Ad-Interim to Interim Stage : Delhi HC Takes A U-Turn To Vacate Stay Against BG Invocation

On May 29, Delhi High Court vacated its earlier stay order on Bank Guarantee encashment and held that COVID – 19, a force majeure event, does not excuse contractor's non-performance of a contract "for which the deadlines were much before the outbreak itself". Factual Matrix Selected in a competitive bidding process, Halliburton Offshore Services Inc. ("Contractor"/ "Halliburton") executed contract dated April 25, 2018 with Vedanta Limited ("Company") for fast track...

Supreme Court Of India Has No Sign Language Interpreters!

An online demonstration of the Supreme Court e-filing module was held and webcast on Friday, May 15/2020 which was attended by CJI SA Bobde and the Chairperson of the Supreme Court e-Committee, Justice DY Chandrachud. In this session the Hon'ble CJI SA Bobde gave his Presidential remarks, and Hon'ble Justice DY Chandrachud delivered an address encompassing the background and purpose of the live demonstration. Unfortunately, the entire process was not accessible for deaf population of...

Juvenile Justice Act And Misplaced Objectives

The Bois Locker Room issue has raised many important questions regarding consent, boys' culture and privacy. Most of the students who were part of the Instagram group have been booked by the Delhi Police are in grade 11th and 12th. As most of these students would be below the age of 18, they would be tried under the Juvenile Justice (Care and Protection of Children) Act, 2015("Act"). Every time an offence is committed by Juveniles that enters the larger public discourse, the narrative...

Interventionist Judiciary Is A Necessary Shining Sword Of Modern Constitutionalism

The millions of migrants breathed a sigh of relief when the Supreme Court of India (SC) passed its interim directions on May 28 in a suo motu Public Interest Litigation (PIL) to redress their miseries caused by the unplanned lockdown to beat the coronavirus. However, the extraordinary intervention sparked a debate whether, SC should have refrained itself to the majoritarian art of governance. Needless to say that the Supreme Court is the seat of justice for arbitrating between the...

'The Law Is An Ass': Charles Dickens And The Law

Charles Dickens passed away on 9th of June, 1870. His 150th death anniversary is unlikely to pass without reminiscing, as the sheer quality of his work has stood the test of time. Personally, I have been a huge fan of his works, having read some of his prominent works during childhood. The lockdown period gave me an opportunity to re - read his novels, and being a practising lawyer, I was thrilled to observe that his novels are teeming with legal life. From David Copperfield to The Tale...

Judicial Silence Would Have Reaffirmed "Tyranny Of The Elected" : A Response To Ex- Chief Justice

A persistent pressure is being mounted from unlikely quarters on the Courts, particularly the Supreme Court, to desist from intervening in the matter of grave national crisis concerning the migrants. Persistent inaction of the governments has resulted in the heaping of unimaginable miseries on millions of migrants trudging on the roads on foot, short of food and water, as well as the necessary means of survival. At this critical juncture, the advisory to the courts to refrain from ...

Privacy In Cyber Space

Dr. Jasmine Alex My son, when he was six years old, vehemently opposed one of my relatives taking his photographs in a family function. Being embarrassed among the crowd due to his discourteous screams, I inquired the reason why he was so blunt in such a family gathering and he frantically revealed his dislike and apprehension on his photos being immediately uploaded by these uncles and aunts to the 'Facebook'. That was a very personal incident which opened up my inner eyes, towards the...

Historical Background Of Wearing Black Robes By Advocates

"Being a lawyer is not merely a vocation. It is a public trust, and each of us has an obligation to give back to our communities." - Janet Reno Dress Code is a 'symbol of confidence', a 'symbol of discipline', a 'symbol of the legal profession' and a 'proud part of an individual's personality' for a profession. The balance between maintaining the Court's decorum and permitting freedom in an individual's lifestyle is...

COVID-19 And Jus Cogens Norm Implication On China

Jus Cogens are higher norm in international law, which binds the states independent of states treaty obligation, because international law is largely informal and consent oriented, jus cogens norm play a crucial role in regulating the conduct of states; however, only very few norms have attained the status of jus cogens, one of which being right to life, besides being a jus cogens norm right to life is acknowledged as a non-derrogable human right as codified under Article 3 of Universal...

Professional Ethics: A Gentle Reminder To The Solicitor General Of India

The Solicitor General of India is the Second Law Officer of our Country – India. It is not a Constitutional but a Statutory Authority and a very respectable post. Young Lawyers aspire to achieve it someday. Mr. Tushar Mehta is an energetic and luminous Senior Advocate of the Supreme Court of India and is currently the Solicitor General of India who advises the Government of India and appears on behalf of the Union of India in terms of the Law Officers (Terms and Conditions) Rules,...

Some Problematic Areas Of Delhi HC Video Conferencing Rules : Marking Of Evidence, Remand Of Accused, 313 Statement Etc

1st June, 2020 marked a historic day for the justice administration system for the entire country, and more particularly for the nation's capital. The Delhi High Court notified the High Court of Delhi 2020 (hereinafter, "Rules") which allow for all stages of judicial proceedings to take place through video conferencing. The Court also passed separate notifications under Rule 1(i) of the Rules to make the Rules come into force with effect from 1st June, 2020 and to make the Rules ...

Prosecutors Cannot Lose Sight Of Rights Of Citizens

The Bar Council of India Rules on "Standards of Professional Conduct and Etiquette" cast a high duty on all Advocates to restrain and prevent their clients from resorting to sharp or unfair practices and to use restrained language in correspondences (Section I Rue 4). While all advocates are duty bound to fearlessly uphold the interests of their clients, a higher burden is cast on Prosecutors to be fair and not just seek convictions. The Bar Council Rules are not exhaustive and...