Peace Of Mind: An Examination Of The Mental Healthcare Act Of 2017

The times we go through has refocussed attention to the importance of maintaining good mental health and managing stress and anxiety properly. In India, apart from the age-old stigma attached to seeking mental health, another issue is being able to afford good mental healthcare. Private mental healthcare professionals, much like any others, would be out of the reach of people who are...

Conciliation: The Lesser Used ADR

WHAT IS CONCILIATION Conciliation is one of the Alternative Dispute Redressal (ADR) procedures/ mechanisms. Conciliation is a non-adjudicatory, negotiatory ADR process, which is also governed by the provisions of the Arbitration and Conciliation Act, 1986 (AC Act). CONCILIATION: THE GOVERNING STATUTES/ RULES The law relating to Conciliation has been codified for...

'What Is Not An Offence Does Not Require A Defence': Madras HC Explains Procedure For Inquiry/ Trial Against An Accused Of Unsound Mind [Read Judgment]

In a recent verdict, the Single Bench of Justice PN Prakash of the Madras High Court extensively explained the procedure to be adopted by the Courts during Inquiry/ Trial for an offence, allegedly committed by a person of unsound mind. The Court has examined various aspects of the matter including: Magisterial Inquiry under Section 328 CrPCTrial under Section 329 CrPCApplication...

Power Of Courts To Debar An Advocate From Practising For Contempt Of Court [Explainer]

In the context of the contempt verdict passed by the Supreme Court against Advocate Prashant Bhushan, several readers had asked doubts about the power of the courts to debar an advocate from practising.In that case, the Supreme Court imposed a substantive sentence of fine of Rupee One and held that on default to pay the fine, Bhushan will have to undergo imprisonment for three months and will...

GST : Detention, Seizure And Release Of Goods & Conveyances In Transit Under Section 129 Of CGST Act

Section 129 of the Central Goods and Services Tax Act, 2017 ("CGST Act") gives power of detention and seizure to the officers if a person transports any goods or stores any goods while they are in transit in contravention of the provisions of the Act or the rules. [1] The various stages of interception, detention and release of goods and conveyances under Section 129 are...

Arbitration: Court Reckoner - July 2020

By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of July 2020 under the Arbitration & Conciliation Act, 1996. That while as many judgments as possible are sought to be reviewed, owing to the limited column space, some judgments would invariably be left out. That also while an attempt is made to include...

Significant Judgments On Arbitration And Conciliation Act, 1996 [May 2020 To July 2020]

Introduction The Arbitration and Conciliation Act, 1996 ("Arbitration Act") has been enacted in order to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation. The legislative intent and essence of the Arbitration Act is to bring domestic as well as international commercial arbitration in consonance with the UNCITRAL Model Rules, the New York Convention...

Day Of Remand To Be Included While Computing Period Under Section 167(2)(a) CrPC: Bombay HC Grants Bail To DHFL Promoters Kapil & Dheeraj Wadhwan [Read Order]

The Bombay High Court on Thursday granted bail to DHFL promoters Kapil Wadhwan and Dheeraj Wadhwan in the Enforcement Directorate's case of money laundering registered against them as the agency failed to file a chargesheet within 60 days from the date of remand. However, the Wadhwan brothers will remain in jail as the CBI has another case registered against them. Justice Bharati...

'The Best Way To Remember Justice Protik Prakash Banerjee Is To Read His Judgements' : Here Is A Collection Of His Judgements

The best way to remember Hon'ble Justice Late Protik Prakash Banerjee of the Calcutta High Court who bade an untimely farewell to his family, friends and colleagues at the bar and the bench in the early hours of 3rd July 2020, is through his writings. Some columns on a few platforms have recently remembered him by revealing bits of his irrepressible personality. However, to do justice to...

NDPS Act - Application Seeking Time Extension For Investigation Not Maintainable If Progress Of Probe Not Disclosed: Bombay HC [Read Judgment]

The Bombay High Court has held that an application seeking extension of time for investigation under the Narcotic Drugs and Psychotropic Substances Act 1985 is not maintainable if it is is not in conformity with the requirements of proviso to sub section (4) of Section 36A of the NDPS Act.One of the requirements of the report for extension, under proviso to sub section (4) of Section 36A of...

'My Lord Or Your Honour?': How To Address Judges In India?

On 13th August 2020, an interesting exchange happened between the Chief Justice of India SA Bobde and a lawyer on how to address the Court. A lawyer addressed the bench presided by the CJI, which was hearing the cases through video conference, as 'Your Honour'. "Are you appearing before the US Supreme Court?", CJI Bobde asked the lawyer. According to CJI, the use of ' Your Honour' is not...

EIA Notification: Judiciary's Tryst With 'Ex Post Facto' Environmental Clearance

The phrase 'Ex Post Facto' is being widely used these days, thanks to Clause 22 of the Draft Environment Impact Assessment 2020. Ex Post Facto is a Latin phrase which means 'done, made, or formulated after the fact'.The controversial clause 22 of the Draft Environment Impact Assessment 2020 provides a route for those who run a project or an activity without obtaining...