Legally Speaking

Arbitration Ordinance 2020: One step forward, several steps back

21 Nov 2020 07:32 AM IST

The Ordinance has reversed the effect of the 2015 amendments to the Act which had done away with the automatic stay on enforcement of arbitral awards upon a challenge being made under Section 34 of the Act. Most certainly, a regressive step, the Ordinance has inserted a further proviso to

A feudal democracy?

20 Nov 2020 06:53 AM IST

Over the past few days, a well-known and fairly accomplished Senior IPS Officer, who is currently the Home Secretary to the State Government of Karnataka, has been in the news for her public spat on Twitter with a widely followed and encyclopaedic anonymous commentator on history who prefers to go

Prenatal sex determination: Termination of female foeticide is destruction of woman of future, says Punjab and Haryana HC

20 Nov 2020 06:49 AM IST

We all keep hearing the old adages like “Where woman is worshipped, God resides there” and “When you educate a man you educate an individual but when you educate a woman you educate the entire family” so on. But in actual practice we see the stark truth as to how

Rajasthan High Court calls for action against magistrate who issued arrest warrants while HC’s anticipatory bail order was in existence

19 Nov 2020 07:45 AM IST

In a strict and swift action, the Rajasthan High Court just recently in a latest judgment titled Nanuram Sahni and Vinod Kumar vs. State of Rajasthan through PP in S.B. Criminal Miscellaneous (Petition) No. 4317/2020 delivered as recently as on 9 November 2020, has directed Registrar (Vigilance) to initiate against

The Epidemic Disease Act: How a 19th century Act became crucial in 21st century

19 Nov 2020 07:43 AM IST

COVID-19, or popularly referred to as Coronavirus, has been a global pandemic affecting nearly 3 million people and killing over 2,00,000 people. In over 100 years , the world has not seen such a pandemic, some experts also say that the world war II is much worse than this epidemic, and

Calcutta HC orders minimum 20% reduction in private school fees

18 Nov 2020 07:14 AM IST

The two-judge Bench of Calcutta High Court observed clearly, categorically and convincingly, ‘From the month beginning April 2020 till the month following the one in which the schools reopen in the physical mode, all 145 schools will offer a minimum of 20 percent reduction of fees across the board.’

Judicial ethics: An Indian perspective

17 Nov 2020 07:46 AM IST

The Preamble of the Bangalore Principles of Judicial Conduct, 2002, states that the principles are intended to establish standards for ethical conduct of judges. They are designed to provide guidance to judges and to afford the judiciary a framework for regulating judicial conduct.

RECENT DEVELOPMENTS IN PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT

16 Nov 2020 07:04 AM IST

INTRODUCTION As per WHO (World Health Organisation) a child is defined as – “a child is a person 19 years or younger unless national law defines a person to be an adult at an earlier age. However, in these guidelines when a person falls into the 10 to 19 age

Analysing copyright issues associated with memes in India

16 Nov 2020 06:57 AM IST

The trend of meme has become so ubiquitous that without meme, social media serves no fun to its audience and users. In India, meme holds immense power in shaping ideas and influencing opinions of general public, especially when it comes to political communication. Memes have escalated quickly, and this is

SC explains when power to transfer petitions U/s 21A Hindu Marriage Act can be invoked

13 Nov 2020 06:59 AM IST

In a latest, landmark and laudable judgment titled Shruti Kaushal Bisht vs. Kaushal R Bisht [Transfer Petition (Civil) No. 1264 of 2019] delivered on November 6, 2020, Justice V Ramasubramanian of the Apex Court held that a power to transfer the petition under Section 21A of the Hindu Marriage Act

Conversations, certitude and disagreements

13 Nov 2020 06:58 AM IST

I have written 26 pieces thus far under this column, which is slightly over the halfway mark for the number of pieces I have committed to. Now is a good time to pause for a bit, think and share a few general and generic thoughts. In the process of writing

Analysing the evidentiary value of confession under the NDPS Act 1985

12 Nov 2020 07:06 AM IST

Section 67 of the NDPS Act says that any officer empowered under the Act can call any person or record the person’s statement and that shall be admissible as evidence in the court. Furthermore, any officer authorised by the government may during an investigation call for information from any person