Articles
'Made In Japan' : Japanese Connection Of Article 21 Of The Constitution Of India
When most of us think of India's connection with Japan, what comes to our minds is the metro project , the proposed shinkansen and the massive grant in aid funding extended by the Japanese. What many of us are not aware of (and I suspect that also includes some members of the legal fraternity) is that our connection with Japan is not only restricted to technology, Sushi and Sake' but to the framing of a very significant part of a provision in the Constitution of India.Article 21 forms a vital...
When Erudition Meets Imagination : Farewell To Justice Naidu
It is not a common occurrence in a High Court to have a puisne judge from another state. Therefore, it was with great amusement that the High Court bar dealt with the news that a judge from Andhra Pradesh High Court was assuming charge in the Kerala High Court. Justice Dama Seshadri Naidu had a reputation which preceded him, and even before he assumed office on 30.06.2014, the 'background search' conducted by inquisitive members of bar revealed that he was a scholarly judge who had authored...
Section 96 Of The New Land Acquisition Act And Its Application To Land Acquisition Proceedings Under The MRTP Act
Tucked away in the sub-soil of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the New Act") is an obscure provision unearthed by crafty Accountants, much to the obliviousness of several learned Counsel and Advocates, that exempts the levy of income tax or stamp duty on awards or agreements made under the New Act. This provision, namely Section 96[1]finds place in the crevices of the Miscellaneous Chapter...
An Open Letter To All The Female Law Students In India Today!
Dear Ladies, I see you adorned in a black and white robe! You are already an epitome of empowered women to those in your inner circle. But if you have been around the corridors in the court, you know all too well, the sordid state of affairs for women in the legal profession, right from the lower courts, upto the Supreme Court. Around you, people may think that you are one strong, bold woman, who knows her mind and knows how to speak it too. And yet when you see the legal...
The Indian Women Who Fought Their Way Into the Legal Profession
India, a newspaper published by the Indian News Agency from London, Bombay and Poona city reported on September 1, 1916, that the 'latest attempt on the part of a woman to break her birth's invidious bar and get within the defences of a strictly guarded profession was made by a Bengali lady at the end of July.' The citadel that was sought to be breached was the impenetrable legal profession, and the 'Bengali lady' was Miss Regina Guha, of Jewish Bengali ancestry, who after completing her MA in...
Ignoring Seniority In Appointment Of Judges: A Principle For Convenience
The trinity of fairness, transparency and accountability form the bedrock of an effective and independent judicial system. Likewise, legal reasoning, justifiability and confirming to judicial ethics remains the hallmarks of judicial decisions, judicial appointments as well as judicial behaviour. Constitutionally speaking, this hexagon of judicial character shall remain entrenched in every decision concerning appointments of judges at all levels of judicial hierarchy. There cannot be...
