Will The Trial Of Magisterial Offences By A Court Of Session Vitiate The Trial Rendering The Proceedings Void ?

The answer to this is in the affirmative as per a recent verdict of the High Court of Kerala in Suresh v. State of Kerala – 2018 (1) KHC 735 rendered in criminal appeal No. 633 of 2009. The learned Judge has held that such a trial by a Court of Session would be irregular and void.THE FACTS LEADING TO TRIAL  The accused in that case was the driver of a bus and it was alleged that due to his rash and negligent driving, the bus driven by him knocked down a pedestrian causing him fatal injuries to...

To Hear Or Not To Hear

A spectre of recusals, mostly voluntary i.e. sua sponte (on their own motion) has been haunting the Indian Judicial landscape in the recent past, and more particularly, the Indian Supreme Court. On 21st January, 2017 a report appeared in ‘Live Law’ that from January, 16 to 20 as many as six recusals have come to light in the Supreme Court. On December, 27 2017 a further news item appeared in ‘Bar and Bench’ that from December, 4 to 8, Seven Supreme Court Judges recused from hearing 10 cases and...

Will India Ever Have ‘The Post’ Moment, With The Official Secrets Act In Place?

Official Secrets Act has become an instrument of oppression at the hands of the establishment to witch-hunt those who dare to ask uncomfortable questionsAmidst the Vietnam war, the board of management of ‘The Washington Post’ was caught up in a severe dilemma as to whether it should publish sensitive and classified defense documents which revealed that the U.S Government had been always aware that there was no chance of winning the war, and that despite such concrete knowledge successive...

Post Legislative Review Mechanisms – Whether A Need Or Necessity In The Current Digital Revolution Age

Digital Revolution is in vogue and is here to stay. Many people have yet to realize just how rapid and profound the current digital revolution is, or how quickly it’s breaking down old institutions and changing the way of life. Virtually no part of our daily life has remained uninfluenced by these sweeping changes. Be it the way we communicate, the way we buy and sell, the way we do our banking, the way we commute, the way we dine – every minute aspect of our current day life, wherever we may...

The Supreme Court – Final but Infallible?

Last few months have been very eventful for the Supreme Court. A lot was shared, a lot was informed, a lot was discovered. In fact a lot of ink has flown on it as well. I, therefore, refrain from going into the flashback. I will restrict myself to two orders passed yesterday by the court and will attempt to answer few legal questions surrounding them. The past events remain important, howsoever, to understand the context of Part – II of this article.Part – IThe Supreme Court bench comprising of...

Evolution Of Law Of Corporate Insolvency [Part- IV] Dimension Of Role Of Resolution Professionals– Final Balance Sheet Of Progress

IRPs/RPs/Liquidators form the fifth pillar of the ecosystem under IBC. Unlike the previous regime under Companies Act, they are professionals with expertise in accounting/law/Secretarial practice/ relevant experience in the field. Criticality of their role can be gauged from the fact that on admission of application by NCLT, IRP assume power of managing the affairs of the debtor. After formation of creditor committee role of RP gets widened as RP has to co-ordinate a meeting of CoC and...

Why Tobacco is Res Extra Commercium?

Scientist and experts across the globe have unequivocally proved that tobacco use kills half of its user in their lifetime if they do not stop using tobacco (according to government sources tobacco consumption kills more than 900,000 people every year in India). Study also suggests tobacco, which is laced with nicotine, is a highly addictive substance, even more than heroin or cocaine. Over the counter, unrestricted sale of such products per se is an antithesis to the fundamental right to life...

Ineligibility Criteria U/S 29A Of IBC: A Net Too Wide !

Resolution plan is designated to be the "way-out" for insolvent entities coming under the Insolvency and Bankruptcy Code, 2016. The resolution professional appointed by the adjudicating authority constitutes a committee of creditors, invites resolution plans from prospective resolution applicants, and places the resolution plans before the committee of creditors. The resolution plan which is approved by the committee of creditors is submitted to the adjudicating authority for sanction. A...

Overbooking: Are Airlines Biting More Than They Can Chew?

In a video which went viral April last year, the world watched with horror the plight of an innocent passenger who was forcefully dragged out of a United Airlines aircraft on account of being ‘denied boarding’ by the airline. The incident brought into focus the policy of overbooking followed by airlines. Overbooking is the (mal)practice of airlines to book confirmed seats, more than the number of seats available on an aircraft. In such a case, although a passenger holding a confirmed ticket has...

The ‘Ideal’ Victimization: Rape, Farooqui, Stereotypes And More

The history of rape laws in most parts of the world goes back to the treatment of rape as a property crime against a woman’s father till the time she was unmarried, and against her husband after she got married.[i] Subsequently too, in seventeenth-century England, Sir Matthew Hale seems to give a ‘perfect idea of rape’ that could have been believed to have occurred. The complaint was prompt, the victim did not have a past sexual history and there were injuries on her body caused by the rape.[ii]...

Impact Of Cyber Technology On Foreign Policy: An Inquiry Into The Implications Of 12- Digit Biometric Unique Identification (UID)/Aadhaar Number For Indian Residents

In a series of three misleading tweets, Union Ministry of Electronics and Information Technology (MeitY)’s Unique Identification Authority of India (UIDAI) communicated security advice on November 11, 2016 through its Twitter handle @UIDAI. UIDAI’s tweet read: We urge you to be very discreet about your Aadhaar & other identity documents. Do not share the document no. or a printed copy with anyone. It further tweeted: Wherever you are submitting a copy of your Aadhaar, self-attest it and...

Evolution Of Law Of Corporate Insolvency [Part- III] Role Of Information Utilities & Issues Before Creditors Committee

Technology is the king in modern times. Things which were considered unimaginable are happening in split of seconds. Disruptive technologies are challenging the way we think, visualize and implement the things. Digital printing, blockchain technology, artificial intelligence, APIs are the things that will rule in the years to come and legal system cannot afford to remain aloof to such changes. The need and requirement of new generation, business, law, transactions cannot be met if we continue...