In this blogpost Purbasha Panda discusses the various changes that have been brought about by the amendment and addition of Section 12 A to the Commercial Courts Act of 2015 and analyses how the mandatory requirement of pre-institution mediation affects the parties involved and the need of confidentiality in mediation. Continue reading Unravelling Section 12 A of the Commercial Courts Act, 2015
In this post, Karan Kamath applauds the judgment of the Bombay High Court in Marico Limited v. Abhijeet Bhansali by arguing that influence marketing is nothing but a veiled attempt to mislead the audience and augments his opinion by citing relevant cases and provisions of the Indian law. Continue reading Social Media Influencers and the Law: Observations after Marico Limited v. Abhijeet Bhansali
INTRODUCTION Since the introduction of the Citizenship Amendment Bill in the Parliament in December 2019, thousands of people around the country have taken to the streets to voice their concerns against its introduction. The same has been met with a ruthless crackdown by the State. Various states have either arrested the protestors or imposed prohibitory orders under Section 144 of the Code of Criminal Procedure … Continue reading Call for Blogs: Blog Symposium 1.0: Building a Healthy Mechanism for Countering Law and Order Problems in India (March 15, 2020)
In this post, Harsh Dhiraj Singh attempts to critically analyse the judgment in Swami Ramdev v. Facebook, Inc. in light of the principle of comity of courts, lays down its ramifications and proposes the way courts should opt while dealing with situations where balancing of rights is needed. Continue reading Baba Ramdev v. Facebook, Inc.: Setting a Wrong Precedent on Global De-Referencing
In this post, Merrin Muhammed Ashraf throws light on the Tamil Nadu Government’s Order which banned sex-reassignment surgery on intersex children. With the help of jurisprudence of UN Convention on Rights of Child and the US Courts, Merin argues in favour of the ban. Continue reading Ban on Sex-Reassignment Surgery on Intersex Children: Resolving the Conflict Between Parental Consent and the Doctrine of Parens Patriae
In this post, Priyadarsini seeks to explore the extent up to which the actions of State in the name of “data protection” can go against the ease to trade or investment with the help of several case laws and the GATS treaty. She, further, explains the situation prevailing in different parts of the world and identifies the loophole against which the law needs to be revised. Continue reading Are Data Protectionist Measures Trade/Investment Barriers?
In the latest post, Aastha Agarwalla attempts to analyse the latest amendments to the Indian Stamp Act, 1899, by outlining their objectives, predicts the possible outcomes of the change in the stamp duty regime and concludes by appreciating the amendments in the light of a sluggish economy. Continue reading Decoding the Amendment to the Indian Stamp Act, 1899
In this post, Tanishk Goyal seeks to criticise the immunisation of the individual judges from public scrutiny or criticism along with the absolute exemption of the Judges of the Courts of Record from the purview of the Contempt of Courts Act, 1971. He further suggests a framework which harmoniously construes the Contempt of Courts Act, 1971 with the contempt provisions thus, placing the seat of justice of the lower and higher judiciary, at an equal pedestal when it comes to matters of criminal contempt. Continue reading Initiation of Proceedings for Criminal Contempt of Court: Where to Draw the Line?
In the concluding post of the two-part blog series on the inadequacy of the purity-pollution analysis of untouchability, Uttara Vijayakumar examines how the prohibition of discrimination based on race and place of birth is also underwritten by notions of supremacy and inferiority, thus culling out notions of supremacy and inferiority as the scheme of Article 15(2). Continue reading Untouchability: The Inadequacy of Purity-Pollution Analysis: Part II (Discrimination on Grounds of Race and Place of Birth)
In the first post of the two-part blog series on the inadequacy of the purity-pollution analysis of untouchability, Uttara Vijayakumar sheds light on the inadequacy of restricting the definition of untouchability to only those instances of social exclusion based on purity and pollution, and consequentially the need to include social exclusion based on arbitrary notions of supremacy and inferiority under Article 17. Continue reading Untouchability: The Inadequacy of Purity-Pollution Analysis: Part I (Social Exclusion based on Supremacy-Inferiority as Untouchability)