Articles
“Accustomed To Act” Test Under Indian Corporate Law – An Objective Critique Of The Inherent Subjectivity
Objectivity is a key attribute of any legislation. The element of objectivity is critical to ensure clarity in a way that there is little or no room for more than one interpretation. That said, history is witness to a plethora of cases of ambiguities in interpretation or legal “grey areas” which have been time and again evaluated and somewhat settled by judicial intervention. The interplay of subjectivity and objectivity in any statute lies at the core of such statute. While objectivity...
'What Is The Main Purpose Of Section 27 Of The Evidence Act? '
There is a popular misconception that the purpose of Section 27 of the Indian Evidence Act, 1872, is to lift the ban on “confession” made to a Police Officer as imposed by Sections 25 and 26 of the Evidence Act. It is not so. The essential purpose of Section 27 of the Evidence Act is not to render admissible a “confession” in the “disclosure statement” made by an accused to a Police Officer. Cases in which a “confession” in the “disclosure statement” becomes admissible under Section 27 of the...
Understanding SLAPP Suits Through The Lens Of Netflix Movie “Maharaj”
Currently featuring in the Top 10 on the Netflix charts, “Maharaj” is a courtroom drama based on the real-life Maharaj Libel Case. Set in 1862, it follows the life of a social reformer and journalist, Karsandas Mooljee who exposes the reality of a self-styled godman Jadunath Maharaj, also known as JJ. Ironically, the movie, which advocates for freedom of expression, was mired in controversy and faced a petition to halt its release for allegedly hurting religious sentiments. Fortunately,...
Assessing The Reliability & Admissibility Of AI Expert Opinion Report
The integration of artificial intelligence (AI) in the workings of various professions continues to yeild efficiency. However, the applicability of AI systems in the legal domain remains debated. One such debated aspect is around the admissibility of expert opinion report by AI. Under the Indian Evidence Act, 1872, the courts rely on opinion of the experts for issues concerning fields of science, art, and others in which the court does not have expertise. An expert, who gives his informed...
Freedom From Illegal Arrest & Prolonged Pre-Trial Custody : Supreme Court's Recent Pro-Liberty Judgments Rein In PMLA, UAPA
Although the Supreme Court has been an avid advocate and upholder of an individual's right to life and personal liberty under Article 21 of the Constitution, some of its decisions in the past few years ended up garnering public attention as being opposed to the well-settled "bail is the rule, jail an exception" jurisprudence.From outright denial of bail in some cases, to delays in hearing and listing of others, the court's manner of functioning attracted criticism from various fields. This...
Sub-Classification Of Scheduled Castes For Reservation, Creamy Layer Debate – Comment On State Of Punjab V. Davinder Singh (7 Judge-Bench Judgment)
A seven-judge bench of the Supreme Court on 1 August 2024 decided the issue of constitutionality of sub-classification within the Scheduled Castes for the purpose of reservation in public employment. The question was whether the State can give preferential treatment to some castes over other castes within the list of Scheduled Caste notified under Article 341 of the Constitution, based on the argument of some of the castes being more marginalised compared to others among the Scheduled...
The Lawyer Who Made Flying Visits To Courts
In the late fifties and sixties of the last century, a cherubic barrister would fly his L5 two seater plane all the way from Patna to Delhi with a refuelling halt at Lucknow. The second seat was occupied either by his white bearded senior munshi Majid, or his clean-shaven, janeu-wearing, dhoti-clad junior munshi Lakhan. He parked his little aircraft at the Safdarjung airport and went to argue his appeals in the Supreme Court. He would also fly in it from Patna to district towns in Bihar and...
India's Legislative Shield Against Infant Formula Risks And Lessons From The Abbott Case
The recent legal case wherein Abbott Laboratories was fined $500 million by a US jury for allegedly concealing the risks associated with its premature-infant formula, Similac Special Care 24, underscores significant ethical and legal considerations. This cow's milk-based product is implicated in causing necrotizing enterocolitis (NEC), a severe and potentially fatal bowel disease predominantly affecting premature infants. The case was initiated by the family of a premature baby girl who...
Amendments To Voluntary Delisting In India: An Analysis
The Securities and Exchange Board of India (SEBI) approved some proposals to amend the country's current legal framework on 27 June 2024, which dealt with the delisting of equity shares from public markets (Proposed Amendments). It is anticipated that this will address concerns that have deterred attempts to delist companies from Indian capital markets. The Securities and Exchange Board of India (Delisting of Equity Shares) Regulations 2021 (Delisting Regulations), which set forth the...
Safeguarding Litigant Dignity: Embracing Judicial Restraint And Mutual Respect In Courtrooms
The recent judgment by Justice M.Nagaprasanna of the Karnataka High Court, which quashed the prosecution of a husband under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act, has sparked considerable debate and has been widely reported by various media outlets. Beyond its legal implications, the judgment raises significant concerns about the dignity of a litigant in the judicial process, given the nature and tone of the judicial remarks directed against the complainant...
Sanctity Of Restrictive Covenants In Employment Contracts
Nowadays non-solicitation clauses and non- compete clauses, a type of restrictive covenant, have increasingly become a matter of litigation between employers and employees. Restrictive covenants: An employment contract generally includes restrictive covenant clauses to protect the interest of the employer after an employee leaves their organization or business. In most of the cases employees will not have any bargaining power while entering into an employment contract, as they are...