Articles
Kashmir Detentions; When State Itself Breaks The Law
I recently attended an interactive session with some officers of a tribunal with a view to understanding the problem of expeditious implementation of the law of compensation. When some issues arose for discussion, I asked, in all simplicity, what the confusion was when the Supreme Court had already settled the law and all that was required of them was to follow it. When they appeared unmoved, it struck me that law – in their perception – was a matter to be argued and followed by others while...
Gender Equity At Workplace: Legal Haze Under The Code On Wages, 2019
The report about rampant practice of hysterectomy amongst women cane cutters at the Beed District of Maharashtra[1],indicate the extent of authority and control over women's body exercised by the Contractor sat workplace. It is modern slavery in the pretext of employment and misappropriation of their body at the cost of their livelihood. Intervention over women's autonomy at workplace need to be read along with the report of the Kelly Global Workforce Insights Survey on Women in STEM...
Questions Raised Over UAPA Case
The arrests of two CPI(M) activists by Kerala police under the draconian Unlawful Activities(Prevention) Act over pro-Maoist pamphlets have ignited debates on this anti-terror legislation.The police claimed that they seized from the activists "suspicious pamphlets" aimed at propagating Maoist ideology. The arrested persons, Alan Suhaib and Thaha Faizal, both aged 20 years, were slapped with UAPA sections 20 (Punishment for being member of terrorist gang or organisation), 38 (Offence...
Jet Airways CIRP : Need To Adopt UNCITRAL Model Law On Cross Border Insolvency
Jet Airways Case: Background The need for the implementation of proper legal framework for Cross Border Insolvency proceedings is triggered in Jet Airways Scenario. District Court in North Holland declared Jet Airways bankrupt on May 22 in response to a complaint filed by two European creditors. A letter was issued by the Dutch trustee (equivalent to insolvency professional in India) appointed by the Dutch Government addressing Ministry of Corporate Affairs and other secured creditors...
Soul-Searching From Pune To Indore Via Delhi
The Battle of Poona was won on Diwali in 1802. Yashwantrao Holkar of Indore marched to Pune, consolidating his position in the Maratha Confederacy and emerged victorious against his Pune counterpart in the battle fought outside Hadapsar. This accumulation of political wealth by Indore was soon to be threatened by outside interests. Elsewhere in 1802, two oceans and three continents away, the Supreme Court of the United States under Chief Justice Marshall was gearing up for a forward push...
Condonation of Delay In Filing Petitions Under Special/Local Law – Issue Should Be Heard By A Larger Bench
IntroductionTime limitation of filing a suit/appeal/application stands prescribed under provisions of the Limitation Act, 1963. Sections 4 to 24 of the Act deal with exclusion of certain time periods in calculating such prescribed time periods. Section 5 deals with the condonation of delay. It provides that if a 'Court' is satisfied that the appellant/applicant had sufficient cause for not preferring the appeal or making the application within limitation, the Court may admit the same after the...
RTI Amendments: An Obituary To Independent Information Commission
[We were celebrating the 12th October as RTI formation day. But immediately after 12 days we are now compelled to mourn the sad demise of institution of Independent Information Commission on 24th October 2019 on which the destructive Rules are notified.]
Though Path-Breaking, The Operational Scope Of Sections 156(3) And 173(8) Cr.P.C. Enlarged By Breaching Judicial Propriety
I had occasion to read from www.livelaw.in, a 66-page judgment dated 16-10-2019 rendered by 3 learned Judges of the Hon'ble Supreme Court of India in Vinubhai Haribhai Malaviya and Others v. The Stateof Gujarat and Another (Criminal Appeal Nos. 478-479 of 2017). The Bench has mainly held as follows:- i. The power of the Magistrate under Section 156 (3) Cr.P.C. can be exercised even at the post-cognizance stage until the commencement of trial i.e....
The MHA Need To Have A Cautious Approach To Criminal Procedure Reforms
The Nation wants to know the intent and contents of the proposed amendments in criminal laws ensuing the statement of the Union Home Minister Mr Amit Shah that was made couple of weeks ago. Not much is known about the actual motivation and direction about seemingly sweeping amendments that are intended to be caused in the Indian Penal Code, Criminal Procedure Code and some other criminal laws. These crucial amendments would amount to redefining of criminal justice policies without a...
The Desirability Of A Permanent Constitution Bench In The Supreme Court
In 1950, the maximum number of judges in the Supreme Court was seven plus the Chief Justice of India. This number was increased to 11 in 1956, to 14 in 1960, to 18 in 1978, 26 in 1986, 31 in 2009.The recent increase, following a letter by Chief Justice Ranjan Gogoi to the Prime Minister, has brought the number of judges in the apex court to 34, including the CJI. According to a recent report in the Times of India, the Supreme Court is to have a permanent Constitution Bench from October 1,...