Legally Speaking

Secularism and Constitution : An Analysis

13 Oct 2021 03:50 AM IST

Indian culture is heavily influenced by religious practices, and the same impacts the law makers in our country. India is the home to so many diverse religions that the moral and fundamental core of this nation is often derived from the moral compass advocated by these religions. Religion is an

Decluttering India’s rationale for not ratifying the Convention on Freedom of Association and Protection of The Right to Organise

13 Oct 2021 03:49 AM IST

All nations do not ratify all the conventions. This article will just zero in on the specific nation profile of India. The Centre of Indian Trade Unions [‘CITU’] had approached the International Labour Organization [‘ILO’] and to rescind the Essential Defence Services Act, 2021, claiming breach of the fundamental convention

Criminalisation of politics : An analysis

12 Oct 2021 06:29 AM IST

In Shashikant Laxman Kale v. Union of India, the SC held that ‘The court must look beyond the ostensible classification and to the purpose of the law, and apply the test of ‘palpable arbitrariness’ in the context of the felt needs of the time and societal exigencies informed by experience

CAN’T MISUSE SEXUALLY EXPLICIT IMAGE OR VIDEO EVEN IF CAPTURED WITH CONSENT OF WOMEN: ALLAHABAD HC

11 Oct 2021 07:00 AM IST

While displaying zero tolerance for cases of crime against women and denying bail to a rape accused, the Allahabad High Court has as recently as on October 4, 2021 in a learned, laudable, landmark and latest judgment titled Guruvinder Singh v State Of UP And Anr. in Bail No. 3669

Individual liberty cannot be misused in a manner that it threatens fabric of society by attempting to destabilise it, cause hurt: Delhi HC

09 Oct 2021 06:43 AM IST

It must be said right at the outset that the Delhi High Court has as recently as on September 27, 2021 in a learned, laudable, landmark and latest judgment titled Mohd Ibrahim vs State (NCT of Delhi) in Bail Appln. 2704/2021 while denying bail to Mohd Ibrahim in Head Constable

Analysing the complexity of overlapping sovereignty on the issue of cross border conflict between India and Nepal

09 Oct 2021 06:42 AM IST

BACKGROUND Nepal is a landlocked country situated between the neighbouring states of India and China. Nepal and India did not witness any transboundary crisis given that the 1950 Treaty of Peace and Friendship had consolidated a greater bond between the two allies in consideration for utilization of the 1800 km

Lok Adalat has no jurisdiction to decide a matter on merits: Supreme Court

08 Oct 2021 04:27 AM IST

As a corollary, the Bench then holds in para 9 that ‘In view of the above, the impugned order passed by the Lok Adalat dismissing the writ petition on merits is unsustainable and deserves to be quashed and set aside. The submission made by the learned counsel appearing on behalf

Delusion in unfolding Section 29A of IBC to liquidation of a corporate debtor

07 Oct 2021 08:59 AM IST

Section 29A establishes a statutory prohibition on promoters as well as the management of corporate debtors (hereinafter referred to as ‘CD’) from implementing a resolution plan or purchasing assets of the CD. The clause has marked a significant shift by embracing an automatic disqualification of some persons from the insolvency

Journey of Extradition Laws in India

06 Oct 2021 08:00 AM IST

The device of extradition therefore, evolved under the principle of comity of countries whereby one State surrenders a criminal to the opposite state for bringing him to justice in country in whose jurisdiction offence was committed

Social media and crimes: An entangled relationship

05 Oct 2021 05:58 AM IST

‘“The internet is becoming the town square for the global village of tomorrow.” -Bill Gates The internet has been in existence since 1960’s and the World Wide Web (WWW) since 1990’s. The internet has now become all encompassing; it touches the lives of every human being. In today’s time, social

LAWYERS OF WEST UP COMPELLED TO STRIKE FOR HC BENCH

04 Oct 2021 03:41 AM IST

“I will give you a talisman. Whenever you are in doubt or when the self becomes too much with you, apply the following test: Recall the face of the poorest and the weakest man whom you may have seen and ask yourself if the step you contemplate is going to

ONE CONTRACT, TWO ARBITRATIONS: RES JUDICATA IN INTERNATIONAL ARBITRATION CONTRADICTING PUBLIC POLICY

04 Oct 2021 03:39 AM IST

PROLOGUE Speed is the essence of arbitration. Parties opt for arbitration believing that it is a timelier dispute resolution cog. Unfortunately, however, this is often not the case. Complex, commercial arbitrations take momentous time to finish off and prosperous parties would then have to corroborate with challenges to the tangibility