How British India Acts Influenced Our Constitution

During the colonial era, multiple acts were introduced by the British to make the administration of such a large, diverse nation convenient for themselves and subsequently, a number of these legislations influenced several provisions formulated by the Drafting Committee, which became an integral part of not only the Constitution of India but the governance system in the country. The...

Know The Constitution [Part I]: The Preamble

We Are Introducing A New Series In LiveLaw -'Know The Constitution' If the Constitution has to be of the people, by the people and for the people, it must first capture the imagination of the masses. The 'Know the Constitution' series is a humble attempt by the team of LiveLaw to unravel the Indian Constitution in all its majesty. The aim is to demystify the Indian Constitution one...

Principles For Determining Claim Of Juvenility Under JJ Act : Supreme Court Explains

In a recently delivered judgment in the case Rishipal Singh Solanki versus State of Uttar Pradesh and others, the Supreme Court has summarized the principles relating to the determination of the claim of juvenility under the Juvenile Justice Act 2015.A bench comprising Justices DY Chandrachud and BV Nagarathna delivered the judgment while dismissing a challenging against the declaration of...

Distinction Between 'Acquiescence' And 'Delay and Laches': Supreme Court Explains

In a judgment delivered on Tuesday (16 November 2021), the Supreme Court explained the distinction between 'acquiescence' and 'delay and laches'.The court observed that the doctrine of delay and laches as well as acquiescence are applied to non-suit the litigants who approach the court/appellate authorities belatedly without any justifiable explanation for bringing action after...

Power To Transfer High Court Judges: Explained

The recent decision of the Supreme Court Collegium transferring the Chief Justice of Madras High Court Justice Sanjib Banerjee to the Meghalaya High Court has again ruffled feathers of the legal fraternity. The recommendation of the collegium has drawn sharp criticism from various quarters of the legal fraternity. With this backdrop, let us understand the procedure to be followed for...

Delhi's Air Quality Crisis : Important Supreme Court Orders On Firecrackers & Stubble Burning [2016-2021]

As the Air Quality Index (AQI) dipped to hazardous category in Delhi and other surrounding cities following the festival of Diwali, the discussion on Supreme Court orders on regulation of firecrackers and stubble burning have again come to the forefront. The Supreme Court over the last few years has passed a number of orders stipulating directions for regulating persistent issues such as...

Insolvency Law in Review – September 2021

The enactment of the Insolvency and Bankruptcy Code 2016 (Code) has had significant ramifications on the corporate insolvency landscape. Over time, the Code has witnessed a manifold increase in litigation, and consequently in the number of decisions. This has made it difficult for insolvency practitioners to stay updated with developments in the field. This column fills this...

Important Judgments On NDPS Act

The Supreme Court of India and various High Courts of the Country have pronounced numerous judgments in the matters related to the Narcotic Drugs and Psychotropic Substances Act, 1985. In this write-up, the important pronouncements are briefly discussed. Union of India through Narcotics Control Bureau, Lucknow v. Md. Nawaz Khan, CriminalAppeal No. 1043 of 2021 A Bench of Justices...

NDPS Act : Are 'Confessional' Statements Given Under Section 67 Admissible In Evidence?

Recently, a Special NDPS Court has rejected the bail application of Aryan Khan by holding that he was in "conscious possession" of the drugs found with Accused No.2- Arbaaz Merchant. The order held that -"in their voluntary statements both of them disclosed that they were possessing said substance for their consumption and for enjoyment. Thus, all these things show that accused no.1 was...

'Conscious Possession' Under NDPS Act: Explained

A Special NDPS Court has recently rejected the bail application of Aryan Khan by holding that even while Narcotics Control Bureau did not recover any drugs in his possession, he would not be entitled to bail as he was in "conscious possession" of the drugs found with Accused No.2- Arbaaz Merchant. The Special judge observed that Khan apparently knew his friend Abaaz Merchant was...

Anti-Defection Law: Explained

The Speaker of the West Bengal Legislative Assembly Mr.Biman Banerjee has approached the Supreme Court against the order of the Kolkata High Court. The Kolkata High Court in its order had, among other things, held that the Speaker must take a decision on the disqualification of Mr.Mukul Roy within 3 months from the date of the order. The following article shall seek to explain...

Explainer: Law On Border Security Force's Enhanced Powers In Border States

The Ministry of Home Affairs recently extended the jurisdiction of the Border Security Force ('BSF) in the states of West Bengal, Assam and Punjab- a move that has invited criticism from the states of Punjab and West Bengal Government for violating the federal structure and infringing the rights of the state police. States have argued that since law and order is a state subject, BSF's...