Legally Speaking

Expression of sexual agency or obscenity? A rekindled debate with FIRs against Milind Soman and Poonam Pandey

04 Dec 2020 07:37 AM IST

The exercise of the rights carries with it special duties and responsibilities. It may, therefore, be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national

An overview of the Immoral Traffic Prevention Act, 1956

03 Dec 2020 07:09 AM IST

In a recent judgement pronounced on 24 September 2020, the Bombay High Court has expressly reiterated that ‘prostitution is not an offence and an adult woman has a right to choose her vocation’, thereby upholding the fundamental rights of prostitutes as citizens enshrined in Part III of the Constitution of

Analysis on order for maintenance of wives, children and parents under the Code of Criminal Procedure

02 Dec 2020 08:57 AM IST

The primary target is to forestall vagrancy by method of technique to give a rapid solution for the individuals who are in torment. The object of the provision being to prevent destitution, it has been found that what is really required by the wife is to maintain a way of

A clean slate theory in Insolvency and Bankruptcy Code, 2016

01 Dec 2020 09:00 AM IST

The Code outlines separate insolvency resolution processes for individuals, companies and partnership firms. The process may be initiated by either the debtor or the creditors. The IBC was enacted and came into force on 28 May 2016; however, some of the sections were made effective on various dates to implement

INDIA’S APPROACH TO EQUALISATION LEVY

30 Nov 2020 08:23 AM IST

The 2016 equalisation levy was the result of the Official Committee constituted by Government of India (Committee on Taxation of E-Commerce) that presented its report on 3rd February 2016. The main factors that necessitated this review was the need for the new ways of doing business and not merely relying

RECOGNISING ARBITRAL CORRUPTION

30 Nov 2020 08:20 AM IST

The Arbitration and Conciliation (Amendment) Ordinance 2020 addresses a pressing need today; it recognises the field reality of corruption and fraud beyond that of the dispute, but of the tribunal arbitrating the dispute. The Ordinance targets the cases where the arbitration awards or the underlying contracts are induced or secured

Why Kulbhusan Jadhav refuses to file review petition

28 Nov 2020 09:12 AM IST

Formal conferences on the benefits of the case were held from 18 to 21 February 2019. In its Judgement of 17 July 2019, the court originally illustrated the foundation of the question, prior to presuming that it had locale to engage India’s cases dependent on supposed infringement of the Vienna

71st birthday of Indian Constitution

27 Nov 2020 02:55 AM IST

I feel that the Constitution is workable, it is flexible and it is strong enough to hold the country together both in peacetime and in wartime. Indeed, if I may say so, if things go wrong under the new Constitution, the reason will not be that we had a bad

In Re Noise Pollution and Judicial Restraint

27 Nov 2020 02:52 AM IST

‘The festival of Diwali is mainly associated with puja performed on the auspicious day and not with firecrackers. In no religious textbook, it is written that Diwali has to be celebrated by bursting crackers. Diwali is considered a festival of lights not of noises. Shelter in the name of religion

Reconstitution of NCLT benches

26 Nov 2020 08:32 AM IST

The benches of the National Company Law Tribunal (NCLT) have been reconstituted witheffect from 1 December 2020. The benches shall hear matters of respective jurisdiction aswere hearing before location (before 23 March 2020). All matters including pending beforelockdown and filed during the lockdown shall be heard regularly on all working

Constitutional validity of marital rape in India with respect to Section 375 of IPC, 1860

25 Nov 2020 07:50 AM IST

The rationale of marital rape is assumed on marital unity for some kind of estoppel, retracting wives from unwanted sexual advances made by their husbands. The major implication of Section 375 of Indian Penal Code, 1860 is that it is narrowed down to rape of female not falling under the

Long-term battle of arbitral awards with reference to the Vodafone case

24 Nov 2020 07:04 AM IST

The American Constitution constitutes a similar provision prohibiting ex-post-facto laws both by Central and state legislatures. It’s been more than 70 years since India became a democracy, still there is debate regarding the retrospective legislation in taxation laws.