The Forensic Nuances Of Saumya’s Case, Examined

Even though the media, both print and electronic, is responsible for sensationalizing the tragic death of Saumya beyond all proportions by resorting to the much criticized mode of trial by media, this article is not written to quench the curiosity of the media or of the general public; nor is it attempted as a review in disguise. My only endeavor is to independently analyze the legal issues flowing from the facts concurrently found by the trial Judge and the High Court in the case which had...

India’s “Soft” Intervention

On 15 August 2016 as he addressed the nation, Prime Minister Narendra Modi mentioned that people of Balochistan, Gilgit and Pakistan occupied Kashmir have thanked him. This was clearly in reference to an earlier discussion that Mr. Modi held at an all party delegation at Jammu & Kashmir where he wowed to take up before the international arena, the atrocities committed by the Pakistan government in these areas. It is said that the reference to Balochistan by the Prime Minister is...

Right Of Admission Reserved

Social media has been abuzz with posts and tweets slamming a restaurant in Kolkatta which allegedly denied entry to a driver for xyz reasons. Previously too, one has heard of similar incidents - a lady was refused entry in a Five Star Hotel in Mumbai because she was wearing chappals, in July 2014 a sitting Judge of the Madras High Court, a senior advocate practising in the same court and a lawyer from Madurai were denied entry into the Tamil Nadu Cricket Association (TNCA) Club for having come...

“Such a fine, old world lawyer”

When I became a lawyer forty years ago, I joined an unusual chamber. There were two senior counsel heading and sharing it. And they were committed to each other in a relationship which didn’t need a legal cloak; they were open, honest and courageous about it. They were the late M.K.Ramamurthi and the now late Shyamala Pappu.  Though I joined as Ramamurthi’s junior, it was Shyamala who gave me my first gown. Between all of us juniors, it was understood that whoever you joined, you were the...

One year of the 21st Law Commission; Nil Report!

Vide notification dated 14.09.2015 in the Official Gazette, the 21st Law Commission was constituted with effect from 01.09.2015 to 31.08.2018. More than a year out of the three granted has passed, but the present Law Commission has surprisingly not submitted any report till date. The 20th Law Commission headed by Justice A.P.Shah had raised the standards by quality of recommendations and the quantum of work undertaken. The 21st Law Commission has strangely not followed the tradition and has...

Simultaneous Election To Parliament And Assemblies

The President, Dr.Pranab Mukherjee, has reportedly supported the idea of simultaneous elections being conducted for the Lok Sabha and the State Assemblies. Prior to him, the Prime Minister had also given a call advocating such polls. Way back in 1999, the Law Commission of India in its 170th Report on Reform of Electoral Laws recommended “..... yet the holding of a separate election to a Legislative Assembly should be an exception and not the rule. The rule ought to be one election once in five...

Trial By Media

IntroductionThis article was originally confined to the objectionable parallel trial by the media, of a case which may be the imminent or current subject matter of a trial before a Court of justice. Although the above objective has, by and large, been adhered to, certain supervening incidents persuaded the author to marginally digress from the bad effects which a trial by the media can cause to the administration of justice. THE FOURTH ESTATE AND THE NEED IF ANY, FOR ITS EMPOWERMENTThe term...

Muslim Personal Laws And Its Nuances

The present discourse is distinguished by the infamous politics of ‘Muslim Personal Laws’ and arcane resistance to the possibility of common code by the All India Muslim Personal Law Board (AIMPLB) through an affidavit submitted to the Supreme Court of India. In the cacophony of the debate the most strident question has been side-lined as whether or not Muslim personal law is a codified law that deals with the personal matters like marriage, divorce, inheritance, maintenance, adoption and...

Collegium System Must Be Re-evolved

The facts highlighted by Justice J Chelameswar, in his letter addressed to the Chief Justice of India, need very serious and immediate consideration because of a growing fear all around that a big tussle is going on between the Executive and the Judiciary. Appointment of judges to the High Courts and the Supreme Court cannot be reduced to a mechanism of utmost secrecy, known only to four or five persons in the country who are supposed to be members of a Collegium of a small dimension. This is...

Indian Copyright Act Now Covers Internet And Online Streaming – Statutory Licensing Requirements

The Department of Industrial Policy and Promotion (DIPP) on 5 September 2016, issued an Office Memorandum  clarifying that internet broadcasting companies come under the purview of a broadcasting organization under section 31 D of Copyrights Act, 1957.  Accordingly, such internet broadcasting companies should obtain a statutory license.The Copyright Amendment Act 2012, inserted section 31D that any “broadcasting organization communicating to the public” of any literary, musical work or sound...

Commercial Courts, Another Attempt By The Government To Reduce Overbearing Litigation Numbers

In order to take forward and accelerate the agenda of the “Ease of Doing Business” and “Make in India”, the Commercial Courts, Commercial Division and Commercial Appellate Division of the High Court’s Act, 2015 (the “Act”) has been promulgated, which provides for the constitution of Commercial Courts and the establishment of Commercial Divisions and Commercial Appellate Divisions in the High Courts to adjudicate Commercial Disputes for achieving the motive of swift and speedy enforcement of...

Court Fee – Call For Rationalisation

I have been a lawyer in the Punjab and Haryana High Court since 1990. I am baffled by the differential court fee applicable in different types of cases filed in the High Court. Many a times objections are raised by the Registry on the court fee affixed and one can loose out on precious time trying to remove such objections and re-filing the case. If I, and my clerk, end up pulling our hairs on many occasions, I shudder what the public has to go through.Just have a look at the court fee...