Fali Nariman-The Peerless

“Lawyers in India never retire; they simply drop dead”, remarked Fali S. Nariman. He proved the truth of that remark. Agile and active for his 95 years till February 20, Fali, as he was affectionately known across the board, was finalisng his written submissions in a pending Constitution Bench case till late night and quietly passed away in the wee hours of February 21 bringing the curtain down on a unique and illustrious life and career. His passing has removed from the scene perhaps the...

When I Briefed Mr. Fali Nariman

It was February 2014, when 49 day- old government, led by the Aam Aadmi Party (AAP) in the National Capitol Territory of Delhi, had resigned with the recommendation of dissolution of the assembly and immediate conduct of the election to the Delhi Legislative Assembly, but, the Central Government had gone against the above recommendation and imposed the President Rule, under Article 239AB of the Constitution of India. Mr. Arvind Kejriwal, the leader of AAP, had apparently not expected this and...

Analysing The Dynamic Effects Of Registration In Trademark Infringement In Light Of Dr. Reddys Laboratories Ltd. V. Fast Cure Pharma

Recently, the Delhi High Court in Dr. Reddys Laboratories Ltd.v. Fast Cure Pharma[1] ruled that “Trademark Rectification Petition can be filed in any High Court within whose jurisdiction the dynamic effect of the trademark registration is felt”. Justice Hari Shankar while deciding the case said that “the Registrar, who could exercise jurisdiction under Section 47 or Section 57 would undoubtedly be the Registrar who granted registration to the impugned mark, the High Court which could...

Fali S Nariman : A Look At His Legendary Career & Landmark Cases

“I Have Lived and flourished in a Secular India. In the fullness of time, if God wills, I would also like to die in a secular India." - Fali S. Nariman, Before Memory Fades: An AutobiographyFali Sam Nariman, an eminent jurist of unparalleled distinction, has left an indelible mark on the landscape of Indian law with his exceptional legal acumen and unwavering commitment to justice. Born on January 10, 1929, in Rangoon (now Yangon), Myanmar, Nariman embarked on a remarkable legal career that...

Remembering Fali S Nariman: A Noble and Brilliant Jurist

I remain deeply saddened to learn about the demise of Fali S Nariman, a towering figure in the legal fraternity and a champion of constitutional and human values. He passed away at the age of 95, leaving behind a legacy of remarkable achievements and a profound impact on the country's judicial system.Fali S Nariman was a jurist par excellence, a senior advocate of the Supreme Court since 1971, and a former President of the Bar Association of India from 1991 to 2010. He was honoured with the...

Some Reflections In The Wake Of 'Jail Is The Rule, Not Bail' Law

The recent judgment of the Supreme Court in Gurwinder Singh vs. State of Punjab[1] holds the view that 'jail is the rule and bail is the exception', in Unlawful Activities (Prevention) Act, 1967 (UAPA) cases . The court observes: “18. The conventional idea in bail jurisprudence vis-à-vis ordinary penal offences that the discretion of Courts must tilt in favour of the oft-quoted phrase - 'bail is the rule, jail is the exception' - unless circumstances justify otherwise - ...

Use Of Unrelied Documents During Framing Of Charge: Time To Revisit State Of Orissa Vs Debendra Nath Padhi

The right to fair trial is at the heart of the principle of Rule of Law in India . The concept of Rule of Law is identified as part of the basic structure of the Constitution of India. The Supreme Court of India has expanded the horizons of the right to fair trial by giving purposive interpretation to Article 21 of the Constitution. A very recent addition in 2021 in this journey is incorporation of the disclosure requirements in the guidelines issued by the Supreme Court with respect to...

A Fillip To Democracy : Supreme Court's Electoral Bonds Case Verdict

On Thursday(February 15), the Supreme Court of India gave a much needed fillip to our democracy. Through a unanimous verdict of five judges, in Association for Democratic Reforms v. Union of India (with opinions written by Chief Justice DY Chandrachud for himself and three others and by Justice Sanjiv Khanna for himself), the Court affirmed the central idea that our freedom to vote with full information is inherent to our right to political equality. In so declaring, the court ruled as...

Anti-Arbitration Injunctions: Stepping Towards Uniform Jurisprudence

Recently, the Delhi High Court issued an anti-arbitration injunction (AAIs) with respect to arbitration proceedings before the Permanent Court of Arbitration, The Hague, in the case of Techfab International Private Limited v. Midima Holdings Limited citing the lack of party consent as a bar to the jurisdiction of the arbitral institution. AAIs have long been a subject of controversy with scholars and practitioners labelling it as infringement upon the tribunal's right to decide its own...

Censorship Or Modernization? India's Broadcasting Bill 2023

The Ministry of Information and Broadcasting ("MIB") on November 10, 2023, issued the draft Broadcasting Services (Regulation) Bill, 2023 (the "Bill") to receive feedback from public and/or the concerned stakeholders. The Bill certainly attempts to consolidate the existing regulatory laws and regulations that apply across the broadcasting industry in India into a single legislative framework, replacing the nearly three-decade-old Cable Television Networks...

Is The Consent Of A Minor Victim Of Rape Required For DNA Testing Of Products Of Conception (PoC) Or Of The Baby Born As A Result Of The Assault?

The article deals with consent requirements for a DNA test of a child or products of conception (PoC)[1] of a minor victim of rape in two situations - a. As part of medical examination for offences under the POCSO Act and rape and b. As part of declaration of a surrendered child legally free of adoption under the Adoption Regulations, 2022, by the Child Welfare Committee. Relevant Legal Framework Requirement of Consent The procedure for medical examination of a victim of rape...

Artificial Intelligence: India Lacks Clear IP Laws Around AI Results

With recent advancements in artificial intelligence technologies, such as ChatGPT, the days of searching several results on Google for a single inquiry are long gone. Instead, material tailored to the user's query is now provided. OpenAI created the ChatGPT AI model, which is intended for conversational exchanges. It can produce content, respond to inquiries, provide clarifications, and have interactive text-based discussions on a variety of topics. With the launch of ChatGPT, the debate...