Legally Speaking

Is Article 32 available against the judiciary?

11 Sep 2020 07:43 AM IST

There is no reference anywhere in the 18 paragraphs of H.M. Seervai’s discussion on the issue to the Constituent Assembly debates which clearly demonstrate that the judiciary is not part of the State under Article 12 of the Indian Constitution.

Judging ‘under stress’: What it does to judges

11 Sep 2020 07:40 AM IST

“The judiciary as a robust and independent branch of government with judges who are impartial, independent, and free from the improper external influences that, whatever their provenance, can no longer be tolerated.” There is little question that a judge-ship offers many opportunities for personal fulfillment and satisfaction, and that many

Amendments to the Prevention of Money Laundering Act, 2002

10 Sep 2020 07:14 AM IST

It is interesting to compare definition of ‘proceeds of crime’ before and after Explanation. ‘Proceeds of crime’ originally included any property derived by any person as a result of criminal activity relating to a scheduled offence. After adding Explanation to it, it has included property not only derived from the

NDPS Act: A legal conundrum on whether to vitiate or not to vitiate

09 Sep 2020 07:09 AM IST

This article explores two questions that arose from the recent decision of the Hon’ble Supreme Court in Mukesh Singh Vs. State (Narcotic Branch of Delhi), the first question is “To vitiate or not to vitiate: A legal Conundrum Survives” and the Second question is “A Fair Investigation Revisited” in context

Illegal detention and the compensation discrepancies: An (im)perfect judicial matchmaking

08 Sep 2020 04:42 AM IST

On 1 September 2020 Allahabad High Court, in the matter of Nuzhat Parween vs. State of Uttar Pradesh and Anr. (Khafeel Khan Case), held that the order for preventive detention of Dr. Kafeel Khan, under National Security Act is illegal. Therefore, the same was set aside by the court. However,

Suitablility & maintainability of fraud in arbitration

08 Sep 2020 04:39 AM IST

The question apropos of fraud was first raised before the Supreme Court in the case of Abdul Kadir Shamsuddin Bubere v. Madhav Prabhakar Oak, wherein the three judges’ bench held that a matter containing fraud cannot be tried for in arbitration.

Sports & commercial arbitration: How both the ends meet

07 Sep 2020 07:27 AM IST

The worldwide practice of resorting to arbitration in terms of dealing with sports-related disputes did not really transpire instantaneously; It rather emanated from the general consensus among the sports sectors’ stakeholders who used to dwell upon the fact that arbitration was preferable over ordinary litigation before State courts. Given the

Analysing differential, dual pricing of products in India

05 Sep 2020 07:23 AM IST

The Department of Legal Metrology (DLM), Bureau of Indian Standards (BIS), and the Food Safety and Standards Authority of India (FSSAI) are the primary regulatory authorities of domestic/foreign packaged, pre-packaged, or food items in India.

Is judiciary part of the ‘State’ under Article 12?

04 Sep 2020 06:59 AM IST

While there exists a significant amount of debate around this question, the Supreme Court has held that courts are not ‘State’ when they exercise judicial functions, but may attract the definition in the exercise of non-judicial or administrative functions.

Could a judicial order violate your Fundamental Rights?

03 Sep 2020 03:58 AM IST

The Supreme Court declared on 10 April 2002, in its five-judge decision in the Rupa Ashok Hurra case that “it is a settled position in law that no judicial order passed by any superior court in judicial proceedings can be said to violate any of the Fundamental Rights enshrined in

The fad of ‘will’ amid Covid-19 outbreak

02 Sep 2020 04:25 AM IST

The importance of making a ‘will’ has yet again been seen to proliferate during these challenging times of a pandemic. A sudden billowing in making and execution of will has been seen during Covid-19. As the number of death cases from coronavirus climbs, bequest-arranging lawyers are taking note of an

A dead person’s rights: Understanding the rights that transcend the living realm amidst Covid-19 pandemic

01 Sep 2020 06:48 AM IST

Oftentimes judiciary and Indian legal system have fortified the rights which are associated with dead person from dignity of the dead person to decent burial. But due to this ongoing unprecedented pandemic “COVID 19”, the situation has become very catastrophic and the conundrum of this situation makes it more chaotic