Articles
Clean Chit to CJI : Why The Doors Of Justice Completely Closed ?
After a few protests and arrests, the woman complainant (of sexual harassment against Chief Justice of India) has been forgotten by judges, lawyers and media. Staring substantial injustice is that there is no avenue for the victim to go. Action (so-called) on complainant ended in 15 days without any hope of review, appeal or further action. Ubi jus ibiremedium is an age-old legal maxim meaning where there is right there shall be a remedy. If the complainant, has a right to live and work, where...
A Misuse Of Power: BCI's Condemnable Response To The Complaint Against The CJI
On May 15th, LiveLaw reported that the Chairman of the Bar Council of India (BCI), Manan Mishra, raised concerns over women taking undue advantage of the law to falsely implicate men in cases of gender-based violence. These comments are the latest in a series of troubling statements from the BCI in the wake of the sexual harassment complaint against the Chief Justice of India (CJI). It bears repeating that the complainant's only ask has been for a fair inquiry into her complaint. Yet it is...
Anti-Abortion Legislations In USA- Understanding The Law In America And India
United States of America ('USA') is touted to be one of the most progressive countries in the world. The country is lauded for its pro-liberty stance on the rights of citizens. However, the state of Alabama in USA is in the news for passing legislation that curbs liberty and autonomy of women, by banning abortion even in cases of rape and incest (except in cases where there is a serious health risk to the mother). The Bill although does not make the woman criminally liable for the...
Why & Who To Apologize?
A very unfortunate episode, showing the arbitrary conduct of the West-Bengal Government towards the sacrosanct right to expression was partially ended with an un-called and forced apology by the accused- Priyanka Sharma, who was arrested and sent to the 14 days judicial custody, for just "sharing" a photo in which Mamta Banerjee`s face was morphed on the form of actress Priyanka Chopra, who is representing India globally, in the field of entertainment. She was picked up by the Police from...
Supreme Court: Caught Betwixt Populism And Activism
The UPA regime saw the Supreme Court become an important part of public discourse. The cancellation of spectrum and coal allocations defined the anti-corruption Campaign. In the run up to the 2014 elections, the Court's orders against the executive were seen as a reflection of its independence. Five years on the Court is struggling to remain credible. On one hand it appears to buckle under the diktas of a majoritarian Government; on the other it looks unsettled with a social media that demands...
A Note On The Supreme Court Judgment Relating The Constructions Carried Out In Maradu
CONSTITUTION OF INDIAArticle 300 A of the Constitution of India states that no person shall be deprived of his property save by authority of law. Entry 17 of List II of the Seventh Schedule of the Constitution of India – Water, that is to say water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of Entry 56 of List I. Entry 56 of List I of the Seventh Schedule of the Constitution of India -Regulation and development of...
Whether Section 143-A Of The Negotiable Instruments Act, 1881 Has Retrospective Application Or Not ?
Preface: The party who commits default in payment can be sued by a payee in the civil court by filing suit for recovery of money. However, the special provision of Section 138 under the Negotiable Instruments Act, 1881 (hereinafter referred to as the NIA) was inserted with effect from 01.04.1989 vide the Banking Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988. The object of the NIA is to enhance the acceptability of the cheques in settlement of liabilities by...
"Set Off" Under Section 428 Cr.P.C-In Reversal Of My Earlier View
INTRODUCTION I am changing my earlier opinion for the reasons to be indicated hereinafter. Section 428 of the Code of Criminal Procedure, 1973 (the "Cr.P.C" for short) enabling an accused person to set off against the sentence of imprisonment, the period of detention undergone by him at the pre-conviction stage is a new provision. There was no corresponding provision in the old Code i.e. the Code of Criminal Procedure, 1898. It was after noticing the...
We Cannot Allow Our Republic To Be Mortgaged By The Privileged Few
We the people gave to ourselves a "democratic republic". It is a republic if we can keep it(Benjamin Franklin). Have we been able to keep our republic? The answer is obviously no. Not the way framers of our Constitution would have wanted. Democracy is a government by the people and for the people. Therefore, a Democratic Republic revolves around this "public responsibility and trust." When we talk of the "republic", we pinpoint towards this responsibility and trust. This is the sole measuring...