DU Photocopy Case: Delhi HC Disposes The Appeal Saying No Triable Issue, Restores Suit But Refuses Interim Injunction

A division bench of the Delhi High Court in a swinging and exceptionally quick judgment in appellate proceedings of what is popularly known as the DU Photocopy case, set aside the order passed by the Single Judge Justice Rajiv Sahay Endlaw and restored the trial on 2 key factual aspects. A lot of ink has since flown in a short span of two days giving both bouquets and brickbats to the...

Use Pseudonyms To Refer To Victims Of Sexual Offences: Delhi HC To Trial Courts [Read Judgment]

The bench held that it is the statutory responsibility of the Special Court to ensure that the identity of the child is not disclosed at any time during the course of investigation or trial.In a landmark judgment, the Delhi High Court has directed trial courts to ensure that the identity of the victim in cases involving sexual offences shall not be disclosed anywhere on judicial record and...

Demonetisation Has Brought The Legal Culpability Of The RBI Under Scrutiny, Says Chirashree Das Gupta, Academic & Author

The ongoing debate on Demonetisation has brought to the fore the interface between political economy and issues of legal significance, which is discernible only to a trained observer. Chirashree Das Gupta is a scholar and Associate Professor at the Centre for the Study of Law and Governance, Jawaharlal Nehru University,who has exhibited a profound interest in the political economy of institutions, and the legal instruments available to a State to keep its control over them. Her recent book is...

Judicial Legislation: Whats’ The Lakshman Rekha !

“There was a time when it was thought almost indecent to suggest that judges make law; they only declare it. Those with a taste for fairy tales seem to think that in some Aladdin’s cave there is hidden a common law in all its splendour and that on a judge’s appointment there descends on him knowledge of the magic words, ‘Open Sesame’. Bad decision are given when the judge has muddled the password and the wrong door opens. But we do not believe in fairy tales anymore.” - Lord ReidLet me start...

Six-Month Time Limit For Submitting Caste Certificate In Local Self Bodies’ Election Mandatory: Bombay HC (FB) [Read Judgment]

A full bench of the Bombay High Court has held that the six-month time period prescribed for production of a Validity Certificate issued by the Caste Scrutiny Committee under Section 9A of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 is mandatory and in case of failure, the election of such individual will be terminated retrospectively and...

“Law Is Not The Monopoly Of Legal Experts Alone”, Say Pratiksha Baxi And Siddharth Narrain, Organisers Of 4th International Lassnet Conference In New Delhi

The inaugural Law and Social Sciences Research Network (LASSnet) Conference was held at the Jawaharlal Nehru University (JNU) in Delhi in 2009. A subsequent conference was held at the Foundation for Liberal and Management Education (FLAME) in Pune in 2010. In 2012, the third LASSNet conference was a collaboration between the Law and Society Trust, Colombo and the Department of Law, University of Peradeniya, Sri Lanka. These conferences identified a number of priorities for the research, study...

Demonetisation And Its Aftermath - Should The Judiciary Intervene?

Subsequent to the gazette notification of 8th November, 2016 that demonetised the Rupees 500 and 1000 banknotes, a number of petitions were filed in various High Courts around the country and also the Supreme Court of India challenging the legality of the notification. The fundamental question that these batch of petitions raise is whether the courts should intervene in matters that can be classified as policy decisions of the government. It would be instructive to take a look at the judgments...

Peregrinator Of A Road Less Travelled By

I have chosen the title of this tribute after long thought and am convinced that no other can describe the life of Justice Krishna Iyer any better.The life and times of Justice Krishna Iyer is in itself a festival that coronates the most fitting commemoration.That he is the tallest jurist who walked this part of the world would, when made with reference to the redoubtable Justice Krishna Iyer, be cast as no more than a litotes and no amount of hyperbole would justify his extra ordinary and...