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Legally Speaking

National Tribunal Commission: A disregarded constitutional necessity

National Tribunal Commission: A disregarded constitutional necessity

25 Dec 2020 06:32 AM IST

The advent of Articles 323A and 323B into our Constitution through the 42nd amendment has successfully introduced tribunals into the justice delivery mechanism. Tribunals have taken to itself certain matters that previously vested with the lower courts and in appeal with the High Courts (“HC”). Tribunals are forums for seeking
Section 295A: The ‘Blasphemy’ Provision

Section 295A: The ‘Blasphemy’ Provision

25 Dec 2020 06:28 AM IST

It was contended on behalf of the petitioner that in order for Section 295A to pass muster on the anvils of Article 19(2), the only limb of the Article that could be relied upon was ‘in the interests of… public order’.
CONSTITUTION BENCH JUDGEMENTS: 2020

CONSTITUTION BENCH JUDGEMENTS: 2020

24 Dec 2020 06:13 AM IST

The Supreme Court of India has pronounced numerous Constitution Bench Judgements in the year 2020. In this write-up, the Constitution Bench Judgments pronounced in the year 2020 are briefly discussed. MUKESH V. STATE (NARCOTIC BRANCH OF DELHI), SPECIAL LEAVE PETITION (CRIMINAL) DIARY NO. 39528/2018 (DECIDED ON 31/08/2020) A Constitution Bench
Legal obligation in NSA detention cases must be discharged with great sense of responsibility: Orissa HC

Legal obligation in NSA detention cases must be discharged with great sense of responsibility: Orissa HC

23 Dec 2020 03:50 AM IST

This judgment leaves no room for doubt that the Orissa High Court has taken strong exception to illegal detention of petitioner detenu which is bad in law. It has therefore very rightly quashed the detention order by the state government while giving reasons for the same as stated above. The
Better to buy than compete?

Better to buy than compete?

22 Dec 2020 08:53 AM IST

Whether de-merger is the right solution or resorting to other remedies like compulsory licencing would be viable remains to be seen. However, in this process, one thing the authorities need to keep in mind is that the solution must cure the problem without compromising or disincentivising the innovation.
Internal Complaints Committee cannot comment on personal conduct of parties: Delhi HC

Internal Complaints Committee cannot comment on personal conduct of parties: Delhi HC

21 Dec 2020 02:27 AM IST

The Delhi High Court has set the record straight on the ambit of the Internal Complaints Committee. Justice Pratibha M. Singh has clearly laid down that ICC should refrain from indulging in moral policing in cases of sexual harassment at workplace.
ANALYSING LAW OF DIPLOMATIC RELATIONS AND IMMUNITIESFEROZ PATHAN

ANALYSING LAW OF DIPLOMATIC RELATIONS AND IMMUNITIESFEROZ PATHAN

19 Dec 2020 03:16 AM IST

Law of diplomatic relations is of ancient origin. It derives strength from the concept of ‘Sovereign Equality’ and ‘Sovereign Immunity.’ International relations of different nation states in pursuit of their national interest and goals have witnessed a sea change. Nation-states today interact not only with other states but also with
Adverse inference can be drawn against party who does not appear in person to depose: Supreme Court

Adverse inference can be drawn against party who does not appear in person to depose: Supreme Court

18 Dec 2020 04:27 AM IST

In a well-written, well-worded, well-reasoned, well-substantiated and well-analysed judgment titled Iqbal Basith and others vs N Subbalakshmi and others in Civil Appeal No. 1725 of 2020 delivered as recently as on December 14,2020, a three Judge Bench of the Apex Court headed by Justice RF Nariman and also comprising of
Identity politics, elections and the Representation of the People Act, 1951

Identity politics, elections and the Representation of the People Act, 1951

18 Dec 2020 04:24 AM IST

In 2017, a seven-Judge Bench of the Hon’ble Supreme Court of India in Abhiram Singh vs C.D. Commachen (Dead) By Lrs.& Ors delivered a judgement on Section 123(3) of the Representation of the People Act, 1951. The limited issue which the Supreme Court was called upon to decide was whether
Right to be forgotten: A critical and comparative analysis

Right to be forgotten: A critical and comparative analysis

17 Dec 2020 07:43 AM IST

The article examines the conception and subsequent development of the right to be forgotten in the European Union. Marked by an extensive right to privacy jurisprudence, the sustainability of the right is higher in Europe as compared to India. The right to be forgotten requires harmonisation and balancing of the
Closure report can’t be filed merely because informant did not supply adequate materials for probe: SC

Closure report can’t be filed merely because informant did not supply adequate materials for probe: SC

16 Dec 2020 03:58 AM IST

The three-judge Bench of the Supreme Court, while setting aside closure reports against some accused in a murder case did not shy away from remarking that a ‘fair investigation is a necessary concomitant of Articles 14 and 21 of the Constitution of India’. The court observed that it is the
Burdening the burdened: A constitutional scrutiny of reverse onus clauses

Burdening the burdened: A constitutional scrutiny of reverse onus clauses

15 Dec 2020 02:54 AM IST

The roots of the principle can be traced to the English law. It is also an international human right under the UN’s Universal Declaration of Human Rights. The ‘golden thread’ which binds all of the criminal law, as per Woolmington v DPP, was enshrined in the principle of presumption of
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