Articles
A (Cautious) Case For AI In Legal Research
G. K. Chesterton in Miscellany of Men, offers the readers an insight of a modern intellectual (a character in the story) contemptuously speaking of a creature called 'Man' with 'no fur or feather' in the following words,“I doubt if such an animal is worth preserving,” he says. “He must eventually go under in the cosmic struggle when pitted against well-armoured and warmly protected species, who have wings and trunks and spires and scales and horns and shaggy hair. If Man cannot live without...
Legal Battles Faced By Punjab Government Under Former Advocate General Gurminder Singh's Tenure
During the 18-month tenure of former Advocate General Gurminder Singh(who recently resigned as the AG), the Punjab government witnessed several significant developments and challenges in the Courtroom. From the farmers' protest to the accusation of abuse of power by ruling party in Elections, Singh played a pivotal role in the state's legal battles. Here is a look back at the legal...
One Nation One Election
'One Nation, One Election' is much talked about these days and there are efforts to seek to translate the idea into a reality. The idea, and even more the slogan, sounds quite attractive and appealing. It is allright as an ideal and an aspiration to be looked forward to. But it may not stand closer scrutiny both practically and constitutionally.The Constitution of India has adopted...
Preliminary Enquiry Under Section 173(3) Of The BNSS -- The Supreme Court Solves The Riddle
Section 173(3) is a newly introduced provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'the BNSS'). This provision has given statutory recognition to the procedure of conducting preliminary enquiry by a police officer. However, the debate has been going on in the legal circles as to how this provision could be reconciled with the judgment of the Constitution Bench of...
To Register Or Not To Register? - MSMEs And Arbitration Act
On multiple occasions, the Supreme Court, followed by various High Courts, has emphasised upon registration being a prerequisite for availing benefits under the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as the 'MSMED Act, 2006') especially dispute resolution before the Facilitation Council. However, recently in NBCC (India) Ltd. -v- State of West...
AI Weds E-commerce
It is expected that AI would eventually replace every mode available in life. Love it or hate it but you cannot ignore AI. E-commerce platforms may use AI software to generate product images, catalogues, logistics, browsing, payments or even to display AI generated models for display of jewellery, apparels etc. and various other imaginable / unimaginable aspects.For a sanguine personality...
Unmasking Hardship Of Women Undertrials In India
“Women undertrials, especially those from marginalized backgrounds, suffer prolonged detention, not because they are guilty, but because they are poor."-Justice V.R. Krishna IyerThe Model Prisons and Correctional Services Act, 2023[1], defines an under-trial prisoner as a person who has been committed to judicial custody pending investigation or trial and has not yet been convicted....
The Specific Relief Amendment -Katta Sujatha Reddy - Judgment, Review, And Riddle
In November 2024, the Supreme Court delivered its ruling in a review petition challenging its earlier decision in Katta Sujatha Reddy v. Siddamsetty Infra Projects Pvt. Ltd., (2023) 1 SCC 355 (the “2022 Judgment”).I previously published a two-part analysis of the 2022 Judgment, examining the application of the Specific Relief Amendment Act, 2018 ("Amendment"). In particular, I analysed...
Reproductive Rights In India: Precarious Intersection Of Mental Health And Abortion Law
The Right to Abortion has long been situated at the confluence of constitutional guarantees, ethical dilemmas, and medical jurisprudence. Time and again, abortion laws have divided societies into pro-choice and pro-life factions. This schism is further exacerbated by the moralistic framing of the issue, which often leads to the stigmatisation of abortion and the imposition of restrictive...
Trial In Absentia- A Tool For Justice Or Injustice?
For a fair, expeditious and a successful criminal justice administration the presence of both the parties to a criminal trial (that is the prosecution and the accused) is quintessential. And the predicament arises when one of the parties to a criminal trial either flees away or absconds especially in the light of the Article 14 (3) (d) of the International Covenant on Civil and Political...
Conflict Between Plant Variety Denominations And Trademarks: A Multi-Jurisdiction Comparison
There are various guidelines and regulations surrounding plant variety denominations and trademarks. A comparison of the provisions available in the Union for the Protection of New Varieties of Plants (UPOV) guidelines, Australia, India, the United States and Europe is particularly useful for understanding potential conflicts that may arise between these two protection regimesPlant...
AI Hallucinations And The Non-Delegable Responsibility Of Lawyers
The Bengaluru Bench of the Income Tax Appellate Tribunal recently made headlines for incorrectly passing an Order relying on imaginary judgements that were factually and legally inapplicable to the case at hand.These judgements – one from the Madras High Court and three from the Supreme Court – two were entirely non-existent, one had a citation which led to an unrelated judgement, and...