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...

The Indian Influence On Kenya's Mental Health Jurisprudence

On the 9th of January, 2025, a landmark decision in Kenyan National Commission on Human Rights v. Attorney General delivered by the High Court of Nairobi declared section 226 of the Kenyan Penal Code, which criminalised attempted suicide, as unconstitutional. The provision when read along with section 36 of the Kenyan Penal Code, penalised any person who was guilty of attempting suicide with...

A Case For Harmonizing Gen AI And The Copyright Regime

Globally, Generative AI (Gen-AI) developers are facing lawsuits from publishers, and India is no exception. Gen-AI developers have been accused of using content generated by publishers & authors to train their AI models and then using it for profits. At the outset, while this sounds like violating copyright protection, there are deeper questions worth considering here.Copyright Is...

Deposit To Be Made In Cases Fit For Grant Of Stay Of Award -Mixed Signals From Supreme Court

The Supreme Court can't make up its mind on the quantum of deposit required to be made in cases fit for the grant of stay on the enforcement of arbitral award under Section 36(3) of the Arbitration and Conciliation Act, 1996 (“the Act”).Section 36(3) gives the Courts hearing application under Section 34 the discretion:1. to grant stay on the enforcement of the arbitral award; and if...

Assessing Incidental Transactions In Financial Companies: A Taxation Conundrum

In ordinary business discourse, it is a commonly accepted bitter truth that sometimes debtors are unable to pay their debts. Debtors can be wilful defaulters or in certain cases, their inadequacy to service the debt might be genuine. In either situation, the seller/ creditor suffers a real monitory loss, known as bad debt. The Income Tax Act, 1961 provides some respite in bonafide cases of...

Turtles Dying On The Tamil Nadu Coast: What Is The Law On Point?

The coast of Chennai in Tamil Nadu is a well-known nesting site for Olive Ridley Sea Turtles. However, this year the Tamil Nadu coast witnessed over 1100 dead turtles wash over the shore. Despite the welcome increase in the number of nests recorded subsequently, the mass death of turtles merits an enquiry. The Southern Bench of the National Green Tribunal ('NGT') took suo moto cognizance of...

Does India Need A Refugee Law?

Few weeks back a video from Tripura went viral on social media. In the video some girls could be seen taking a selfie video near the border-fencing while some Bangladeshi nationals are seen on the other side clinging to the fence. The video received a mixed reaction. Many took it in a humorous and light-hearted manner, but some raised concerns about how porous India's borders are to...

Custody Of Two Years and Four Months The New Norm For Bail In PMLA Cases?

Bail in cases registered under the Prevention of Money Laundering Act, 2002 (“PMLA”) is granted under Section 45 of the Act which requires two conditions to be satisfied. The first is that the public prosecutor is to be heard before granting of bail. The second requires the satisfaction of the court that “there are reasonable grounds for believing” that an accused is not guilty of...

Justice Rekha Palli: Recollections Of A Law Researcher

As the month of February, 2024 was drawing to a close, I arrived at the Delhi High Court for my interview for the position of a Law Researcher in the Court of Justice Rekha Palli. Winter had begun to fade, giving way to the warmth of spring. The autos and cars parked on the side of the road coupled with the slow moving traffic on Sher Shah Road was a sight I would become accustomed to over...

A Relook At Custodial Legal Framework: An Argument For Shared Custody Between Parents

“...We have also interviewed minor child in our chamber. He frankly told us that he loves both Mummy and Papa.Considering his age, in our opinion, he can not be judgmental[1]…”These observations by the Bombay High Court sum up the natural bond which a child shares with both his mother and father. The institution of marriage in India is going through a change with the evolving...

Valuation Under Insolvency And Bankruptcy Code, 2016

Justice Brandeius in Missouri ex rel. Southwestern Bell Telephone Co v Public Service Commission[1] Mentioned that- “value is the word of many meanings”. The concept of value includes market value, value to owner, utility cost, fair value, intrinsic value or justified price and normal value critical to all parties in any bankruptcy proceeding (Thomas, 1990). Valuation in simpler terms...

IPR Law And Atrocities Act: Intersectionality Of Identity Politics And Knowledge Economy

On 24 January 2025, a seminal judgement on the scope of intellectual property law and its correlation with human rights and criminal law came from the Supreme Court. In the case titled The Principal Secretary Government of Maharashtra & Anr. vs. Kshipra Kamlesh Uke & Ors.[1] the Supreme Court dismissed the Special Leave Petition filed by the Government of Maharashtra and upheld...