The Devious use of Ordinances by the Legislature

Generally, there are three main categories of governmental functions, namely, the legislative, the executive, and judicial functions. To exercise these functions there are three main organs of the government in a State, namely, the legislature, the executive, and the judiciary. In a free democratic state, there must exist a separation of powers between the organsContinue reading “The Devious use of Ordinances by the Legislature”

Position of Fundamental Rights In Re Of The Proportionality Test

‘We the people of India’ are guaranteed some fundamental civil and political rights to safeguard individual liberty and equality under the constitution. Under part III of the constitution, six fundamental rights are given to the citizens laid down from Article 14 to 35.[1] These rights are essential to ensure social, economic, and political justice andContinue reading “Position of Fundamental Rights In Re Of The Proportionality Test”

Principle of Noscitur a Sociis

‘A man is known by the company he keeps.’ –Aesop The will of Legislature is expressed in the form of statutes and it is possible that when Judiciary applies the statute, then some words of the statute are ambiguous and sometimes the whole provision of the statute is not clear so the Judiciary interprets orContinue reading “Principle of Noscitur a Sociis”

Tender of Pardon under the Code of Criminal Procedure

A Pardon is an act of mercy or forgiveness. Tender means “offer”. Tender of pardon thus means an offer of mercy or forgiveness given to a person who is accused of committing, attempting to commit, or being otherwise involved in the commission of a certain offence. A pardon exempts the individual on whom it isContinue reading “Tender of Pardon under the Code of Criminal Procedure”

Delay in Justice: Should it be Penalized?

Justice is the constant and perpetual will to allot to every man his due.  -Domitus Ulpian A good society requires fair access and administration of justice. It is the means by which all the injustices established in the society can be sanctioned and removed so as to ensure a better, safe, and peaceful society. Mr.Continue reading “Delay in Justice: Should it be Penalized?”

Case Analysis: Swapnil Tripathi v. Supreme Court of India

There are a large number of cases pending in Indian courts and considering this situation it might not be possible for everyone to attend the sessions of apex court because of infrastructural restrictions, security reasons, time constraints and other formalities involved in courts. On any given day, the Supreme Court is heavily packed with Advocates,Continue reading “Case Analysis: Swapnil Tripathi v. Supreme Court of India”

New Zealand Shipping Co vs A.M. Satterwaite: A Comment on the Doctrine of Privity

New Zealand Shipping Co vs A.M. Satterwaite (The Eurymedon) is a 1974 case. It’s a leading contractual law case focusing on the concept of the third party to a contract, specifically examining the conditions under which a third party may seek the benefits of an exclusion clause. In it, the Eurymedon is delivered to Liverpool.Continue reading “New Zealand Shipping Co vs A.M. Satterwaite: A Comment on the Doctrine of Privity”

Intellectual Property amidst COVID-19

COVID 19, short for Corona Virus Disease 2019 has taken the world by storm. Intellectual Property has also been affected. The outbreak of the pandemic saw the cancellation or postponement of various IP events namely the ‘MARQUES Spring Meeting, the IACC Annual conference, ICANN’s Mexico meeting, and the INTA annual meeting. Certain remedial measures wereContinue reading “Intellectual Property amidst COVID-19”

Independent Thought v. Union of India

The judgment in Independent Thought v. Union of India[1] makes it a landmark case in the area pertaining to rape laws. The issue before the Hon’ble Supreme Court was whether sexual intercourse between a man and his wife being a girl aged between 15-18 years amounts to rape, which the bench considered of utmost publicContinue reading “Independent Thought v. Union of India”

Constitutionality of the RTI Amendment

Information is the currency that every citizen requires to participate in the life and governance of society Justice A. P. Shah, former Chief Justice, Delhi, and Madras High Courts, (2010) On the 12th of October 2005, the Indian Parliament effectively did away with the controversial and allegedly counter-intuitive Freedom of Information Act, 2002, and replacedContinue reading “Constitutionality of the RTI Amendment”

Rules of Interpretation

There are generally two types of tools of general principles of interpretation which are applied by courts. These are: 1. Statutory It mainly includes the General Clauses Act, 1897. For example, the definition of property defined under the General Clauses Act, 1897; Transfer of Property Act, 1882; Registration Act, 1908. 2. Non- statutory It consistsContinue reading “Rules of Interpretation”

The Judgement on Adultery – Joseph Shine v. UOI

“When reason of law ceases, the law itself also ceases” The Supreme Court of India in its judgment dated 27 September, 2018 struck down the pre-constitutional provision of adultery (Section 497) from the Indian Penal Code (hereinafter referred to as IPC). What is Adultery? In simple terms, Adultery refers to voluntary sexual intercourse by aContinue reading “The Judgement on Adultery – Joseph Shine v. UOI”

Essar Steel – a Landmark Case under I&B Code

Essar Steel is a fully integrated flat carbon steel manufacturer – from iron ore to ready-to-market products – with a current capacity of 10 million tons per annum (MTPA).[1] Presently, Essar Steel is owned and controlled by Arcelor Mittal. This insolvency proceeding of Essar Steel is a long journey of about two years with manyContinue reading “Essar Steel – a Landmark Case under I&B Code”

Case Comment – Harshad J. Shah v. LIC of India

In the case of Harshad J. Shah v. LIC of India[1], the Supreme Court dealt very closely with the issue of apparent/ostensible authority of an agent. While considering the question whether an LIC agent carried the apparent authority to collect premium cheques from policy-bearers, the Court examined the LIC of India (Agents) Regulations, 1972 andContinue reading “Case Comment – Harshad J. Shah v. LIC of India”