Section 509 IPC: Statutory Remedy Available To Women Who Face Online Abuse

"A bunch of anonymous letters were received by a woman. A mere glance through those letters is enough. Any reader can perceive the foul smell of the author's filthy intentions. The victim's modesty gets hurt, injured, outraged, and terribly insulted.." These remarks were made in judgment [MM Haries vs. State of Kerala] delivered in 2005 by Justice K. Hema of Kerala High Court. Today, letters...

Arbitration Court Reckoner : August 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 August 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...

[Attempt To Suicide] Constitutional Validity Of Section 309 IPC And Flip Flops By Supreme Court & Law Commission

World Suicide Prevention Day was observed on 10th September to raise awareness against suicide. Incidentally, the very next day, the Supreme Court bench headed by Chief Justice of India SA Bobde made some remarks on a penal provision [Section 309 IPC] which criminalises the attempt to commit suicide. The provision reads as follows:Whoever attempts to commit suicide and does any act towards...

Performance Bank Guarantees: The Linchpin Of Commercial Transactions [Part-1]

This series of blog posts shall recount the law on evolution of performance bank guarantee in India. It shall cover the meaning of bank guarantee as distinguished from indemnity and letter of credit, and the legal framework governing performance bank guarantees in India in Part 1; the types of bank guarantees and character of such guarantees in Part 2; and finally, the exceptions and...

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...