Articles
Some Dos And Don'ts Of Document Disclosure/Discovery In International Arbitration
Most Arbitrations are fact-intensive and a majority of cases turn on facts which are often disputed. Therefore, the importance of fact-finding in an arbitration can hardly be emphasised enough. In this endeavour, modern tribunals accord much greater worth to contemporaneous documents rather than oral testimony. The principal documents, such as the contract in question and important correspondence, are usually filed by the parties at the earliest stage, usually along with their written...
Highlights Of The Personal Data Protection Bill 2019
On whom the Bill will be applicable? The Bill is applicable on processing of personal data by State Companies either incorporated in India or foreign companies dealing with personal data of individuals in India. any citizen of India or any person or body of persons incorporated or created under Indian lawdata has been collected, disclosed, shared or otherwise processed within the territory of Indiadata fiduciaries or data processors not present within the territory of India, if ...
The 2019, An Anti-RTI Year!
The 2019, an unforgettable bad year for RTI, the people's right diluted in the 70th year of Constitutionally ruled India. 2019 infamous Amendment that shrunk the size, significance, and power of Information Commissioners, besides violating the federal scheme of Indian Constitution. While 12th October is celebrated as day of empowering citizen with information, the Government of India has assaulted the access right with a strong blow through Rules 2019, far more damaging than the...
'Aren't The Students Citizens As Well?: A Perspective On Nirma University Incident
I vividly remember that one lecture delivered by a professor of the Institute of Law, Nirma University, Ahmedabad, where he was explaining a topic related to Legal-Political Philosophy. Halfway through the lecture, he got annoyed because one of the students was conversing with a classmate (the student asserted that he had to pass on an urgent message). This may sound like a regular classroom scene, and I might have even forgotten this incident, if the professor had not taught us a bitter...
Death Of The Sole Public Servant Does Not Enable The Special Judge Under The P.C. Act To Transmit The Case To The Regular Criminal Court For Trial Of The Surviving Non-Public Servants
I chanced to come across a recent judgment of a learned single Judge of the High Court of Kerala directing the Special Judge exercising jurisdiction under the Prevention of Corruption Act, 1988 ("The P.C. Act" for short), to transmit the C.C. case pending before it to the Court of the Chief Judicial Magistrate ("CJM" for short) for trial and disposal. In that case, a public servant and two non-public servants were charge sheeted by the Vigilance and Anti Corruption Bureau ("VACB" for...
The Kashmir Internet Ban – What's At Stake
A three-judge bench of the Supreme Court has heard oral arguments and reserved its judgment in Anuradha Bhasin v. Union of India and Ghulam Nabi Azad v. Union of India, in which the petitioners have impugned, among other things, the ongoing shutdown of the Internet in the Kashmir Valley. The arguments raised in these petitions touch upon questions critical to the functioning of India's democracy. This post is an effort at expounding some of the issues at stake in the case.FactsSometime on August...
POSH And Higher Educational Institutions
POSH – Prevention of Sexual harassment of women at Workplace Law... Whenever, Wherever we say POSH, we often think about Corporates, The large establishments, Offices, Government undertakings etc., but we hardly think about the Higher Educational Institutions. In India, the institutional framework of higher education consists of Universities and Colleges. As reported in 2015, India has 760 universities and 38,498 colleges. India's higher education system is the third-largest in the...
CAA Protests: A Critique On Magistrate's Order Which Denied Bail To Persons Arrested From Daryaganj
Two weeks ago, the Supreme Court reiterated that an order rejecting or granting bail has to demonstrate proper application of judicial mind and that it was guided by the principles set out for rejecting bail. In Mahipal v. Rajesh Kumar @ Polia, the apex court observed that: 'It is a fundamental premise of open justice, to which our judicial system is committed, that factors which have weighed in the mind of the judge in in the rejection or the grant of bail are recorded in...
RTI Users: Blackmailers And Extortionists?
In a recent RTI related case filed by Anjali Bhardwaj, the RTI Has Come To Be A Weapon For Intimidation, There Should Be Some Filters": Observes SC CJI is reported to have said on 16 December 2019: "We are not against the right to information. But there is a need for guidelines. It cannot be an unbridled right." It has also been stated that there should be the locus for seeking information and that the administration is almost coming to a standstill because nobody is willing to take decisions....