Articles
Is It Ethical For A Sitting Judge To Publicly Praise the Prime Minister?
The Supreme Court of India was hosting the International Judicial Conference 2020 (22nd-23rd February) on the theme "Judiciary and the Changing World" to facilitate a dialogue of ideas between judges of India and those from abroad. However, the remarks made by Justice Arun Mishra in praise of Prime Minister Narendra Modi must have made the judges from over twenty countries (including United Kingdom and Australia) also reflect upon the themes of judicial ethics and propriety — which were...
Proving Citizenship: Lessons From The African Court On Human And Peoples' Rights
Ochieng v Tanzania and Penessis v Tanzania are two recent decisions of the African Court of Human and Peoples' Rights, that demonstrate a humane and sensitive approach to the vexed question of citizenship challenges. Both cases involved challenges by individuals who had been declared non-citizens by Tanzanian authorities.In Ochieng v Tanzania (22 March 2018), Tanzania deported a declared "non-citizen" to Kenya, who then "deported" him back, leaving him stuck in what the Court called a "no-man's...
Sedition :Tool Of Selective Abuse Against Dissent
British Rulers abused the law of sedition to frighten the leaders and stifle the movement for Independence. Tilak and Gandhi were their targets. Tilak was tried twice and Gandhi was punished once for writing against British Raj and inspiring millions into the freedom struggle. When Britishers charged them with sedition truly the accused were causing disaffection and openly wanted the rulers to leave the country and let Indians rule themselves. Gandhi argued that when people want to protest...
Real Estate Development - Need To Simplify Legal Procedures
More often, several real estate development projects are stalled at a very primary stage, may be at the stage of procurement of land, or in process of seeking various permissions under different statutes. The unhappiness amongst the real-estate developers as regards the complexities in the procedures and in getting the required permissions, appears quite genuine. It is noticed that many litigation proceedings, at least by or against the respective State Governments arise due to delay in...
The New Law On Rectification Of Register Of Members Of Companies – A Need To Reconsider The SC Judgement In Shashi Prakash Khemka V. NEPC
A short judgment of the Supreme Court in Shashi Prakash Khemka v. NEPC Micon (2019) SCC OnLine SC 223 ("Khemka") has become particularly significant in the Indian law governing actions for rectification of the registers of members of a company. Such actions are usually preferred by persons who claim to be members of a company and whose membership (such as name, extent of shareholding held, etc.) is not correctly reflected in the register of members that is statutorily required to be ...
Manchester City Ban: A Significant Moment In Regulation Of "Financial Doping" In Football
In a session organised by the Guardian in 2015 on the increasing influence of money in English Football, Duncan Drasdo, CEO of the Manchester United Supporters Trust commented, "The growth in revenue has attracted the wrong kind of owners, particularly those looking to use clubs as a cash cow". The negative influence of money was always lurking over the game but never came out as to be formally criticized until 14th of this month. The last season EPL champions Manchester City...
Hubli Bar Resolution: Denial Of Justice
On February 15th, the Hubli Bar Association in coastal Karnataka passed a resolution dictating that none of its lawyers would appear for the three Kashmiri students accused of Sedition and arrested for allegedly raising "Pakistan Zindabad" slogans. The three accused are students of Engineering in a city college and were arrested on Sunday. They have been sent to judicial custody till March 2. According to Guru F Hiremath, the General Secretary of the Bar Association, "The...
J&K Farmers Denied Benefits Of Fair Compensation Law
After abrogation of Article 370 , the 86 year old Jammu & Kashmir Land Acquisition Act 1934 got automatically repealed. From last many years there has been a strong demand from affected landowners, farmers and activists for enactment of a strong land acquisition law in Jammu & Kashmir. Farmers in J&K whose land is being acquired on large scale for various infrastructural projects have been demanding fair compensation but successive Governments in J&K were adamant to...