Mandating Dashboard Cameras: Enhancing Accountability And Safety In Vehicles

The increasing incidence of road accidents and traffic violations in India highlights the urgent need for enhanced safety measures and greater accountability on the roads. Recent cases of hit-and-run incidents, which are becoming alarmingly widespread across the country, underscore the necessity for substantial changes that can deter offenders and curb the sense of impunity some drivers feel behind the wheel. According to official data from the Ministry of Road Transport and Highways (MoRTH),...

Defending The Defenders: The Imperative Of Fair Representation In Law

In the annals of legal history, the role of lawyers has been both celebrated and vilified. However, the bedrock of any functional legal system is the unwavering principle that every individual, regardless of their side in a dispute, deserves representation. To castigate lawyers for appearing for any particular side undermines the very essence of justice. This article is intended to be an explainer of the legal position. The Magna Carta of 1215 and the Universal Declaration of Human Rights...

The Forgotten Creditors: IBC's Dual Approach For Homebuyers And Other Consumers

The Insolvency and Bankruptcy landscape in India underwent a significant transformation with the enactment of the Insolvency and Bankruptcy Code (IBC) in 2016. One of the most intriguing aspects of the IBC is its impact on consumers, particularly those who find themselves in precarious situations when companies they have transacted with go under the insolvency process. Imagine a scenario where a consumer buys a plane ticket, looking forward to a much-anticipated trip, only to find out the...

Set-Off Conundrum Under Insolvency And Bankruptcy Code, 2016

The Supreme Court recently in Bharti Airtel Limited and Anr. v. Vijay Kumar Iyer and Ors[1] [“Bharti Airtel Judgement”] has settled the issue on the applicability of the principle of setoff under Insolvency and Bankruptcy Code, 2016 [“IBC”]. The Division bench of Supreme Court of India comprising of Justice Sanjiv Khanna and Justice S.K.V Bhatti dismissed an Appeal filed by Bharti Airtel Limited [“Airtel”] under Section 62 of IBC. The bench by its judgement dated 3rd January, 2024 upheld...

High Time Supreme Court Acts To Stop 'Bulldozer Justice'

'Bulldozer justice' is a euphemism for instant retributive action against accused persons whereby their homes are demolished with much fanfare. In sensational cases where there is a lot of public outcry, authorities often resort to this 'short-cut' method to assuage public sentiments. The trend was initiated by Uttar Pradesh Chief Minister Yogi Adityanath, who is 2017 reportedly stated, “My government will bulldoze houses of anyone even thinking of perpetuating crime against women and...

The Temporal Scope Of The BNSS: A Legal Analysis Of Section 531(2)(a)

On July 1st, 2024, India witnessed a crucial transformation in its criminal justice system as the Indian Penal Code 1860, Code of Criminal Procedure 1973 (“CrPC/new Code”) and the Indian Evidence Act 1872, were repealed, giving way to three newly enacted laws, the Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023 (“BNSS”) and the Bharatiya Sakshya Adhiniyam 2023. Proponents of this legislative overhaul regard it to be a watershed moment – a deliberate effort to...

7th Anniversary Of Puttaswamy Judgment : Analysing Impact Of Privacy Right Declaration

Seven years ago, on 24th August 2017, 9 judges of the Supreme Court of India declared that the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and is a part of the freedoms guaranteed by Part III of the Constitution. The genesis of the above declaration was a batch of writ petitions filed in 2012 in the Supreme Court challenging the constitutional validity of the UID (Aadhaar) Project and the January 2009 notification of the central...

Economic Reservation In India: Sub Classification Of SC ST

Scheduled Castes (SCs) and Scheduled Tribes (STs) in India represent some of the most socio-economically disadvantaged groups, as recognized under the Constitution to facilitate equality initiatives. Historically, these groups have faced systemic barriers to equal opportunities in education and employment, often due to their perceived social inferiority. To mitigate these disparities, certain states, like Punjab, have sought to extend additional protections to the most marginalized...

From The Courtroom To The Classroom: Lessons For The Lawyers Of Tomorrow From The Life And Work Of M.K.Nambyar

In the history of legal profession, certain figures emerge as key guides, influencing progress with their profound wisdom and unparalleled efforts. Among such figures, Mr. M.K. Nambyar stands not just as a notable name but as an enduring source of inspiration for future lawyers. It's essential for young legal minds and law students today to explore the teachings and views of Mr. M.K. Nambyar. Though the law is complex, its foundational principles remain surprisingly straightforward—a paradox...

Blockchain Empowered Online Dispute Resolution: A Decentralized Approach To Enhancing Trust And Efficiency

With the emergence and assimilation of AI, multiple industries are going through a paradigm shift. This wave of AI has impacted the legal sector too, which till now relied on human judgement and interpretation. Today, blockchain is recognized as a turning point in the history of technology, having been first introduced by Satoshi Nakamoto in 2008. Further, as it was made popular by cryptocurrencies such as bitcoin, it garnered interest of the corporate world and dispute resolution...

The Doctrine Of Judicial Comity In India: Challenges And The Need For A Consistent Approach

The doctrine of judicial comity frequently appears in legal discourse, particularly in cases involving cross-border disputes. Recently, the Delhi High Court invoked this principle in the case of TWC Aviation Capital Limited v. SpiceJet Limited (2024 LiveLaw (Del) 605), where the court upheld the enforceability of orders passed by a UK court in Indian proceedings, citing judicial comity. This principle, which is partially codified in Sections 13 and 14 of the Civil Procedure Code (CPC),...

Safe Harbour Exemptions Available To Intermediaries: Exception Or Norm Under Digital India Act?

With around 800 million active internet users, the number of internet users has increased by leaps and bounds in India compared to 5.5. million users in the year 2000. The year 2000, was a revolutionary year of the internet in India not only because it saw the advent of cable internet and launch of sites like Yahoo, and eBay but also because of enactment of the InformationTechnology Act, 2000 (“IT Act”). The IT Act was enacted keeping in view the country's digital landscape and technologies...