Legally Speaking

ANTI-TERRORISM LAW AND HUMAN RIGHTS: HISTORY AND WAY FORWARD

22 Mar 2021 03:29 AM IST

“To Deny People Their Human Rights is to Challenge Their Very Humanity.” -Nelson Mandela Human Rights ensure the very virtue of any individual’s survival and a violation of these rights can be intimidating for citizens of a Country. The United Nations defines Human Rights as the “Right to freedom of

Examining the scope of application of Sections 18 & 18A of Scheduled Caste and Scheduled Tribe Act

20 Mar 2021 02:32 AM IST

At the outset, it needs to be clarified that the author will not venture into the propriety or correctness of any of the judicial pronouncements and the instant article will focus only on the scope of applicability of Sections 18 and 18A of the SC/ST Act in the present status

Prithivraj Spinning Mill vs Indian Overseas Bank: Keeping the guard up

19 Mar 2021 02:23 AM IST

The Insolvency and Bankruptcy Code, 2016 is silent in regard to the corporate applicant’s commercial conduct between the time of filing of insolvency application under Section 10 and its subsequent admission/rejection by the adjudicating authority. In this case, when the debt-ridden corporate applicant settled its dues with the second respondent,

Understanding and bursting myths about the new farm laws 2020

18 Mar 2021 03:39 AM IST

The new farm laws aim to modernise the agriculture sector in the country, besides empowering those toiling hard on the field. So, why is there so much protest against these laws?

Institutional arbitration: Spreading wings?

17 Mar 2021 03:09 AM IST

“Arbitration is now the principal method of resolving international disputes involving states, individuals, and corporations. This is one of the consequences of the increased globalisation of world trade and investment. It has resulted in increasingly harmonised arbitration practices by specialised international arbitration practitioners who speak a common procedural language.’ —Redfern

Registration of copyright not mandatory for seeking protection under copyright act: Bombay HC

16 Mar 2021 03:08 AM IST

In a recent, remarkable and reasonable judgment titled Sanjay Soya Pvt Ltd v. Narayani Trading Company in Interim Application (L) No. 5011 of 2020 in Commercial IP Suit No. 2 of 2021 delivered just recently on 9 March 2021, the Bombay High Court has held that registration of copyright is

COLLECTIVE BARGAININIG IN SPORTS: LEGAL REGULATIONS AND CHALLENGES

15 Mar 2021 09:12 AM IST

“An athlete cannot run with money in his pockets. He must run with hope in his heart and dreams in his head” -Emil Zatopek Perhaps the aforementioned quote by the three-time Olympic gold medalist was meant to highlight the spirit of sports in the bygone time – space passageway. Perhaps

In search of a woman Chief Justice of India

13 Mar 2021 02:54 AM IST

Though justice is usually portrayed as a woman, it has in general been embodied by men. The Supreme Court of India is also one such example. It has a strength of 34 judges including the Chief Justice of India. But it has only two women judges and one of them

Dissenter’s stake: The saga of anti-defection in India

13 Mar 2021 02:51 AM IST

‘Intra Party Democracy’ is an exception in this era of centralized political parties. The government is, also, a political party (or group of parties) in power. They have vested interest in ensuing the stability of their governments even if it comes at the cost of encroaching upon the “institution of

It is now becoming a trend to register FIRs alleging sexual harassment cases to force a party to withdraw complaint or to arm-twist a party: Delhi HC

12 Mar 2021 02:28 AM IST

It is remarkable, righteous, refreshing, rejuvenating and reasonable to learn that while ruling explicitly, elegantly, eloquently and effectively that time has come to initiate action against persons who file frivolous complaints under Sections 354, 354A, 354B, 354C, 354D IPC etc only for an ulterior purpose, the Delhi High Court has

Constituent Assembly debates on sedition: Part 1

12 Mar 2021 02:26 AM IST

In this piece, continuing with my discussion on sedition from the last three pieces, I will examine the Constituent Assembly debates on sedition to understand if the very concept of sedition was opposed by the framers of the Constitution or at least a majority of them. Broadly, the debates on

Magistrates and trial judges too have responsibility in safeguarding citizens’ Fundamental Rights: SC

11 Mar 2021 03:06 AM IST

It is quite significant to see that the Supreme Court in a righteous, recent, rejuvenating, refreshing and remarkable judgment titled Krishna Lal Chawla Vs State of U.P. in Criminal Appeal No. 283 of 2021 [Arising out of S.L.P. (Crl.) No. 6432/2020] delivered on March 8, 2021 in exercise of its