Articles
Remembering Ashok Desai And His Service To The LGBTQI Community
In 2006, the LGBTI community got news that Naz Foundation's challenge to the constitutionality of section 377 was likely to be heard by the Delhi High Court sometime soon.When Naz Foundation's petition (Naz Foundation v Union of India And Others, WP(C) 7455 of 2001) had been filed in December 2001 by Lawyers' Collective's team led by Snr. Adv. Anand Grover, there were few who believed that an Indian Court could be persuaded to recognize the rights of sexuality minorities anytime soon. (Bear in...
How To Crack The Advocate On Record Examination
The Advocate on Record Examination conducted by the Supreme Court of India has earned the reputation of being notoriously hard to crack. Though having already been put through the mill, I am here to attempt to demystify the shroud of uncertainty that deters many aspirants from taking the examination. The primary source of encouragement for writing the present article has been the Novel Corona Virus (Covid-19), which has made most lawyers brief-less, including me. Why Become an...
The Virtual Court Must Be Live Streamed Not Video Conferenced
The 20th century was one of idealism, where the world questioned political and economic authoritarianism and people fought and died to universalize the principle of equality, fraternity and democracy. These principles have built a fairer world and held power to account reducing arbitrariness and improving efficiency. It is surprising then, that the 21st century has unfortunately been one of cynicism and individualism, where fear, real or manufactured by propaganda, has seen people...
Impact Of Lockdown Due To COVID-19 On Mandatory Timelines Prescribed Under The Arbitration & Conciliation Act, 1996
The number of cases of COVID-19 has rapidly increased throughout the world, leading to a world-wide crisis. This is not only a health crisis but also has impacted the financial conditions of many countries which are affected by this pandemic. Even in the countries where the reported number of cases infected by the virus is comparatively low, the risk of a financial collapse of the country is high as these countries are maintaining a lockdown to promote self isolation and social distancing....
The Curious Case Of Serajuddin Ansari
This is the story of one Serajuddin Ansari resident of Bikram, Distt Patna, Bihar. On 15.2.1984, he asked his mother for milk to which his mother answered that she could not bring it because he had not given her money for it. A minor altercation took place between the mother and son and on the spur of the moment, he picked up a stick used for stirring rice and struck her on the head due to which she died. He was arrested and remanded to judicial custody on 16.2.1984. Thereafter, between...
The Offence Of Cheating And Rapidly Emerging Defence Of Part-Payment - An Ambiguity In Law?
INTRODUCTION Cheating is an act of deception which causes loss, damage or harm to the person who is deceived, in body, mind, reputation or property and in which the deceiver's object is fraudulent and dishonest right from the very beginning. It is a criminal offence and contains numerous ingredients. Section 415 of the Indian Penal Code, 1860 defines cheating as: - 415. Cheating.—Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver...
Impact Of Lockdown Due To Covid-19 On Mandatory Timelines Prescribed Under The Arbitration & Conciliation Act,1996
Introduction: The number of cases of COVID-19 has rapidly increased throughout the world, leading to a world-wide crisis. This is not only a health crisis but also has impacted the financial conditions of many countries which are affected by this pandemic. Even in the countries where the reported number of cases infected by the virus is comparatively low, the risk of a financial collapse of the country is high as these countries are maintaining a lockdown to promote self isolation and...
Tribunals Hearing Cases Without Judicial Members – An Anathema To Rule Of Law
In the present legal system in India, tribunalisation is here to stay and the Supreme Court right from Sampath Kumar Vs. Union of India, (1987) 1 SCC 124 onwards has given its seal of approval to creation of Tribunals, subject of course, to various safeguards. The question that is sought to be examined in this article is whether presence of a judicial member is a must in every bench of any Tribunal, irrespective of whether such Tribunal is exercising functions hitherto exercised by Courts...
Another Challenge to Independence of Constitutional Institutions: Can AP Government Remove Election Commissioner?
Andhra Pradesh Ordinance on term of SEC is now under challenge before the bench headed by Chief Justice Maheswari, of AP High Court, who gave four weeks of time to Government to answer the petitions filed by N Ramesh Kumar, 'removed' SEC and others. A serious Constitutional controversy is kicked off by the AP Government, which used its extraordinary power through promulgation of ordinance to get rid of Nimmagadda Ramesh Kumar as State Election Commissioner, around 8 months in advance. Can the...
End Crime,Not Lives!
An eye for an eye will make the whole world blind: Mahatma Gandhi As expected, the recent hanging of the four condemned persons in the Nirbhaya gang rape has evoked mixed reactions from within and outside of India. Many within the country celebrate the execution, calling it "an exemplary punishment". In stark contrast, a good number of people with liberal views at home and global organizations such as Amnesty International, the International Commission of Jurists and the United...
Karuna In The Times Of Corona : A Case For Direct Government Transfer Of Wages During The Epidemic
While Babasaheb Ambedkar is given the lion's share of our national gratitude for giving "WE THE PEOPLE" a revolutionary document as the Constitution, few would remember the behind the scenes contribution of one more man - he was Sir BN Rau, the Advisor to the Constituent Assembly. He travelled far and wide to secure inputs as we shaped our Basic Law. After all the Rig Vedic Mandate was "let noble thoughts come from all directions". One such direction pointed to the legendary Justice...