Spotlight On Recent Appointments To Supreme Court: Justice PV Sanjay Kumar

A general criticism of the Indian Courts has been that very little is known to the public about the judges being recommended by respective Collegium before their appointment, on merit and suitability. A designated Secretariat ideally should do the job, unfortunately we don’t have such a mechanism. Livelaw has taken an initiative to share relevant information about the appointees and we are starting with the appointments to the Apex Court. The focus is to shed light on some of their significant...

Supreme Court Judgement In Balram Singh vs. Kelo Devi - A Critique

Whether the legal proposition laid down by the Supreme Court in Balram Singh vs. Kelo Devi [2022 LiveLaw (SC) 800] prescribing a blanket bar in passing a decree for specific performance of a contract based on an unregistered document/ agreement to sell immovable property is a dictum applicable pan India? This question has been raised by many in the legal fraternity.In Balram Singh, a contention was raised on the side of the defendant/ appellant that the agreement to assign immovable...

Restrictive Interpretation To Section 438 Of The Code Of Criminal Procedure

The High Court of Allahabad has held that (Rajesh Kumar Sharma Vs. C.B.I.)[1] the application for anticipatory bail (Sec 438 CrPc) shall not be maintainable if the person is already arrested and is in custody in relation to a different case. For arriving at the conclusion, the court has wrongly relied upon the judgments of the Rajasthan High Court in Sunil Kallani vs State of Rajasthan,[2] and the Apex Court in Narinderjit Singh Sahni and Another vs U.O.I And Others[3], According to the...

Exclusionary Conduct Of Competition Law In India And The Jurisprudence Behind It

Anti-trust laws are essentially the Magna Carta of free enterprise. In principle, the aim of anti-trust laws is to protect the integrity and core of free market in an economy by protecting dissipation of monopolistic power in the hands of dominant individual enterprises and protecting consumer interests in the process. However, dwelling into the jurisprudential context of why and how should competition laws even exist in an economy, we find that while these laws serve to regulate and act...

Is Artificial Intelligence The Next Big Thing In The Field Of Law?

It’s nothing but a paradox. We often talk about the Justice system as an antidote to human failures - the duty of the state to punish perpetrators of crime who often give in to intense passions of jealousy, deceit and misdemeanour. But what if this very system of justice is unable to maintain fairness and reeks of another human failing – biasness? What if the system, to begin with, is not even diverse enough to represent the society as a whole? It is undeniable that as humans we are...

Need To Stop Hate Speech On TV News Channels

How many times have you taken off anchors? Have you dealt with anchors in the way you send a message?” These questions were asked by the Supreme Court (SC) from News Broadcasting Standards Authority (NBSA) while hearing a batch of cases involving allegations of hate speech. This evidently shows the anxiety of the SC on absence of any institutional mechanism to regulate the TV News anchors spreading hate speech. The Bench also wondered why the government has become a “mute spectator” to this...

10 Important Data Protection Practices To Keep In Mind For A Startup In India

Recent years have seen a digital boom worldwide resulting in the explosion of digital data collection and distribution. This issue has raised the important question of how to deal with this huge amount of data being collected by the companies all over the world. Various countries have formulated laws in order to deal with the issues of data privacy and data protection. India has come a long way in dealing with the data privacy and protection starting with the enactment of the...

Payment Of EPF Dues Under The IBC – Supreme Court Paves Way For Full Realization

In Ghanshyam Mishra and Sons Pvt. Ltd. v. Edelweiss Asset Reconstruction Company Ltd. , the Supreme Court had clarified that any claim not approved under the resolution plan by the Adjudicating Authority shall stand extinguished. The Apex Court had upheld the Insolvency and Bankruptcy Code (Amendment) Act, 2019 wherein the governmental authorities had been classified within the ambit of operational creditor under Section 5(20) of the Insolvency & Bankruptcy Code, 2016 [Code]. ...

Care, Rights of Abortion Survivors

The Indian Judiciary in accord to ascertain women’s rights or equality rights strives to locate the possibilityof abortion even after the gestation limit of 24 weeks under section 3(2)(b) of the Medical Termination of Pregnancy (Amendment) Act, 2021. What if the child so aborted is born alive? The enigma is to balance — the rights of women i.e., “pro-choice” and rights of an abortion survivor i.e., “pro-life. Be it may any situation — a pregnant minor, a rape victim, or foetuses’...

Discretionary Power of Arrest Under Section 41A Of The CrPC

Section 41-A CrPC was aimed to avoid unnecessary arrest or its threat looming large on the accused which required to be vitalised. Section 41-A as inserted by Section 6 of the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), However after the enactment of the said amendment, various representations were received by the Union Government, Thus, some specific amendments were brought in by the Code of Criminal Procedure (Amendment) Act, 2010 (41 of 2010). The earlier...

Can NCLT Conduct A Full-Fledged Trial?

Tribunals have always had an urban legend surrounding them that their proceedings are only summary in nature and they can render only prima-facie findings and are devoid of jurisdiction while adjudicating a matter revolving disputed facts. The perception concerning National Company Law Tribunal (“NCLT”) finds no exception to this. To uncover the same, this article attempts to analyse various provisions and judicial precedents, to answer the whether the NCLT under the Companies Act, 2013...

The Designer Baby Quandary- An Insight Into Gene Editing And Its Legality

Gene editing or genome editing, a type of genetic engineering is a method of altering an organism’s DNA. it may involve adding, removing or altering the genetic material in the genome. A prominent one among the various developed approaches is the CRISPR-Cas9 (Clustered regularly interspaced short palindromic repeats) approach. The prominence of this approach emerges from its increased efficiency, accuracy and being comparatively cheaper in relation to the other methods.The avid interest...