Articles
The Silent Burden Of Paper: A Plea For Technological Equity In Delhi's District Courts
The weight of justice in Delhi's Rouse Avenue District Court often manifests itself quite literally – in the voluminous records of case files. On any given day, navigating records that routinely surpass a few thousand pages is the norm for lawyers practicing here in white-collar crime litigation. It was against this backdrop, during the recording of evidence in a bank fraud matter, that...
Indira Gandhi's Lawyer From Mauritius
As the 50th anniversary of the Emergency looms next month, my mind goes back to the fast paced legal developments starting from 12th June, 1975, which led to the Proclamation of the Emergency on the 25th of June. In that legal drama which unfolded, one of the lawyers of Indira Gandhi, a Mauritian barrister named Madun Gujadhur has not received sufficient notice.On the 12th of June 1975, a...
Should Grounds Of Arrest Be Mandatorily Supplied 'Prior' To Arrest In Every Case?
After the Apex Court reiterates ground of arrest should be informed to the arrestee, a new argument is being raised by the prosecution side that if somebody is caught red-handed committing an offence...whether still notice stating his ground of arrest should be required to be given to him? Doesn't he know as to why he has been arrested? If a person is found in possession of huge quantity...
Can Arbitral Awards Be Modified In Setting-Aside Proceedings? – A Brief On Supreme Court's Re-Interpretation Of Section 34 Of Arbitration Act
Section 34 of the Arbitration and Conciliation Act, 1996 ('Act'), governs the setting-aside of awards arising from arbitrations seated in India. This provision does not provide any powers for the setting-aside court to vary or modify portions of the award. This was the legal position in vogue under Indian law, until the Hon'ble Supreme Court's reinterpretation of Section 34, by its judgment...
Section 131 of BSA- Deliberate Legislative Exercise Or Draftsman's Error?
Every citizen who has knowledge of the commission of any cognizable offence has a duty to lay information before the police and co-operate with the investigating officer who is enjoined to collect the evidence.1 It is the duty of every citizen to give information to the police regarding the commission of any offence of which he has got knowledge. Does the law protect a person, who is a...
Senior Advocate Sanjay Singhvi: A Life Of Commitment Combined With Determination And Compassion
Sanjay Singhvi was an indefatigable foe of injustice: right from the stirrings of youth to his wrenchingly early death at the age of 66. In different phases of his life, Sanjay immersed himself in an astonishing range of commitments: student activism, the fight against caste atrocities, the struggles of slum-dwellers and workers and the cause of communal harmony. These were all deep engagements in Sanjay's pursuit of justice and bore shining testimony to his unflinching egalitarian...
Opportunity Of Hearing To Proposed Accused At Pre-Cognizance Stage In Complaint Cases: Implications Of Proviso To S. 223(1) Of BNSS
OverviewThe Bharatiya Nagrik Suraksha Sanhita, 2024 (for short, BNSS), a transformative piece of legislation, has redefined criminal jurisprudence by incorporating a proviso to Section 223(1). This provision stipulates that in cases originating from private complaints, the magistrate must serve a notice to the accused, affording them an opportunity to be heard prior to the court taking...
Judging Chats: The Legal Maze Of Whatsapp Evidence In India
In 2024, the Canadian court in the case of South West Terminal Ltd. vs. Achter Land and Cattle Ltd. held that a “thumbs up” emoji in a text message was a valid form of acceptance in a contract. This case highlights the evolving role of electronic signatures and electronic evidence.The Indian courts and statutes are advanced and accept the evolution of digital communication. From casual...
Protestations To Supreme Court Judgment Untenable
In the ongoing politico-legal debate certain fundamentals need to be remembered and kept in view so that the focus is not lost. These fundamentals are:The Constitution has adopted the Cabinet form of representative democratic government tersely described as based on the 'Westminster model' where the King reigns but does not rule, the real power being vested in the Council of Ministers on...
Hungary's Open Defiance And International Criminal Court's Uncertain Future
The Hamas attack of Israel on October 7 has set off a chain of events that sees no potential end in sight soon. The horrific nature of the attack and the equally dreadful counterattack by the Israel Defence Forces (IDF) has ignited a regional armed conflict with non-state groups and several Arab and European countries playing a proxy war with each other. In response, the IDF launched a...
Supreme Court In Defence Of Rule Of Law, Federal Loyalty And Constitutional Supremacy
In a landmark judgement emblematic of stare decisis, the Supreme Court of India recently clarified the temporal limitations on the President's authority to reserve Bills under Article 201 of the Constitution, capping such reservations at three months. This jurisprudential milestone, arising from the State of Tamil Nadu v. Union of India (2023), has sparked a significant constitutional...