Can A Complaint Be Amended In 138 Case(s)?

Baring police cases, all cases in India start and depend upon the written instruments. In civil cases, plaintiffs begin their cases with filing requisite plaints, whereas in private criminal cases, complaint in writing marks the initiation of the cases. Ergo, it is inevitable that the drafting of cases become paramount importance as the fate of the cases are based upon such written instruments, and the real factual scenario takes a back seat and often go out of the picture and everything...

Reviewing The Role Of An Advisory Board Under Preventive Detention Law

Recently, a three-judge Bench of the Supreme Court in Nenavath Bujji v. State of Telangana,[1] explained the 'proactive role' that an Advisory Board is expected to play while reviewing preventive detention orders. The Court explained that the Board should not only analyse the subjective satisfaction of the detaining authority but also check whether the “… detention is against the spirit of the Act or in contravention of the law as laid down by the courts”. The procedure adopted before...

Two Finger Test: A Bain To Women's Dignity

“The use of the two-finger test or the Per-Vaginum examination has no scientific base and is an affront to a woman's dignity.” In May 2013, the use of the two-finger test was declared unconstitutional by the apex court. Further, in March 2014, the Ministry of Health and Family Welfare issued guidelines for the medico-legal care of sexual violence victims/survivors which banned the two-finger test as the size of vaginal introitus has no relevancy in a case of sexual violence. The...

No Fear As It Is All Numbers - Generally 1 Out 3 Candidates Pass The Advocates-On-Record Examination

Drawing an analogy, from the one who has failed in an examination after properly preparing and attempting it, should not be regarded as having no tales to tell and guide, I say it with conviction, even after securing second (2nd) rank in the Advocates-on-Record Examination in the year 2023, that similarly, the experience of a topper should not be taken to be the linear success curve for the potential candidates to follow their path to the success; in essence, neither the failure is a fool, nor...

Powers Of The DRT To Condone Delays In Filing Applications Under Section 17; A Question Put To Bed?

Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ['SARFAESI Act' or 'the Act'] provides for the borrower of a secured loan a remedy to challenge any action taken by a creditor against his property by filing a Securitisation Application ['SA']. The provision prescribes a limitation period of 45 days for filing an SA before the Debt Recovery Tribunal ['DRT'] from the date on which such a measure, as contemplated under ...

Should We Leave Ensuring Fundamental Right To Mere Faith?

The verdict of the Supreme Court in Writ Petition (Civil) No. 434 OF 2023, Association of Democratic Rights v. Election Commission of India, raises more questions than it answers, especially regarding the technological operation of the Electoral Voting machines. It is very heartening that the Court has reiterated that it is the fundamental right of voters to ensure that their vote is accurately recorded and counted. But how far has the court gone to ensure the above?Software not...

Revisional Jurisdiction Of Criminal Courts: Constricted?

Many a time, criminal courts pronounce orders which may have a patent defect or any error of law. In such a scenario, an aggrieved party looks for answers to such orders and this is why, the legislature in its wisdom, has prescribed a remedy to set right a defective order in the form of revision, under the Code of Criminal Procedure, 1973 (CrPC, hereinafter). The revisional jurisdiction of the criminal courts is a very narrow one and cannot be exercised casually or routinely. It cannot be...

Victim: The Conundrum Over Definition

Criminal justice systems around the globe exist to safeguard the interest of society as a whole where states act Parens Patriae. In our country the criminal justice system criminal justice system often focuses on the accused's rights and procedural formalities surrounding the linchpins of criminal justice systems viz the Court and investigating agencies so much so that the needs of victims, whose stake too is of great consequence, get shaded.Who is a Victim.Declaration of Basic Principles of...

Standard For Independence Of Independent Directors; A Lesson From Delaware

Tesla and Elon Musk found themselves in a legal battle with their shareholders in 2018 with regards to Elon Musk's pay package worth USD 56 Billion, which according to some of the shareholders was unfair. Finally, the decision was rendered in January 2024 where the Court of Chancery of the State of Delaware, a court which holds a reputation for fairness, experience, and expertise in presiding over corporate disputes, held that the process leading to the approval of Musk's compensation plan was...

Sir Asutosh Mookerjee - The Renaissance Man: A Centennial Tribute

If greatness consists in the combination of character and intellect of the highest order and if it is to be judged by the enduring value of solid work done in the fields of thought and action and its lasting impact on people and events, Sir Asutosh Mukhopadhyay was undoubtedly one of the most outstanding men, one of India's greatest sons. Mathematician, lawyer, judge, jurist, educationist, he was all this and more- greatness personified, great in the truest and noblest sense of the term. 25th...

Supreme Court Concludes The Question Of Jurisdiction Under Section 29A Of The Arbitration And Conciliation Act, 1996

The Supreme Court has recently settled the question as to which 'Court' possesses the jurisdiction to determine and decide an application under Section 29A of the Arbitration and Conciliation Act, 1996 (“Act”).[1] In the CE, PWD judgment, the Petitioner challenged an order of the High Court of Meghalaya, which held that the power to extend the mandate of an arbitral tribunal under Section 29A (4), vests with the 'Court' which may be the Principal Civil Court of a jurisdiction or a High...

Need For Gender Mainstreaming In Online Higher Education In India

Gender mainstreaming is a strategic approach that seeks to promote gender equality by including a gender viewpoint into every step of policy development, planning, and execution. This approach guarantees that the design, implementation, monitoring, and evaluation of policies and programmes in all sectors take into account the views and experiences of both women and men. The primary objective is to advance egalitarianism and counteract prejudice. Gender mainstreaming considers the distinct...