Legally Speaking

19th January: The Holocaust Day

19 Jan 2021 03:46 AM IST

Kashmiri Pandits were forced to flee the Kashmir Valley as a result of a concerted plan of ethnic cleansing with the strategy of killing one and scaring a thousand by JKLF terrorists and Islamist insurgents during late 1989 and 1990 onwards. Living in the Valley for more than 5,000 years,

Uniformity in marriageable age in India: Architecting an equal future

18 Jan 2021 11:17 AM IST

Defining the legal age limit to tie the knot in India has had its fair share of controversies. On 15 August 2020, from the ramparts of the Red Fort, Prime Minister Narendra Modi mentioned that his cabinet was reconsidering the minimum age of marriage for girls. The announcement was a

REGULATING THE UNREGULATED INTERMEDIARIES

18 Jan 2021 03:23 AM IST

The question of regulating Twitter and other tech giants has been discussed in the India for years, and experts often argue over what should be subject to regulation. Should guidelines look at content moderation? Should parliament push for more security and data transparency? It seems that over the years there are several

Why life imprisonment must be abolished

16 Jan 2021 02:28 AM IST

“Supreme Court has said that life imprisonment meant behind bars for life. It is worse than death to keep a person confined for his entire life in jail rather than taking his life.” — Justice V.R. Krishna Iyer Most tragic that why no one barring a few exceptions like the

Circumstantial evidence: A Herculean task for prosecution

15 Jan 2021 02:02 AM IST

All the circumstances pressed by prosecution must be fully established and all the facts so established must be congruent and consistent with the hypothesis regarding guilt of the accused. These circumstances should lead to a singular conclusion about the commission of offence by the accused and rule out all other

Indigeneity, land ontologies and ‘development’

15 Jan 2021 02:00 AM IST

It makes little sense to address deep-seated issues of coloniality with a Band-Aid when perhaps a ‘hit reset’ option is the better approach. Unfortunately, there is a long way to go in that direction given that awareness of the existence of coloniality is a relatively recent development on the global

Irretrievable breakdown of marriage: An uncodified provision for granting divorce

14 Jan 2021 12:41 PM IST

The historical development regarding the irretrievable breakdown of marriage can be traced from the year 1982 wherein the Supreme Court restricted itself to the statute while rejecting an application seeking divorce based on the ground that the marriage has been broken irretrievably. While rejecting the application, a three-judge Bench of

2021 ICC Rules of Arbitration: A new focus on efficiencies and streamlined processes

13 Jan 2021 10:10 AM IST

Arbitration, a form of alternative dispute resolution, is a way to resolve disputes outside the courts. Rules of Arbitration are made to resolve the cross-border disputes questions by building a nonpartisan structure of activities. It is worked to control the advancement of the cases submitted to the International Court of

The contempt and mercy fallout: Revisiting the scales of adjudication

12 Jan 2021 03:09 AM IST

When judges/courts start a suo motu proceeding of contempt, they act as the prosecutor, the witness, and the judge, which makes it equivocal and solely at the discretion of the judges themselves to decide whether the act or words were fair criticism or not.

Health Data Regulation in India

11 Jan 2021 03:48 AM IST

Rights of individuals under the ‘anticipated’ new regime

Absolute devotion, integrity and honesty are a sine qua non for every bank employee: SC

09 Jan 2021 06:40 AM IST

At a time when absolute devotion, integrity and honesty are really becoming a rare virtue, it would be most pertinent to note that the Supreme Court in a latest, landmark, laudable, learned and lambasting judgment titled Deputy General Manager (Appellate Authority) and others vs Ajai Kumar Srivastava in Civil Appeal

ANALYSIS OF CONSUMER PROTECTION ACT, 2019: A DICHOTOMY OF CONSUMER’S AND SELLER’S RIGHTS

08 Jan 2021 03:23 AM IST

Introduction: In the past decade due to the globalization and dynamic character of the market, relations between consumers and sellers have changed multi-fold. In the digital age, the E-Commerce market has eclipsed the traditional market to a reasonable extent. Thus, in the revolution brought by digitalisation Application of Consumer Protection