Articles
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...
The Doctrine Of Per Incuriam In Indian Jurisprudence: Implications And Judicial Responses
The Indian higher judiciary, represented by the Supreme Court and High Courts, plays a crucial role in adjudicating and interpreting laws within the country's legal framework. The decisions these courts render serve as binding precedents for the lower judiciary, guiding the application and interpretation of the law. Article 141 of the Constitution of India has the binding nature of Supreme Court rulings, stating, "The law declared by the Supreme Court shall be binding on all courts within...
Bombay High Court Judgement Celebrates The Purpose Of Right To Education
On 19th July, Bombay High Court ruled that the Maharashtra Right of Children to Free and Compulsory Education (Amendment) Rules 2024 is ultravires to the Right to Education Act 2009 and Article 21 A of the Constitution of India. The amendment added a proviso in Rule 4 (5) of the Maharashtra Right of Children to Free and Compulsory Education Rules 2011 which reads that “Local Authority shall not identify the private unaided schools where Government schools are situated within a radius...
Institutionalizing Stipend System For Young Litigation Advocates
With recent Hon'ble High Court of Judicature at Madras Judgment[1] on stipend to young advocates, many multi-faceted discussions have come up as to the implementation of the same. Although of Tamil Nadu and Puducherry has issued a circular intimating the order to all the lawyers and for implementing the same. The responsibility to provide stipend falls on the Advocates and Senior Advocates, which may discourage the Seniors from engaging the young advocates itself. The most basic...
The Lacuna In POCSO 2012 In Terms Of Exposure Of Children To Pornography
The intentional exposure of children to pornography and other such obscene material has been a long-standing issue which plagues society. It is something which has conclusively been proven through various research and studies to affect the overall mental and physical development and well-being of a child in a very deleterious manner. It is perhaps in recognition of this very fact that the legislature, when drafting the POCSO Act 2012, specifically included a specific provision to deal...