A Restless Pause

It is a time of inconceivable turmoil. As the nation battles a cataclysmic pandemic that threatens both life and economy, the Chief Minister of Maharashtra, Uddhav Thackeray, finds himself distracted in the midst of attending to matters of the state. On 28th November 2019, after a political game of thrones, Thackeray was sworn-in as the Chief Minister of Maharashtra with the strength and support of the Maha Vikas Aghadi – a three-way coalition between the Shiv Sena, the Nationalist...

Humour-In-Law

Most of us know of courtroom humour. But a few old laws also lend themselves to humour, distanced as we are by decades (or even a whole century or even more in some cases) from their enactment. The laws are all real. Read on. 1. The Whipping Laws "WHEREAS it is expedient that in certain cases offenders should be liable, under the provisions of the Indian Penal Code, to the punishment of whipping" decided the very British Governor General of India (are any...

Missing The Woods For The Trees: Aliyathammuda Beethathebiyyappura & Anr V. Pattakal & Ors And The Shariat Act,1937

In a recent judgment, the Supreme Court[1] held that a mutawalli can be appointed hereditarily, if permitted by the customs and usages of the waqf. The case, pertaining to the Jumma Mosque of Andrott island, arose in this way : One Ubaidulla, hailing from Arabia, came to the Amini Islands in the 7th century. He tried to convert the residents there but was unsuccessful. Thereafter, he went to the neighboring island of Andrott, and was ultimately successful in converting its residents....

E-Litigation - A Re-Look At The Supreme Courts Rules, 2013

Introduction of a concrete mechanism to ensure safe yet active functioning of the Supreme Court during unprecedented situations, such as the present pandemic, is the need of the hour. An alternative to the SupremeCourt (COVID-19 Pandemic) Emergency Procedure Rules, 2020 as suggestedby Mr. Shyam Divan, Senior Advocate, is the amendment of the existing Supreme Court Rules, 2013. A long-term plan to ensure e-filing and virtual disposal of matters before the Supreme Court is modifications to...

A Sullivan For The Times: The Madras High Court On The Freedom Of Speech And Criminal Defamation

On May 5, a single-judge bench of the Madras High Court handed down a very significant judgment on the freedom of speech and criminal defamation ["Sandhya Ravishankar's Case"]. The Respondent – V.V. Minerals – had instituted criminal defamation proceedings against Sandhya Ravishankar (the petitioner) for a report in The Economic Times concerning illegal sand mining in Tamil Nadu (for a reference to the piece, see here). After the judicial magistrate issued summons, the petitioner approached the...

Of Covid-19 And Stigma Attached To It

As the world is fighting the deadly Covid-19, what we may be missing out in the battle is a far greater threat than the virus itself - the stigma associated with it. The hard reality is that every time a contagion strikes the humankind, it is inevitably followed by stigmatization of the disease. Such instances have been witnessed since times immemorial, the most recent example being the outbreak of SARS in 2002 and H1N1 in 2009. Stigma, as per Goffman, is the "disapproval of, or...

Relaxation Of Labour Laws: A Route To Modern Day Slavery

The Uttar Pradesh government passed an Ordinance recently, that exempts most business from the ambit of most of the labour laws applicable in the country for the next three years. The only Acts that still apply in Uttar Pradesh are the Building and Other Construction Workers Act, 1996, Workmen Compensation Act, 1923, Bonded Labour Act, 1976, and Section 5 of the Payment of Wages Act, 1933. These Acts still apply to the entire state, which in turn means that the other, 40 plus, state and...

From Physical Courts To Virtual Courts: A Way Forward

Traditionally speaking, courts in India have, for time immemorial, functioned as 'physical courts'. The COVID-19 pandemic has resulted in an extraordinary and unprecedented crisis that, has affected the world at large, and has also posed many challenges on the ability of the judiciary to administer and effectively dispense justice. On the basis of the inputs and opinions rendered by experts across the world, it is more or less certain that this abrupt halt in 'normalcy' due to the pandemic...

Cooperative Banks Under SARFAESI Act : Analysis Of Constitution Bench Judgment

Recently a Constitution Bench of the Hon'ble Supreme Court comprising Hon'ble Mr. Justice Arun Mishra, Hon'ble Justice Indira Banerjee, Hon'ble Mr. Justice Vineet Saran, Hon'ble Mr. Justice M.R. Shah and Hon'ble Mr. Justice Aniruddha Bose dealt with a batch of matters in Pandurang Ganpati Chaugule v. Vishwasrao PatilMurgud Sahakari Bank Limited (Civil Appeal No. 5674 of 2009, decided on05.05.2020) decided the following issues:Whether 'co­operative banks', which are co­operative societies...

Borrowing Powers Of The Union And States In India: Time To Reflect And Revisit

Introduction The global pandemic has left no stone unturned to affect everything on its path, and economic dynamics are certainly not an exception to its unwavering captures. While predictions abound that the world economy may be pushed to its brink, opinions also resonate that developing economies may witness sharper recessions, with IMF projecting India's growth rate at a dismal 1.9% in fiscal year 2020. As the government and Reserve Bank of India attempt to put the pedal to the...

Section 29A: Time's Up or Is It?

Section 29A of the Arbitration and Conciliation Act, 1996 (the "Arbitration Act") was inserted by the Arbitration and Conciliation (Amendment) Act, 2015 with the aim of speeding up arbitration proceedings in India. Section 29A(1) originally required that an arbitral award be made within a period of twelve months from the date the arbitral tribunal enters upon reference (i.e., the date on which the arbitrator has received notice in writing of his or her appointment). Parties could, by...

[Column] "Ethics And Moral Values In Legal Profession" : Justice S.Vaidyanathan

This Article aims to provide a brief about "Legal Profession", which is otherwise called as "Noble Profession", with a view to ensure maintenance of high standards in it. This is the only profession, where genuine practitioners are glorified with the title "Learned", which denotes possession of skills not only in Law, but, also in other areas and having deep knowledge in all fields. The word "learned" has such a significant quality, which is not given to any other professional. In India,...