Legally Speaking

Liberalising the regime of Default Bail under 167(2) CrPC

30 Oct 2020 05:42 AM IST

The right to life and personal liberty enshrined in Article 21 is the sanctum sanctorum of the Indian Constitution. Law makers have given the highest priority to the personal liberty and deprivation of the same can only be in accordance with the procedure established by law. The concept of Bail germinates from

The European origins of cultural coloniality

30 Oct 2020 05:35 AM IST

To use a pop culture reference, a form of inception was performed on the minds of the hitherto colonised so that colonialism and colonisation were no more external to their consciousness, but had become a part of it.

Analysis of the insolvency & bankruptcy (second amendment) bill, 2020

29 Oct 2020 05:43 AM IST

As per the Report of Reserve Bank of India’s report on Trend and Progress of Banking in India 2017-18(Crisil), Exactly three years later, the code was legislated, it has made material progress in addressing the deadlocks and it also helped in faster recovery of stressed assets and quicker resolution timelines

The status quo of criminal investigation in India: A cause for worry?

28 Oct 2020 05:29 AM IST

The Common Cause report on ‘Status of Policing in India, 2019’ reveals some shocking numbers. The report shows that police in India work at 77% of their sanctioned strength which is 3/4th of their capacity. The report also shows how the representation of SCs, STs, OBCs and women is extremely

Protection of whistleblowers in India: Myth versus reality

27 Oct 2020 05:17 AM IST

“The purpose of whistleblowing is to expose secret and wrongful acts by those in power to enable reform.” — Glenn Greenwald INTRODUCTION The term whistleblowing can be understood as raising our voice against some malpractices that are there in an organization. It can be understood as when any person discloses

THE FALLACY OF PUBLIC INTEREST LITIGATION

26 Oct 2020 06:29 AM IST

Recently, the Hon’ble Supreme Court of India ordered the removal of 48,000 slum dwellings around railway tracks in Delhi, affecting approximately 2,40,000 people. Prior to this order, the Apex Court and the Delhi High Court have ordered many such removals of slum dwellings throughout the city. To freshen up the

Understanding IP through utility and incentive-based approach

26 Oct 2020 06:28 AM IST

In the previous piece, the author discussed how personality matters in intellectual property. The author relates to the personality theory giving Hegelian’s justification for intellectual property. The claim over the property by the creator is because others should identify the work with the creator. If we see any type of

Untenability of the constitutional challenge to farm reform laws

24 Oct 2020 06:51 AM IST

The Union Government may have had to face political brickbats as a result of the radical changes introduced by way of The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020 (hereinafter, ‘Produce Trade Act’) and The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act,

Impact of coronavirus and nationwide lockdown on the proceeding of IP in India

24 Oct 2020 06:46 AM IST

With the outbreak of Corona Pandemic and announcement of nationwide lockdown in the country on 23rd March 2020, the initial lockdown was from 23rd March 2020 to 14th April 2020 later seeing the conditions it was extended to 3rd May 2020 and further more extended. This all circumstances lead to

Bit by bit to a big leap: India and the ISDS reforms

23 Oct 2020 05:57 AM IST

The need for reforming the ITAs or the system of Investor-State Dispute Settlement (ISDS) is not unique to India. Many developing countries have time and again raised concerns against ISDS and opposed this mechanism, which permits corporations to drag governments into arbitration claiming large sums of money in compensation. Even

The coloniality of modernity

23 Oct 2020 05:53 AM IST

It was around the 1430s that the term ‘modern’ was used in southern Europe’s Romance languages to show the past in poor light and congratulate the present. As for English, Scottish poet William Dunbar is credited for using it first in his poems wherein the word was used to show

Pressing priority: Stringent laws for formulation of Intellectual Property Rights in sports law

22 Oct 2020 06:58 AM IST

The sports have been considered as a very important part of the country. Various sports are played in-country at the international level. There was a time were sports was considered as an activity but, with the time, sports became a crucial aspect and it also demanded a need for laws