A Harsh Reminder Of ADM Jabalpur Case

"Today, there is no Emergency, yet the constitutional and basic rights of scores have been suspended in Jammu and Kashmir (J&K). Worse, the Supreme Court has virtually taken away their constitutional remedy to enforce those rights. Regrettably, the court has treated habeas corpus petitions in a most casual manner by justifying negation of the rule of law. Two episodes — though not directly connected — have left us searching for answers as to functioning of the court".

Explainer : Right Of Hindu Women To Property

Historically, and also ironically, women under Hindu Law were not entitled to any share in the immovable or movable property either as a daughter or as a wife, of their ancestors. However, in some capacities women were given the Right to Inherit property,but the same were only a limited right of enjoyment to the Property.After India became Independent, the Hindu law relating to property...

'When The Foundation Of A Crime Is Gone, Why Should The Crime Stay': Arvind Datar In A PIL Seeking Decriminalization Of Cannabis

Delhi High Court has refused to issue notice to the Central Government in a PIL seeking decriminalization of cannabis. Senior Advocate Aravind Datar, who argued on behalf of Petitioners, submitted that cannabis was legal in India until 1985. It was only when the United States of America had banned the substance, that the Indian government followed suit and went ahead to ban cannabis....

The Delhi High Court Order In P. Chidambaram v. ED: Three Thoughts

This week saw the arrest of a former Union Minister, P. Chidambaram, in connection with allegations of corruption and money laundering in what has popularly been called the "INX Media" case. In this post, I'm not interested in the arrest itself — the pageantry of which has already attracted much discussion — but the initial order of the Delhi High Court on 20.08.2019 which dismissed Mr. Chidambaram's plea for Anticipatory Bail and set the ball rolling [more on anticipatory bail generally, here]....

SC/ST Students Of NLU Delhi Complain Of Facing 'Institutionalized Discrimination'

The University has not established an SC/ST Cell as mandated by the UGC, alleged the students.

Arun Jaitley – A True Karmayogi : A Tribute by Justice Pratibha Singh

One never thought that the day to write this piece would come so soon. Our association with Jaitley sir (as I would fondly call him) is well known – though I have never been his junior or relative. He was like an elder in our family owing to Maninder's (Mr. Maninder Singh, Senior Advocate and former ASG) association with him spanning over more than 30 years. I met Jaitley sir when I started practising in the Delhi High Court in the early 90s, and was asked to brief him in many IPR matters. Sir...

'I haven't Lost Hope In Judiciary, But My Faith Has Diminished':Senior Advocate Colin Gonsalves [Interview] [Video]

Speaking to Live Law (Advocate Avani Bansal), Adv. Colin Gonsalves not only shared his concerns, hopes and aspirations for the country, but also expressed hope that things are going to be alright, despite the prevalence of an atmosphere of fear. He poured out his thoughts about the state of the nation, independence of judiciary, the increasing clampdown on rights activists and the need to...

IBC - A Big Game Changer In Banking (Part I)

The introduction of IBC was termed as the most powerful weapon in the hands of the bankers to reduce the frightening level of non-performance assets. It is expected that IBC will change the game plan of NPA Management in Indian banking space. The main objectives of the code were time bound reorganisation, maximisation of value of assets, promotion of entrepreneurship, availability of credit and balance interests of all stakeholders. The euphoria around IBC may prompt many to ask -...

Bombay HC Sets Aside Charity Commissioner's Circular Barring Priests/Pujaris From Becoming Trustees Of Temple Trust [Read Order]

The Bombay High Court recently set aside a specific portion of circular issued by the Charity Commissioner, Maharashtra which prohibited pujaris or priests from becoming trustees of their respective temple trust as they were 'beneficiaries' of the temple.A division bench of Justice Akil Kureshi and Justice SJ Kathawalla heard a batch of petitions filed by priests from various temples in...

'Its Unfortunate That Women Who Faced Sexual Harassment Have To Defend Criminal Proceedings For Telling The Truth': Priya Ramani Tells Court

Priya Ranani gave her statement under section 313 of Criminal Procedure Code, before the Additional Chief Metropolitan Magistrate Samar Vishal, at the Rouse Avenue Court. The journalist who's facing a criminal defamation case filed against her by MJ Akbar, was given a copy of the questions which revolved around the statements given by the prosecution witnesses as well as her own...

In Re: Jamaat-e-Islami, Jammu And Kashmir – Anatomy Of A UAPA Tribunal

In recent times, amendments to the Unlawful Activities Prevention Act (UAPA) that allow the central government to designate individuals as "terrorists", have been in the news. The amendments have been criticized on substantive grounds, on the basis that they vest too much unchecked power in the central government, and can enable social and political persecution. In all this, however, it is important to remember that the dangers of the UAPA are not just in its substantive provisions but in its...

'J&K Restrictions Intrinsically Disproportionate', United Nations Human Rights Body Tells Indian Govt

The experts said they were deeply concerned by reports that security forces were conducting night raids on private homes leading to the arrests of young people.