Plant & Machinery: The Dilemma Continues

The sigh of relief heaved by the industry in the wake of the judgement of the Hon'ble Supreme Court in the case of Chief Commissioner of Central Goods and Service Tax & Ors v. M/s Safari Retreats Private Ltd. & Ors [Civil Appeal No. 2948 OF 2023] has been brought into question by the recommendation of the GST Council in its 55th Meeting held on 21.12.2024.The Supreme Court in Safari Retreat held that the expression used in Section 17(5)(d) is 'plant or machinery' which is distinct from...

A Child's Voice In Corridors Of Indian Justice In Child Custody Cases

Besides domestic Interparental child custody conflicts raging all over internally, a 30 million global Indians over the globe, have generated an immense spurt in intercountry, interparental child abduction both to and from India. Not being a signatory to the Hague Convention on Civil aspects of International Child Abduction, 1980, child custody disputes are decided in India on the welfare of the child principle. Foreign Court Orders form only one criteria of consideration....

Fresh Enrolments With UP State Bar Council: Delayed Process, Anxious Candidates & Dreams On Back-Burner

On July 30, 2024, the Supreme Court delivered a landmark judgment, ruling that the exorbitant enrolment fees imposed by State Bar Councils (SBCs) infringe upon an aspiring lawyer's right to choose a profession and dignity. The bench led by CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra held in Gaurav Kumar v. Union of India 2024 LiveLaw (SC) 519 that the enrolment fee cannot exceed Rs.750 for advocates belonging to the general category and Rs.125 for advocates belonging...

Delivery Boy To Civil Judge – A Story That Inspires

The life trail of Advocate Yaseen Shan Muhammed who came second in the Kerala Judicial Services Examinations 2024 and qualified to be a Civil Judge is truly inspirational. The key to his success, according to Yaseen, is sheer determination and hard work. Turning the pages of Yaseen's book of life would give hope to many who feel that their future is bleak, dumped and depressed. LiveLaw interacted with Yaseen and we are proud to share his story for our readers. Yaseen hails from Palakkad...

Whether A “Prosecution Witness” Can Be Cross-Examined By Resort To Both The Limbs Of Section 145 Evidence Act (S.148 BSA) With Regard To His161 (3) Cr.P.C. (S.180 (3) Of BNSS) Statement

In order to fully grapple with the issue, it may be necessary to closely examine the wordings of the relevant portions of Section 162 (1) Cr.P.C. and its proviso corresponding to Section 181 (1) of Bharatiya Nagrik Suraksha Sanhita, 2023 (“BNSS” for short) and its proviso. The scope and amplitude of Section 145 of the Evidence Act corresponding to Section 148 of the Bharatiya Saksya Adhinayam, 2023 (“BSA” for short) also will have to be looked into.S.162 (1) Cr.P.C., 1973S.181 (1) BNS, 2023162:...

Laws Governing Gold Savings Schemes By Jewellery Brands

Gold Savings Schemes are schemes generally offered by the jewellery shops allowing the consumer to purchase gold by making monthly payments not exceeding 11-12 months. For Gold Savings Schemes, generally the jewellers waive off / provide maturity discount for one / few month(s) (generally last month) of investment for the consumers. Though, the same is not mandatory in nature. Such a scheme benefits the consumer to purchase gold after its instalments at a reduced price (since the...

Emerging Threat For “Original” Lists Of Scheduled Castes/Scheduled Tribes Published Under Article 341 Of Constitution

The issue of Scheduled Castes and Scheduled Tribes (SC/ST) inclusion in India has long been a contentious and delicate matter, rooted in the complex interplay of history, politics, and constitutional safeguards. As enshrined in Articles 341 and 342 of the Indian Constitution, the sanctity of these lists is intended to protect the rights of communities that have been marginalised historically.However, recent developments and actions by state governments have sparked significant debates over the...

Bharatiya Vayuyan Vidheyak 2024: How Different Is It From Aircraft Act 1934?

Today, the Indian aviation market is one of the fastest growing in the world and is already 3rd largest in terms of passengers flown approximately 1.5 crore per year handling over 220 million domestic and international passengers along with almost 100,000 annual flights on aggregate. 2023 is a historic year in India's aviation history as all Indian airlines placed an order for over 1100+ aircraft in one year! New airports and facilities are being developed in almost every corner of the...

75 Years Of The Constitution And The Court: A Fascinating Journey

This year marks the 75th year of our Constitution which was finally approved by the Constituent Assembly and adopted with all fervour and enthusiasm on November 26, 1949. Some of the provisions came into effect that day itself. November 26 is now celebrated as Constitution Day. The vast majority of the provisions of the Constitution came into force on January 26, 1950. January 26 is celebrated as Republic Day.The aspiration to make power impersonal and its exercise accountable has been the...

Artificial Intelligence, Trademark And Copyright: Emerging Issues

Full Text of Professor Shamnad Basheer Memorial Lecture delivered by Justice Gautam Patel, Former Judge, Bombay High CourtGood evening. My thanks to LiveLaw for this opportunity to present a few thoughts. The previous speakers in this series are a formidable galaxy — Chief Justice Muralidhar, Justice S Ravindra Bhat, Chief Justice DY Chandrachud and Professor Mohan Gopal. The subjects of their lectures range from legal education to fundamental rights, disability rights and the judiciary. Every...

Immortality In Metaverse: Exploring Social, Legal & Psychological Challenges

Metaverse is an intersection of cyber-physical social system that gives rise to a multi-user, post-reality, fully immersive 3-D cyberspace by amalgamating Augmented Reality (AR)[1], Virtual Reality (VR)[2], Extended Reality (XR), Artificial Intelligence (AI)[3] and blockchain technology[4]. It originated from the Greek root 'meta', meaning after or beyond, combined with the word 'verse', which means the universe and can be used as a metaphor for thephysical world. It enables...

The Unconstitutionality of 129th Constitutional Amendment Bill , 'One Nation, One Election'

The Union Government is ready to push its most ambitious Constitutional amendment since the NJAC- dream to conduct all the elections one time in the year. Bill no. 275 of 2024 [“Bill” hereinafter] & Bill no. 276 of 2024 is tabled for discussion in the Parliament. The pressing question is: will it pass the test of Constitutional scrutiny or face a similar demise? Earlier this year in September 18, 2024, Union Cabinet had accepted the recommendations of the High-Level Committee...