Articles
Sedition Charge For Writing A Letter To PM: My Dear CJM Ji, Ignorance Of Law Is No Excuse!
Article 141 of Indian Constitution says: The law declared by the Supreme Court shall be binding on all courts. It is called precedent, which is one of the important sources of law for any democratic nation and such law would bind all the lower courts. As recently as on September 7, 2016, Supreme Court Bench of Justice Dipak Misra quoted an old judgment to reassert that "Someone's statement criticising the government does not invoke an offence of sedition or defamation." On May 26, ...
Transferability of Arbitration Clauses: Comment On SC Decision in Giriraj Garg v. Coal India Limited
Abstract Arbitration, as an alternative model of dispute resolution, was founded upon the plinth of effective, fastidious, and straightforward conflict settlement in the arena of commercial horn locking, so that the procedural claptraps of classical courtroom litigation could be circumvented and conservation both in terms of time and money could be encouraged. However, in a country such as India that has mostly been the seat of ad-hoc arbitrations instead of institutional ones,...
Jammu And Kashmir Police Has Violated The JJ Act In Detaining Children
The Supreme Court last month called for a report from the Juvenile Justice Committee of the Jammu and Kashmir high court in respect to complaints that a number of children – described as juveniles in legal parlance – had been illegally detained in the state. The four High Court judges who make up its Juvenile Justice Committee submitted their report, which is now in the public domain. As a conscious citizen I know my limitations on commenting upon a matter which is sub judice and...
Shahjahanpur Rape Case: Swami Chinmayanand Hides behind Lesser Charges
Swamy Chinmayanand, spiritual leader, and former Member of Parliament from the BJP has been accused on charges of rape against a student at Shahjahanpur. With murkier details of the case emerging, the case has now faced a number of turns with the victim herself being kept in judicial custody on charges of extortion. The case was set in motion through a rape allegation made by a law student. The student went missing shortly after her accusation. After the victim re-emerged, she eventually...
Why Is Arbitration Not Working In India?
Arbitration has been the toast of the legal community for a long time. It has been long expected that arbitration will replace business litigation to a great extent one day. Lawyers have been encouraging parties to have an arbitration agreement in all their business transaction documents for more than two decades now. However, arbitration has not been proven to be effective too often. A lot of lawyers have begun to reevaluate if they should put in those arbitration clauses blindly...
Sec.12A IBC : Propriety Of Allowing Withdrawal Of CIRP At The Instance Of Defaulting Promoters
The National Company Law Appellate Tribunal ("NCLAT") reversed the order of NCLT while adjudicating upon the matter concerning insolvency of Sterling Biotech. The NCLAT allowed the creditors to withdraw the insolvency petition as per section 12A of the Insolvency and Bankruptcy Code ("IBC"), 2016 and to settle with the promoters of the Corporate Debtor. Thereby, allowing the promoters of the Corporate Debtor to take the control after making full payment to the lenders. An application...
Constitutional Morality: Can We Understand Our Morals Right?
Over the last couple of years, there have been a slew of judgments rendered by the Supreme Court in the field of constitutional law. For a student of constitutional law, these have been exciting times as the apex court has taken upon itself the daunting task of interpreting complex yet nuanced issues of constitutional interpretation. In recent times, the court has championed the cause of gender justice in the decisions of Triple Talaq case and Sabrimala case; emphasized the right of...
Delay In Pronouncing Judgments – Rafale, Sabarimala,RTI et al Need for Judicial Introspection
In the Sabarimala case(Indian Young Lawyers' Association v. State of Kerala), Supreme Court had rendered a path breaking judgment which led to a huge furore in the State of Kerala. A batch of fifty-plus Review Petitions was filed, the matter heard and the judgment reserved on 6th February, 2019. It has been 7 months since, but the judgement is yet to be delivered. Likewise, in the Rafale Judgment, the review petitions were heard and judgement was reserved on 10th May 2019. The delay...
Inter-State River Water Disputes Bill- Watering-Down The Water-Federalism
National Commission for Review of Working of Constitution (NCRWC) has strongly recommended for protection of already adjudicated rights of states over the rivers flowing through their states and effective and meaningful consultation with all state governments before bringing any bill on River Water Rights. The Centre cannot ignore these two important suggestions because India is a federation and states have share in the sovereignty. The NCRWC after studying this aspect, explained ...
