputation. However, regrettably, this increasing eco-awareness brings along one developing trend of concern i.e., greenwashing. Greenwashing is a phenomenon wherein...
International Legal Framework For Compensation In Air Accidents
When the global Aviation ecosystem is impacted by aircraft accidents/crash over the last few years, it becomes unequivocally important to initiate a thorough investigation in order to ascertain the cogent reasons behind and to implement safety mechanisms in place as immediate remedy. Simultaneously, a fair compensation needs to be provided to the next of kin in case of death of a passenger or to compensate injured passenger with the objective to make good loss suffered owing to air...
IBC 2.0: Has the 2025 Amendment Fixed the Cracks in India's Insolvency Regime?
The Insolvency and Bankruptcy Code, 2016 was a watershed moment in India's corporate regulatory landscape. It replaced the patchwork of old laws and consolidated it within a single and efficient insolvency framework with a goal to rescue viable companies and to ensure a seamless exit for those that were beyond repair. The core objective of the code was clear- maximisation of asset values, encouraging entrepreneurship through a seamless exit option, increase lender confidence- and to overall...