The Hon’ble SC Constitutional Bench in 1994 in S. R. Bommai’s case laid down that “no law can be enacted by the Parliament or by a state legislature based on religion”. To which the Hon’ble former apex court judge, Justice V. Gopala Gowda on 19th March 2021 while articulating his opinion on Citizenship Amendment Act,
... Continue Reading.Month: March 2021
The Supreme Court asked the Center, are you making laws regarding arbitration?
The Supreme Court on Friday sought the Centre’s response on whether it was considering enacting a law to govern arbitration. A three-judge bench of CJI Bobde, Justice Bopanna, and Justice Ramasubramanian was hearing a petition by the Youth Bar Association of India (YBAI) seeking directions or directions for compulsory pre-litigation arbitration across the country. During
... Continue Reading.Case Analysis: Unni Krishnan, J.P. & Ors. v. State of Andhra Pradesh 1993
Introduction The case of Unni Krishnan was pivotal with respect to the Right to Education as it challenged the question of the “Right to life” under the purview of Article 21 of the Constitution of India, which guarantees every citizen a right to education. The role of economic resources in limiting this right along with
... Continue Reading.COURTROOM LEGENDS Episode 3: Evolution of Constitutional Law by Supreme Court of India | Campus Law Centre, University of Delhi
Debate & Discussions Society, CLC, DU is organising the Keynote Series “COURTROOM LEGENDS Episode 3” on the topic “Evolution of Constitutional Law by Supreme Court of India”. Sr. Advocate Shri. Mohan Parasaran will be delivering a Keynote in the session. About COURTROOM LEGENDS Courtroom Legends – Keynote Series, is an initiative by Debate & Discussions
... Continue Reading.Admission and Outgoing of Partners: Explained with Relevant Provisions
The article specifically deals with the concept of admission and outgoing of partners as mentioned under the Indian Partnership Act. It further separately discusses the rights and liabilities of incoming and outgoing partners as per the statute. The present article discusses the two main types of partners and their characteristics in detail with the help
... Continue Reading.India’s Struggle with Public Procurement Regulations
[Jishnu M Nair is a Senior Attorney at IBM India/South Asia. The opinions are personal views of the author and do not necessarily represent IBM’s positions, strategies or opinions] Public sector procurement forms around 22 percent of India’s total GDP, with the Government’s total procurement, spend running at around $417 billion. On an earlier estimate,
... Continue Reading.A Case for Exclusion of Schemes of Arrangement from Liquidation
[Sikha Bansal is a Partner at Vinod Kothari & Company] The concerns around schemes of arrangement under section 230 of the Companies Act, 2013 in the background of insolvency proceedings under the Insolvency and Bankruptcy Code, 2016 (IBC) have been partly addressed with the ruling of Supreme Court (SC) in Arun Kumar Jagatramka v. Jindal
... Continue Reading.Delhi court puts a full stop to the case against Somnath Bharti after he asks for an apology
The Delhi court today put a full stop to the defamation case against Somnath Bharti, the legislator, Aam Aadmi Party after Ranjana Dwivedi, the journalist decided to blend the case considering an apology put forward to her. The defamation case was filed against Bharti for purportedly using offensive language against Ranjana Dwivedi and tossing
... Continue Reading.Doctrine of Mens Rea and it’s application under IPC
The objective of this article is to understand the concept of the Doctrine of Mens Rea and the development around it. Proving an accused guilty under criminal law requires two essential ingredients namely Actus Reus and Mens Rea. Introduction Mens rea is a specialized term that is for the most part perceived to be a
... Continue Reading.Evidence Of Interested Witness Should Be Subjected To Careful Scrutiny And Accepted With Caution: Allahabad High Court
It is interesting to learn that in a fresh, significant and commendable development, the Allahabad High Court has just recently on March 5, 2021 in a latest, learned, laudable and landmark judgment titled Rampal Singh And Others vs State of UP in Criminal Appeal No. 4506 of 2005 has observed quite emphatically, elegantly, eloquently and
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