Articles
Superlative Injunction:Most Secretive Form Of Legal Protection
Injunctions are a familiar tool in the legal world. They're court orders used to prevent someone from doing something or, in some cases, to compel them to act. But what happens when even the existence of such an order needs to be kept secret? That's where superlative injunctions come into play a rarely used, high-level form of judicial protection that operates entirely in the shadows. Recently Delhi High Court issued first of its kind superlative injunction in favor of streaming channel giant...
When Does An Arbitration Clause Bind? – Reading Delhi High Court's Belvedere Judgment Against Wider Jurisprudence
The Delhi High Court's recent judgment in Belvedere Resources DMCC v OCL Iron and Steel Ltd. & Others[1] held that an arbitration clause in a contract whose terms were finalised over a series of WhatsApp messages, followed by an email with a soft copy of the agreement attached, satisfied the requirements of a valid arbitration agreement provided in Section 7 of the Arbitration and Conciliation Act, 1996 (“the Arbitration Act”). Although the Court dismissed the Petition for want of...
Framed, Not Freed: Bureaucratization Of Trans Identity In India
The judgment in NALSA v. Union of India (2014) was historic, not just for its re-imagining of transgender as a “third gender,” but also for rooting this re-imagination in constitutional morality. Based on provisions in Articles 14, 15, 19(1)(a) , and 21 of the Indian constitution , the Court reaffirmed entitlements to dignity, autonomy, and self-description— highlighting that gender identity is core to liberty. But declaratory power is only one side. A decade after, NALSA is more talked about...
Are We Still Chasing Ghosts? Anti-Dacoity Law And Outdated Justice In Chambal
The Chambal valley, consist of north Madhya Pradesh and the adjacent districts of Uttar Pradesh and Rajasthan, has long been infamous for dacoity, though this region always been a stronghold for powerful and organized gangs of dreaded dacoits. The land of ravines combined with worsening economic conditions created a favourable environment for the rise and operation of dacoits. The rise of dacoits, which often referred to locally as “baaghis” or rebels, originates because of poverty, feudal...
Right To Sit: Just A “Chair” Or Dignity “Denied”
Why is a simple right to sit come with a privilege and only given to those with dignity? A normal stroll to the neighborhood shops or a fancy mall can clearly reflect how these workers are made to stand for hours without a break. A matter of just sitting might look like an ordinary routine, but when it is denied, it might question the existing dominance of power and class that persists in our society. It represents silent oppression and divides the weak and reinforces control. What is a call for...
Freedom Of Creative Expression V. Popularity Test: A Constitutional Dissection
Recently, Janaki vs State of Kerala a Malayalam film starring Union Minister Suresh Gopi has faced an objection from Central Board of Film Certification (CBFC) for using the name 'Janaki' and producer was asked to change the name because the victim, named 'Janaki', is aggrieved by sexual assault. Janaki is the name of goddess Sita in Ramayana, thus carrying the emotional and mythological connection.This is not the first instance rather a film named 'Token Number' did face the same objection for...
Delivery Of An Arbitral Award- A Piece Of Legal Fiction
A Sole Arbitrator was appointed at Mumbai to adjudicate a dispute between the Claimant and the Respondent. He conducted the proceeding and prepared an Arbitral Award which was emailed to the Advocates for the parties. He awarded a hefty sum to the Claimant, much to the dismay of the Respondent.However, Section 31(5) of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) mandates that the Award “shall be delivered to each party” and no other; as was the law laid down by the Apex Court,...
Fixing Rate: How FPBAI's Currency Markup Became A Competition Law Flashpoint
A quiet 3% markup added to foreign exchange rates may not raise eyebrows in financial circles. But when a national publishing federation prescribes this rate uniformly and when that rate aims to determine the cost of thousands of academic journals and books, it remains not just a matter of accounting, but of antitrust.In Pranav Gupta v. Federation of Publishers' and Booksellers' Association in India (Case No. 38 of 2021), the Competition Commission of India (CCI) investigated the FPBAI's...
Custodial Death; A Unique Occurrence In India
In February 2025, the High Court of Justice in London, King's Bench Division, rejected the extradition of Sanjay Bhandari who was facing money laundering and tax evasion charges on the grounds that custodial torture was a 'Commonplace' and a widespread 'Epidemic' and extraditing him will cause a breach of his 'Human Rights'. The question now arises, whether this statement by King's Division Bench is a conjecture on the part of bench and is portraying India in a bad light?The answer to the above...
Of Profits And People: A Legal Odyssey Between Shareholder Supremacy And Stakeholderism
Professor Joe Badaracco in the documentary titled 'The Corporation' puts forward the idea that a Corporation is composed of a group of individuals who work for a bouquet of goals, the leading one of which is to earn huge sustainable and lawful return for the proprietors. The Civil War coupled with the Industrial Revolution changed the magnitude at which these corporations operated. The Corporations grew more power hungry, and they wanted to free themselves from the constraints which were imposed...
Female Labour Force Participation In India
In an economy chasing global status, why are so many women still absent from its workforce?The answer lies in a legacy of colonial labour divisions, entrenched patriarchy, and cultural norms that still dictate gender roles. Even when women work, they're often confined to informal, underpaid jobs, with little autonomy over their income. Legal rights exist, but social expectations continue to determine who works and who is expected to sacrifice.India's demographic dividend means little if half the...
Key Issues With Transgender Persons (Protection Of Rights) Act, 2019
On 15th April 2014, India's Apex Court delivered a landmark judgment in NALSA v. Union of India (2014 INSC 275), interpreting Article 14 as gender-neutral and recognizing the legal status of transgender persons. The judgment introduced a transformative interpretation of Articles 14, 15, and 21, considering the ongoing socio-political and legal discussions surrounding transgender rights. The Court also acknowledged the systemic injustices and marginalization faced by transgender people in every...