If Circumstances Warrant, A Judge, Wrongly Appointed, Does Not Become Immune From Action: Supreme Court In 2008

As the Supreme Court is set to hear petitions challenging the appointment of L.Victoria Gowri as a Judge of the Madras High Court today, it has to come to terms with its own judgment, delivered in 2008 with respect to the appointment of another Judge of the Madras High Court, which was under challenge then. In Shanti Bhushan and Another vs Union of India, Justices Arijit Pasayat and Dr.Mukundakam Sharma, petitioners had alleged that the late Justice Ashok Kumar of the Madras High Court...

Cape Town Convention – A Masterpiece For Aviation Transactions

In the age of technology, when air space is dominated by the presence of different kinds of aerial vehicles, it becomes important to address queries originating from Aviation asset financers/stakeholders. One of the major demand comes from creditors & lessors seeking development of a mechanism, to regulate asset based leasing and finance of aviation tools and thereby cap the risk involved in the lending process. Also, the need is felt to regulate an escalating price of aviation asset...

Odour And The Law

Odour - a strong, mostly unpleasant smell - has proven to be a nuisance on several occasions in India. Undesirable odour is often indicative of an environmental problem that impacts health and human well-being. Like how, notably, in 1858, it was the “Great Stink” of the polluted Thames River and not the contagious diseases being spread that prompted the UK Parliament to take action and allow the construction of the main sewers in London.[1] A significant contributor to odour...

Judicial Appointments: Unhealthy Debate On Misplaced Concern

The Union Law Minister’s public comments about appointment of judges and the judicial pendency, though, raise genuine concerns about the system of administration of justice in India but probably though inappropriate forum and for sure a misplaced concern. The concern should be the qualitative and quantitative improvement of Judgeship in India. These issues undoubtedly warrant healthy discussions and concrete steps. Healthy discussion also includes in it the “informed discussion”. When ...

Remembering Shanti Bhushan : A Look At Notable Cases Fought By Him

Acclaimed lawyer and Senior Advocate Shanti Bhushan passed away at his home in Delhi at 7PM on 31st January. He was aged 97 years. Shanti Bhushan also served as the Union Law Minister from 1977 to 1979 during the post-emergency era in the Morarji Desai government. During his illustrious career that ran for over six decades, Bhushan was not just a part of but also pivotal to several important cases before the Supreme Court of India. Few of those cases are as follows: State of Uttar...

Siddique Kappan’s Release On Bail After 846 Days Is A Harsh Reminder Of What Can Happen To Our Precious Freedom

Eternal vigilance, it is said, is the price of liberty. Siddique Kappan’s loss of liberty for 846 days shows that our liberty too can be snatched by the State for no reason. On being released on bail from a Lucknow prison on Thursday, Kappan told the media that he had no idea why he was implicated wrongly in a case and jailed for 28 months. That he has been only released on bail and not acquitted of all charges against him must make it clear that it may be quite a while before he can...

Applicability Of The POCSO Act On The Consensual Relationship Between The Minor

Recently the CJI D.Y. Chandrachud has urged the parliament to reconsider the age of consent under the Protection of Children from Sexual Offences Act, 2012 (POCSO) he stated that major difficulty encountered in POCSO cases by the Judges is in situations where the consent is factually present but regardless of it since the POCSO criminalizes all the sexual acts among those under 18 years and presumes that there is no consent among those below 18 years. So in this piece, the author...

The Outer Space Treaty

It has been more than 55 years since the Outer Space Treaty came into picture. The Treaty was opened for signature by the three depository Governments (the Russian Federation, the United Kingdom and the United States of America) in January 1967, and it entered into force in October 1967. The treaty provides the basic framework of the international space law. As per the United Nations Office for Outer Space (UNOOSA), “this framework includes many principles which the signatory nations need...

On First Principles, SC Collegium’s Recommendation To Elevate A Party Leader As A High Court Judge May Be Flawed

The Supreme Court Collegium, even while appearing to stand up to the Government in the ongoing tug of war for primacy over appointments of Judges to the Higher Judiciary, may actually be losing the perception battle with regard to adherence to the first principles.One such first principle is that candidates, who openly owe allegiance to political parties, ought not to be considered for elevation to the High Court Benches. This is not to suggest that membership of a political party is itself a...

Key Aspects And Analysis Of Union Budget 2023

The Union Finance Minister Ms.Nirmala Sitharaman has presented the budget for the year 2023-24, the last full budget before the 2024 polls. Various amendments have been proposed for the taxpayers specifically the middle and the salaried class such as altering the tax slabs and increase of rebate for taxpayers paying tax under the new tax regime.Major direct-tax amendments as proposed in Finance Bill, 2023 are as follows:1. Rates of...

Saving The Claims: Excluding Time Spent In Pre-Arbitration Mechanisms From The Period Of Limitation

Pre-arbitration mechanisms refer to dispute resolution mechanism whereby the parties make an attempt to resolve their dispute or grievances without formally invoking the arbitration. It can be by way of mutual talks, mediation/conciliation, or through an internal dispute redressal body. It is now common practice for the parties to a commercial contract to provide for an attempt at amicable settlement of disputes before formally invoking the arbitration, thus, most of the contracts...

Shanti Bhushan’s Indelible Legacy Will Continue To Inspire Those Who Campaign For Accountability

If there is one phrase which could sum up the life and career of the eminent lawyer and former Union Law Minister, Shanti Bhushan who passed away on Tuesday, it is his zeal and passion for seeking accountability from the executive as well as the judiciary. His legal acumen was a means to this end. Shanti Bhushan was born in Bijnor, a district town of Western Uttar Pradesh, on November 11, 1925, Armistice Day. His parents named him Shanti, which means peace in Hindi, because he was...