Legally Speaking

REFUSAL TO GIVE TEA NOT SUDDEN OR GRAVE PROVOCATION: BOMBAY HC

26 Feb 2021 03:35 AM IST

In an enduring, empowering, enlightening, enriching and encouraging judgment for women titled Santosh Mahadev Atkar vs The State of Maharashtra in Criminal Appeal No. 544 of 2019 delivered recently on February 2, 2021, the Bombay High Court has observed that the medieval notion of the wife being the ‘property of

SEDITION: DISAFFECTION VS DISAPPROBATION

26 Feb 2021 03:34 AM IST

In my last piece, I had started a discussion on Section 124A of the IPC which deals with sedition. I had broadly set out the history of the provision, including its original language in 1870 and the amendments undertaken in 1898 and thereafter, leading to the provision as it stands

Enka Insaat vs Chubb: What UK Supreme Court affirmed?

25 Feb 2021 08:33 AM IST

INTRODUCTION The five-judge bench of UK Supreme Court on 9 October 2020 pronounced a landmark judgment in Enka Insaat Vs Sanayi AS vs OOO Insurance Company Chubb [2020] UKSC 38, which is considered to be a leading authority in the arbitration regime on the governing law of arbitration agreements and the role of

Indian constitutional script in defining women’s presence in Parliament: A myth or a reality?

24 Feb 2021 03:30 AM IST

Women and men have almost equal population in India, but the former have a marginal presence in the Lok Sabha. When there is gender parity in Parliament, better policies can be formulated, which would ideally result in better governance. One major way to facilitate the increase in representation is through

SUSPICION, HOWEVER STRONG, CAN’T TAKE THE PLACE OF PROOF: SC

23 Feb 2021 08:29 AM IST

It is really remarkable, refreshing, rejuvenating and reasonable to learn that the Supreme Court has just recently on February 12, 2021 in a latest, learned, landmark and laudable judgment titled State of Odisha vs. Banabihari Mohapatra in Special Leave Petition (Cri) No. 1156/2021 has reiterated that suspicion, however strong cannot

THE SAGA OF JUDGES’ TRANSFERS AND REFORMS

23 Feb 2021 08:27 AM IST

The transfer of judges from their parent High Courts is often in news and sometimes it is seen as some sort of punitive element attached to it, if it is not done in line for the elevation to a Chief Justice of the transferred High Court or if a Chief

If children are acquainted with Manekshaw’s life, it would inspire them to join Army & serve nation: Madras HC

22 Feb 2021 08:12 AM IST

Motivation can come only by reading the lives of iconic figures. If our children are acquainted with the life of Field Marshal Sam Manekshaw, it would certainly inspire them, says the single-judge Bench of Justice G.R. Swaminathan of Madras High Court.

SC criticises National Consumer Disputes Redressal Commission for its practice of passing ‘reasons to follow’ orders

20 Feb 2021 02:50 AM IST

The two-judge Bench of the Supreme Court comprising Justice Indu Malhotra and Justice Ajay Rastogi observed in no uncertain terms that in all matters before the NCDRC where reasons are yet to be delivered, it must be ensured that the same are made available to the litigating parties positively within

When a man marries a woman knowing fully that she was not legally divorced from her earlier marriage, he can’t plead invalidity of marriage in Section 125 CRPC proceedings: Chhattisgarh HC

19 Feb 2021 08:26 AM IST

It cannot be just glossed over that the Chhattisgarh High Court has just recently on February 10, 2021 in a latest, learned, laudable and landmark judgment titled Teras Dongare v. Avinash Dongare in CRR No. 346 of 2019 has minced no words to hold briefly, boldly and brilliantly that a

The colonial origins and constitutionality of ‘sedition’

19 Feb 2021 08:24 AM IST

In Bharat, a provision relating to sedition was first included as Section 113 of the Draft Penal Code of 1837 prepared by the First Pre-Independence Law Commission under the Chairmanship of Thomas Babington Macaulay. The Commission recommended, among other things, codification of the Penal Code and the Criminal Procedure Code.

Attempts to undermine public trust in constitutional institutions cannot be endured in a democratic setup

18 Feb 2021 09:47 AM IST

The unrest and ruckus created over the recent farm laws has attempted to dismantle the position of parliamentary sovereignty in India. In this post I have attempted to harmonious the fundamental constitutional principles to upheld the parliament supremacy and accordingly elaborated on the need to upheld the public trust in

Gold smuggling with intent to threaten economic security of country a ‘terrorist act’ under UAPA: Rajasthan HC

18 Feb 2021 09:45 AM IST

It is quite significant to note that in a recent, righteous and remarkable judgment titled Mohammed Aslam vs Union of India and another in S.B. Criminal Miscellaneous (Petition) No. 5139/2020 delivered on February 1, 2021, the Rajasthan High Court has explicitly, elegantly and effectively observed that the offence of gold

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