Legally Speaking

Lok Sabha passes constitutional amendment bill to restore states’ power to identify socially and economically backward classes

14 Aug 2021 05:57 AM IST

Lok Sabha Passed the Constitutional Amendment Bill 2021. This is the 127th amendment Bill of the Constitution of India. The Bill allowed the State Government to recognize and describe the Socially and Economically Backward Classes. It means that State Government will have the power to describe who is socially or

PROTECTION OF SANCTION U/S 197 CRPC NOT AVAILABLE FOR PUBLIC SERVANTS PROSECUTED U/S 48 WATER ACT: SC

14 Aug 2021 05:52 AM IST

In a significant, stimulating and suave judgment titled Noorulla Khan vs Karnataka State Pollution Control Board in Criminal Appeal No. 599 OF 2021 (Arising out of SLP (Crl.) No.4658/2020) that was pronounced on July 13, 2021, the Supreme Court minced just no words to observe clearly, cogently and convincingly that

COURT CANNOT GRANT LIBERTY TO AMEND PLAINT WHILE REJECTING IT UNDER ORDER VII RULE 11(D) CPC: SC

13 Aug 2021 03:32 AM IST

While exercising its civil appellate jurisdiction, the Apex Court has just recently on July 20, 2021 in a commendable, convincing, composed and cogent judgment titled Sayyed Ayaz Ali vs Prakash G Goyal & Ors in Civil Appeal Nos 2401-2402 of 2021 @ SLP (C) Nos. 29975-29976 of 2018 held that

REVAMPING COMMERCIAL WISDOM CAN BE AN ACE FOR FINANCIAL CREDITORS

13 Aug 2021 03:31 AM IST

The Preamble of Insolvency and Bankruptcy Code 2016 (Code) contemplates to consolidate and govern insolvency laws in a time-bound manner with a view to maximise the value of assets and balance the interest of all stakeholders. Section 30(4) of the Code empowers the Committee of Creditors (CoC) consisting of financial

Section 66A of IT Act and recent developments

12 Aug 2021 11:15 AM IST

In 2015, Supreme Court confirmed Section 66A of Information Technology Act, 2000 was unauthorized. The Honourable Court declared this provision extreme and got boost to online speech and interaction. Shreya Singhal V. Union of India is one of the landmark judgments related to speech and expression of people. The Court

Emergency arbitration in India: Evolution and prospects

12 Aug 2021 11:12 AM IST

Resolving commercial disputes effectively is central to determining the ease of doing business in a country. Arbitration is vitally important to enhance ease of doing business as expeditious & effective resolution can reduce the pendency in courts and instill investor confidence. The Arbitration and Conciliation Act, 1996 (‘The Act’) has

Environment Protection Act: A concise critique

12 Aug 2021 10:34 AM IST

INTRODUCTION The need of Environment protection and conservation in the present times cannot be anymore, as the vegetation cover has been vanishing at a distressing pace, various species of flora and fauna have become extinct and many others have become endangered, the global temperature has been ticking up, glaciers are

Wilful breach of undertaking given to court is contempt: Supreme Court

12 Aug 2021 10:33 AM IST

One must note right at the outset before noting anything else that the Supreme Court has as recently as on August 9, 2021 in a latest, learned, laudable and landmark judgment titled Suman Chadha & Anr. vs. Central Bank of India in Special leave Petition (C) No. 28592 of 2018

Rajasthan High Court notifies video conferencing rules for courts

10 Aug 2021 07:26 AM IST

In a positive, significant, much needed and worth emulating decision by all the High Courts in our country, the Rajasthan High Court has very rightly, remarkably and recently in its notification dated August 2, 2021 in pursuance to rule 1(i) of Rajasthan High Court Rules for Video Conferencing for Courts

Outlook of dazzling fashion industry vis-à-vis Intellectual Property Rights and challenges faced in India

10 Aug 2021 07:25 AM IST

The Fashion business in India is developing step by step and it has encountered critical extension somewhat recently predominantly determined by the development of homegrown creators, some of whom have acquired global acknowledgment lately. The development of the Indian style industry is featured by the increment in the quantity of

Law and life of anticipatory bail: Judicial discretion

09 Aug 2021 06:47 AM IST

Personal liberty is guaranteed by Article 21 of the Constitution of India, however, on the pragmatic side of the criminal justice system, this promise is hardly kept. The State rarely puts forth a conductive stance in bail applications, even when no real purpose may be served by keeping the accused

273rd report of Law Commission must be implemented

09 Aug 2021 06:45 AM IST

It goes without saying that custodial torture cannot be justified under any circumstances. Still it is a matter of utmost anguish that those who indulge in most brashly, most brazenly and most bluntly are rarely ever booked and made to face the consequences which only serves to further encourage men