Legally Speaking

Brutality over humanity: Analysing police violence, weak laws and allied issues

02 Apr 2021 08:28 AM IST

From Jallianwala Bagh massacre (1919) in India to the murder of George Floyd (2020) in the USA, it’s been more than 100 years of the world witnessing forces cruelty. “Police ruthlessness or police viciousness is legitimately characterized as a social liberties infringement where officials practice unjustifiable or inordinate power against

The Suez fiasco: Possible legal suits and issues ahead

02 Apr 2021 08:26 AM IST

The year 1869 saw the opening of the Suez canal paving the way for greater connectivity between Europe, Africa and nations along the Indian Ocean. It is currently the gateway to around 13 per cent of global trade. So, when a freak accident happens along the waterway, leading to its

Minor contradictions cannot be a ground to discredit witnesses testimony: SC

01 Apr 2021 06:28 AM IST

In a magnanimous yet correct, credible and commendable observation, the Supreme Court has noted very rightly that minor contradictions cannot be a ground to discredit witnesses testimony. The Apex Court thus has reiterated on March 26, 2021 in a latest, learned, laudable and landmark judgment titled Rajendra @ Rajappa &

Conundrum surrounding two Indian parties having a foreign seat of arbitration

01 Apr 2021 06:27 AM IST

The Indian Arbitration Act has been amended quite a few times to update the same with the time and developing legal field. Arbitration is considered to be one of the fastest growing field, which are preferred by the parties for the dispute resolution mechanism. Indian Arbitration Act has been divided

Lieutenant Governor’s government versus CM’s government in Delhi

31 Mar 2021 05:57 AM IST

The Delhi Bill was passed by Parliament in great haste. It is difficult to understand the hasty legislative action of the Central government. Many Opposition parties had requested the Union government to refer the bill to a select committee of Parliament but their suggestions were not entertained by the ruling

Kerala HC issues guidelines to family courts for early disposal of cases

29 Mar 2021 02:46 AM IST

It would be in the fitness of things to state right at the outset that in a significant development with far reaching consequences, the Kerala High Court has just recently on 23 March 2021 in a latest, landmark, learned and laudable judgment titled Shiju Joy A vs Nisha in OP

Why Supreme Court upheld Cyrus Mistry’s removal as chairman of Tata Sons

27 Mar 2021 03:01 AM IST

Setting aside the NCLAT order to reinstate Cyrus Mistry, the top court says that Tribunal appears to have granted the relief of reinstatement gratis without any foundation in pleadings, without any prayer and without any basis in law.

The price of a bag: Too low to argue or too high against a right?

26 Mar 2021 03:24 AM IST

A burning issue that has gathered attention in the past few years in the consumer rights’ litigation is that of ‘unfair trade practices’. According to Section 2(47) of the COPRA 2019 (which is pari materia to definition of unfair trade practices in COPRA 1986), the term ‘unfair trade practices’ means

Is India becoming the next arbitration hub?

25 Mar 2021 11:07 AM IST

India has for long been striving to become a prominent destination and preferred choice of seat for arbitration. Although the urge to be recognised as an investor-friendly pro-arbitration nation has been present for a few years now, actual positive steps were commenced and action taken only relatively recently, with the

SC deprecates practice of passing adverse remarks against judicial officers by HC in judgments

24 Mar 2021 10:28 AM IST

It is a matter of great solace and satisfaction for the judicial officers of lower courts that the Apex Court which is the top court of India in a learned, latest, laudable and landmark judgment titled KG Shanti vs United India Insurance Co Ltd & Ors in Civil Appeal Nos

Protracted trials: Are we heading towards their indoctrination?

24 Mar 2021 10:21 AM IST

“In recognising the humanity of our fellow beings, we pay ourselves the highest tribute.” — Thurgood Marshall The progress of any nation is calibrated on the basis of socio-economic status of the people residing on its soil. The Indian justice delivery system is the key stakeholder in fortifying the socio-economic

Application of the seniority convention in the appointment of the Chief Justice of India

23 Mar 2021 08:59 AM IST

The Supreme Court collegium deals with appointments of judges of the Supreme Court and the High Courts including the Chief Justices of the High Courts, though it has nothing to do with the appointment of the Chief Justice of India. This matter is solely handled by the Union Law Minister