Legally Speaking

Public servants & rule of law: An analysis

21 Jun 2021 03:06 AM IST

A person who does any rash or negligent act which puts the human life or personal safety of others in danger can be punished under Section 336. A negligent act is that act which is committed without taking reasonable and proper care as the circumstances required. Similarly, a rash act

Forum shopping: Responsibility to recuse, but when

21 Jun 2021 03:04 AM IST

The problem of forum shopping can be congruously solved by the very judge who has been requested to recuse by his deliberation upon the matter on the basis of facts presented whether his recusal is appropriate for the case or whether the application for his recusal reeks malice. Further impetus

Obligation of a father to maintain his son will not come to an end when he attains majority: Delhi High Court on Section 125 of CrPC

19 Jun 2021 05:37 AM IST

In a brilliant, balanced, bold and brief judgment titled Urvashi Aggarwal & Ors vs Inderpaul Aggarwal in CRL.REV.P. 549/2018 & CRL.M.A. 11791/2018 (Stay) delivered on June 14, 2021, the Delhi High Court has minced no words to make it clear that the obligation of a father to maintain his son

Judicial reforms in India need to go beyond informal calls for inclusivity

18 Jun 2021 05:49 AM IST

On 7 June 2021, it was reported that the Chief Justice of India, in a virtually closed-door meeting with the Chief Justices of all the High Courts, emphasised that the High Court collegiums must recommend Dalit, tribal, OBC, minorities and women for elevation as judges so that the High Court would

How Madras High Court judge broke his preconceived notions for LGBTQIA+ community

18 Jun 2021 05:46 AM IST

‘There are many branches on the tree of life. There is no one way to be, and there is room for everyone to be who they are.” ~ Justice A. Venkatesh The Tale of two brave girls This movement for change began when two girls named S. Sushma and U.

SC shocked as bail plea not listed for a year

17 Jun 2021 04:49 AM IST

While according due respect, prime importance and high priority to even the rights of the accused, the Supreme Court has as recently as on June 15, 2021 in a latest, learned, laudable and landmark judgement titled Chunni Lal Gaba vs Assistant Director, Directorate of Enforcement in Special Leave Petition (Criminal)

Insolvency and Bankruptcy Code: Walking at snail’s pace with various speed humps

17 Jun 2021 04:46 AM IST

While entering the fifth year of existence, before COVID-19 moratorium was imposed the Insolvency and Bankruptcy code was already walking at the snail pace with various speed humps but after the sudden blow of COVID-19 NCLT will be facing the bigger problem such as deluge of cases once the moratorium

The raging Covid-19 pandemic: Environmental justice

16 Jun 2021 03:35 AM IST

Unlike popular notions and misconceptions, the Indian courts braved unimaginable odds to deliver speedy environmental justice during the pandemic when the entire country was battered with different Covid-19 waves. India’s ecological security has been superb with new priorities in the post-pandemic world. It has been rightly postulated by a scholar,

IBC and the development of credit market in India

15 Jun 2021 03:13 AM IST

Financial instruments are in-principle designed to mitigate the risks pertaining to repayment of debt. By mitigating such risks, the regime aims to furnish more assurance among the investors and expanding resources for the beneficiary of borrowers.

ENFORCEMENT OF ARBITRAL AWARDS AND THE INTRICACIES INVOLVED

14 Jun 2021 02:40 AM IST

INTRODUCTION The expansion of global trade and commerce in the contemporary era has necessitated the conception of efficient and effective methods of resolution of disputes securing party autonomy at the same time. In some situations, securing an arbitral award or a final judgment from the courts may only be an

‘District judiciary extremely tight-twisted in granting bail’: MP HC issues guidelines

12 Jun 2021 04:10 AM IST

Observing that the district judiciary is “extremely tight twisted” while granting bail, the Madhya Pradesh High Court in a latest, learned, laudable and landmark judgement titled Zarina Begum vs State of Madhya Pradesh through P.S.E.O.W in M.Cr.C. No. 30933/2020 delivered on 13 May 2021 has issued commendable guidelines to the

Significant Supreme Court judgements of May 2021

11 Jun 2021 03:23 AM IST

The Supreme Court of India has pronounced numerous judgments in the month of May, 2021. In this write-up, the important pronouncements are briefly discussed. RAJKUMAR SABU V. M/S SABU TRADE PRIVATE LIMITED, TRANSFER PETITION (CRIMINAL) NO. 17 OF 2021 The transfer of a criminal case under Section 406 of the