Legally Speaking

CONSTITUTIONAL VALIDITY OF SECTION 124A

22 May 2021 07:05 AM IST

In my last piece, I had continued with my discussion on Section 124A of the IPC with reference to Constituent Assembly Debates to demonstrate that the framers of the Constitution were aware of the limitations imposed on the interpretation of the provision by British Indian Courts. This awareness led to

SIGNIFICANT SUPREME COURT JUDGEMENTS PASSED RECENTLY

21 May 2021 06:34 AM IST

The Supreme Court of India has pronounced numerous judgments from January, 2021 to May, 2021. In this write-up, some of the important pronouncements are briefly discussed. BHAVEN CONSTRUCTION V. EXECUTIVE ENGINEER SARDAR SAROVAR NARMADA NIGAM LTD. & ANR., CIVIL APPEAL NO. 14665 OF 2015 A Bench of Justices N.V. Ramana,

COMPLIANCE DUTY FOR COVID-19 MASK NORM HIGHER FOR ADVOCATES, CANNOT BE AN EGO ISSUE: DELHI HC

20 May 2021 07:11 AM IST

While dismissing a petition by four advocates challenging the Delhi government’s order to wear masks as part of Covid-19 protocol even while travelling alone in a personal vehicle, the Delhi High Court as recently as on April 7, 2021 has observed without mincing any words in a strongly worded judgment

JUDICIAL CREATIVITY AND ACTIVISM: NEED OF THE HOUR?

20 May 2021 07:10 AM IST

In the 13th century there was a heated discussion taking place between a judge and a lawyer. Both of them while arguing on merits of the case did not see eye-to-eye on a particular issue when the lawyer stated that the judge was obligated to follow precedence otherwise, he did

LITIGATION FINANCING: INDIA’S TIME IS NOW

19 May 2021 02:15 AM IST

Litigation financing/ funding or third-party funding of disputes is an arrangement between a third party and a party to a litigation, where the former agrees to fund legal expenses in relation to the dispute, including legal counsel’s fees, court fee, and other costs, in exchange for a share in the

CAESARISM OF THE JUDICIARY: TIME RIPE TO REDRAW THE LAKSHMAN REKHA

19 May 2021 02:07 AM IST

The saying “Power corrupts and absolute power corrupts absolutely” needs ingemination in the present context of the judiciary exercising its all encompassing powers rampantly. Today, we live in an atmosphere where finger-pointing has become a norm for citizens, public figures, authorities and institutions of the State. With the second wave

COMMERCE & INDUSTRY MINISTER DISCUSSES MEASURES TO ENHANCE COVID VACCINE PRODUCTION WITH USTR

18 May 2021 04:06 AM IST

Piyush Goyal, Minister for Commerce & Industry, Railways, Consumer Affairs and Food & Public distribution had a virtual meeting with Ambassador Kathleen Tai, US Trade Representative on 14th May 2021. The meeting focused on increasing vaccine availability in an inclusive and equitable manner to combat the Global pandemic caused by

SELVI V STATE OF KARNATAKA: PUSHING THE CONTOURS OF FUNDAMENTAL RIGHTS

18 May 2021 04:03 AM IST

The landmark judgement of Selvi v State of Karnataka AIR 2010 SC 1974 delivered by Hon’ble Supreme Court bench led by the then CJI K.G.Balakrishnan comprising Justice R.V.Raveendran and Justice J.M.Panchal became a canonical law in medical examination of the accused. This judgment proved to be a milestone in the

PATIENTS OVER PATENTS

17 May 2021 02:01 AM IST

Imagine! How beautiful that world would have in which the professionals would have been more anxious about public health rather than their own gains. what if they had suspended their intellectual property rights in an emergency for the sake of humanity? Not so many lives would have been seen agonizing on the roads. But unfortunately, in this unfortunate

MEDICAL NEGLIGENCE IN THE TIME OF COVID-19

17 May 2021 01:56 AM IST

It has been almost fourteen months since the COVID-19 was declared as a pandemic by the World Health Organization. The second wave of the novel coronavirus has significantly stressed the public healthcare system in India as the new cases are skyrocketing every day. This pandemic on one side has forced

NEED TO INCREASE WOMEN REPRESENTATION IN THE FIELD OF CYBER SECURITY: JYOTI ARORA

15 May 2021 01:47 AM IST

In the last two years, the number of cyber attack incidents has gone up to almost 3 lakhs from 1.5 lakh incidents that took place in the year 2018 and in order to stop these attacks there is a need to diversify the representation in the field of cyberspace, said

VIOLATIONS OF HUMAN RIGHTS UNDER THE SEMBLANCE OF SOVEREIGN IMMUNITY

15 May 2021 01:45 AM IST

WHAT IS SOVEREIGN IMMUNITY? Sovereign immunity, or state immunity, is a principle of customary international law, by virtue of which one sovereign state cannot be sued before the courts of another sovereign state without its consent. Put in another way, a sovereign state is exempt from the jurisdiction of foreign