Legally Speaking

Executive acting in breach of judgements would be invitation to anarchy: Supreme Court

14 Dec 2020 03:06 AM IST

In a strong reprimand to Centre, the Supreme Court just recently on 7 December 2020 has in a latest, learned, laudable and landmark judgment titled KK Agarwal vs Sanjiv Nandan Sahai [CONMT.PET.(C) No. 429/2020 in C.A. No. 14697/2015] has led from the front in pulling up the Central Government for

Recognition of homebuyers under IBC: Is amendment ordinance 2019 invalid per se?

14 Dec 2020 03:00 AM IST

Prior to the advent of the Insolvency and Bankruptcy Code 2016 (herein referred as IBC), the homebuyer(s) were aggrieved to attain timely justice against the real estate developers’ lethargic conduct in the form of delaying the delivery of the possession of flat/homes due to part-construction or other akin issues. Even

Standard of proof in motor accident claim cases is one of preponderance of probabilities: SC

12 Dec 2020 04:01 AM IST

In a realistic, robust and rational judgment titled Anita Sharma & Ors. vs. The New India Assurance Co. Ltd. & Anr. in Civil Appeal Nos. 4010-4011 of 2011 [Arising out of Special Leave Petition (C) Nos. 32011-32012 of 2018] delivered by a two Judge Bench of the Apex Court comprising

Virtual arbitrations and the new normal

11 Dec 2020 03:35 AM IST

Alternate dispute resolution systems such as arbitration, stand on a different footing than litigation in the judicial system. Procedural flexibility and party autonomy, being the key factors as to why parties opt for arbitration, in fact aid the arbitration process to better adapt to the “new normal” in this pandemic.

Vedantic universalism, Indic civilisational renaissance & diversity

11 Dec 2020 03:30 AM IST

Swami Vivekananda’s note of caution serves to highlight his vision which is truly Bharatiya and civilisational because it encompasses every dharmic tradition/sampradaya within its ambit without an iota of condescension.

Section 118-A of Kerala Police Act: All you need to know about this ‘draconian’ law

10 Dec 2020 03:17 AM IST

The reference of the decision passed by the Supreme Court in Shreya Singhal vs Union of India was taken by the petitioners where the top court pointed out that probability of certain categories of speech being an insult, inconvenience and nuisance cannot be a reasonable restriction on speech. The court

Remembering the drafting of an infallible Preamble: An anatomical anchor to the Constitution of India

09 Dec 2020 04:02 AM IST

INTRODUCTION “The Preamble is the most precious part of the Constitution. It is the soul of the Constitution. It is a key to the Constitution. It is a jewel set in the Constitution”, said Pundit Thakur Das Bhargav, Member of Constituent Assembly. Over the centuries, the singular truism which is

Why making MSP a legal right is a bad idea

09 Dec 2020 03:57 AM IST

There’s a demand to make MSP a legal right and criminalise any purchase of agri-produce outside government mandis. Such a measure will only debilitate agriculture in this country even further. Making MSP a legal right could very well be the most disastrous policy that this country has ever adopted, with

MP HC IMPOSES PLANTING OF SAPLINGS AS A BAIL CONDITION

07 Dec 2020 03:40 AM IST

In an interesting, refreshing and fresh development, the Madhya Pradesh High Court Bench at Gwalior in a notable judgment titled Tilakraj Rajoriya Vs State of M.P. in M.Cr.C. No. 11643/2020 that was delivered on June 24, 2020 has in its recent order while granting bail to a person accused of

LIBERTY, DELAY AND BAIL

07 Dec 2020 03:37 AM IST

Personal liberty is the most sacrosanct of all rights. The apprehension that it may be trampled upon by initiation of criminal proceedings and that too motivated is indeed one of the biggest threats to any individual. The principles for safeguarding liberty both pre arrest and post arrest were laid down

Long delay in lodging FIR is a valid consideration to grant anticipatory bail: SC

05 Dec 2020 03:54 AM IST

In a well-articulated, well-worded, well-reasoned and well drafted judgment titled Sumedh Singh Saini vs State of Punjab and another in exercise of its criminal appellate jurisdiction in Criminal Appeal No. 827 of 2020 (Arising from SLP(Criminal) No. 4336/2020) delivered most recently on December 3, 2020, a three Judge Bench of

The curious case of Indian secularism

05 Dec 2020 03:52 AM IST

In most instances, there are no written orders pursuant to which temple appointments in Tamil Nadu have been made, which violate the fundamental requirements of natural justice.

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