Articles
Delhi High Court Issues Notice On Appeal Preferred By Sushant Singh Rajput’s Father Against Refusal To Stay Movie Based On Late Actor's Life
The Delhi High Court on Thursday issued notice on an appeal moved by the father of late Bollywood actor Sushant Singh Rajput against the single judge order refusing to injunct further telecast of the movie “Nyay: The Justice” based on his son’s life, which was released on OTT platform Lapalap in June 2021.A division bench of Justice Yashwant Varma and Justice Dharmesh Sharma sought response of the filmmakers and listed the matter for hearing on November 16.On July 11, the single judge had...
Splinternet: New Domain Of ‘Network Sovereignty’
The rising cases of internet shutdowns and the spread of online misinformation have divided online users into numerous often hostile factions. “An intentionally divided internet is a threat to business, innovation, and democracy” emphasized an article recently on MIT Management Sloan School highlighting the ways in which ‘splinternet’ is damaging society. As the battles in this digital age hinge on data’s manipulative prowess, questions arise: Can countries decide what is acceptable...
Why GNCTD (Amendment) Act 2023 May Not Pass Constitutional Test Despite Changes From Services Ordinance?
On August 12, the Government of National Capital Territory of Delhi (Amendment) Act 2023, which seeks to diminish the powers of the elected government of Delhi over services, received the assent of the President and came into effect from May 19, 2023.It may be recalled that May 19 is the date on which the President promulgated the GNCTD(Amendment) Ordinance 2023 containing similar provisions, a week after the Supreme Court’s Constitution Bench judgment in Govt of NCT of Delhi vs Union of India...
Electronic Evidence Under The Bhartiya Sakshya Bill, 2023: A Pandora’s Box To Be Reopened!!
With the introduction of new bill, the Bhartiya Sakshya Bill, 2023, the law of evidence in India is all set to change. With the new bill outgoes the law that ruled world of evidence for almost 150 years. Looking back at the jurisprudence, one can surely say that the evidence act in its present form did amazing job in dealing with the traditional cases pertaining to oral and documentary evidence. Where the language fell short, courts rushed to rescue. However, the present law was...
Ligature/Strangulation Mark On The Neck – Is It Really Suicide/Murder?
It is often observed that on finding a ligature mark on the neck of a person, the investigating agency would be quick to carry out investigation prima facie treating the case to be of either homicide or suicide, unmindful of the fact that it could very well also be a case of natural death whereafter a scene of crime might have been meticulously created to simulate suicidal hanging or homicide to falsely implicate other persons due to personal/political rivalry. In fact, it has been...
Beneath The Ground, Where The Air Of Freedom Is Still Lacking: The Evil Practice Of Manual Scavenging
On 15 August 1947 India became independent from the British Rule and at the stroke of mid-night, India rose to freedom, but unfortunately even after 76 years there are some citizens who can’t even feel the air of freedom because in those septic tanks, even their dignity isn’t counted. Even today caste remains a major source of occupational and class division in our country, at a time when we a holding talks on artificial intelligence, there’s a community which is making its...
Contribution Of Dr. Justice S. Muralidhar To Orissa Judiciary
“A great leader’s courage to fulfil his vision comes from passion not position.” The wordings of John Maxwell vastly demonstrates the very essence of Justice Muralidhar’s tenure as a Chief Justice in the High Court of Orissa. His passion for law and justice transcended beyond the fragile limitations of pride and prejudice prevalent in the legal fraternity. The bounds of his profession did not hinder his endeavour to enhance the functioning of the judicial set-up of Odisha and make it...
The Ambiguity Of Copyrightability Of AI-Generated Works
An increasing number of people are becoming aware of the usability of tools such as Chat GPT, DALL-E, and Midjourney. Undoubtedly, the influence of such tools is seen to be prominent in the creative realms, making it easier to turn your concepts into different forms of art by inputting the right prompts, but like any new trend which lacks formal legal endorsement, the sudden increase in the usage of generative AI exposes a plethora of legal questions and issues, one such issue is the...
Corporate Distress And Compassion: Integrating Humanitarian Values Into NCLT's Decisions
The Insolvency and Bankruptcy Code, 2016 (IBC) is a landmark legislation that aims to provide a speedy and efficient resolution of Insolvency and Bankruptcy cases in India. The IBC empowers the National Company Law Tribunal (NCLT) to admit and adjudicate applications for initiating Corporate Insolvency Resolution Process (CIRP) against defaulting companies. The IBC's primary goal is to establish a time-bound and efficient mechanism for resolving Insolvency and Bankruptcy in a transparent...
'Denying Information Under The Guise Of Data Protection' : Concerns Raised About Digital Personal Data Protection Bill Amending RTI Act
The Parliament passed the Digital Personal Data Protection Bill on Wednesday. The Bill seeks to provide protection to “personal data” and has provision to process it for “lawful purposes.”However, a significant change that the Bill has introduced is an exemption to provide personal information under Right To Information Act (RTI).Section 44 (3) of the Bill amends Section 8 (1)(j) of the RTI Act, which will have the effect of totally exempting personal information from disclosure.Section 8 (1)(j)...
Kerala Govt Decision To Appoint Justice Manikumar As SHRC Chairperson Raises Questions
The Kerala Government’s decision to appoint Justice S Manikumar as the Chairperson of the State Human Rights Commission within a few months of his retirement as the Chief Justice of the Kerala High Court raises questions.Post-retirement appointments, which take place soon after retirement, cast a cloud on the perception of judicial independence. Justice Manikumar had a fairly long stint as the Chief Justice of the Kerala High Court from October 11, 2019 till April 23, 2023. In April, a ‘secret’...