A Gender-Neutral Society & Effective Decriminalisation of Adultery: The Unaccomplished Feats of India

By: Varun Agarwal INTRODUCTION For innumerable centuries, various factors have nurtured the patriarchal mentality in India. Be it Yudhisthira using his wife as a wager or Rama demanding Sita’s Agni-pariksha, mythology has greatly glorified the concept of male dominance. The practice of Sati and Dowry has been prevalent throughout the history of India. Under the guise of the ‘Will of the Supreme’, the Personal Laws … Continue reading A Gender-Neutral Society & Effective Decriminalisation of Adultery: The Unaccomplished Feats of India

Reconciling Nature and Religion: Efficacy of the Cracker Ban, its Implications and the Way Forward (Part 2)

By: Nikhil Reddy Kothakota We have discussed in the previous post, the effect that the cracker ban has on India and the need for a determinative stance to be taken up by the Supreme Court to reduce the conflicts of human rights that have popped-up under these circumstances, i.e., the implications of the cracker ban. Therefore, in the current post, we discuss the way forward … Continue reading Reconciling Nature and Religion: Efficacy of the Cracker Ban, its Implications and the Way Forward (Part 2)

Reconciling Nature and Religion: Efficacy of the Cracker Ban, its Implications and the Way Forward (Part 1)

By: Nikhil Reddy Kothakota Editor’s Note: This blog post is the first in the forthcoming two-part blog series, discussing the recent cracker ban, its history and the unique position that the Supreme Court found itself in, i.e. reconciling various fundamental rights, reconciling religion with the environment. INTRODUCTION Indian jurists have always sought for a reconciliation of our fundamental rights, with interpreting them as pieces of a … Continue reading Reconciling Nature and Religion: Efficacy of the Cracker Ban, its Implications and the Way Forward (Part 1)

Hyundai Engineering: Revival of the Conundrum Under Section 11 of the Arbitration Act

By: Rajvansh Singh  INTRODUCTION In United India Insurance v Hyundai Engineering (hereinafter ‘Hyundai Engineering’), the respondents had filed a petition under Section 11(4) and Section 11(6) of the Arbitration and Conciliation Act 1996 (hereinafter ‘the Act’) before the High Court of Madras. The appellant resisted the petition by claiming that the condition precedent to arbitration as mentioned in Clause 7 was not fulfilled. The clause … Continue reading Hyundai Engineering: Revival of the Conundrum Under Section 11 of the Arbitration Act

On Constitution of Constitutional Benches by the then CJI, Dipak Misra

By: Anmol Jain INTRODUCTION Dipak Misra, CJI, as he was then, has retired as the 45th Chief Justice of India. During his tenure as the master of the roster, he authored multiple path-breaking verdicts including decriminalisation of adultery and same-sex marriage, upholding the vires of the biometric database of the citizens – Aadhaar, judicial restraint on issue pertaining to criminalization of politics, entry of women … Continue reading On Constitution of Constitutional Benches by the then CJI, Dipak Misra

Apple v. Smapple – Did the Japanese Patent Board Open the Floodgates by Weakening Trademark Protection In Japan?

By: Akash Anurag & Raja Reeshav Roy INTRODUCTION In a recent instance, the Japanese Patent Board (hereinafter ‘Board’) dismissed a trademark opposition claim against the registered trademark ‘Smapple’ on the grounds of less likelihood of confusion with Apple. The opposed mark ‘Smapple‘ was filed by a Japanese entity dealing in repair and maintenance of mobile phones in the year 2017 and the same after acceptance … Continue reading Apple v. Smapple – Did the Japanese Patent Board Open the Floodgates by Weakening Trademark Protection In Japan?

New Avatar of John Doe Order in India: John Doe Order in Non- IPR Cases

By: Ajay Sharma Editor’s Note: To read author’s take on the application of John Doe Orders in Indian Courts, visit here. INTRODUCTION India has borrowed the concept of “John Doe Order” from foreign jurisdictions (such as the USA, English, Canadian and Australian Courts). This is primarily because these jurisdictions have been using and have contributed to the development of the jurisprudence of John Doe Orders … Continue reading New Avatar of John Doe Order in India: John Doe Order in Non- IPR Cases

Position of ‘Fees of the Resolution Professional’ under the Insolvency Resolution Process

By: Pulkit Khare INTRODUCTION Recently an issue with respect to the payment of remuneration for services rendered by an Interim Resolution Professional (hereinafter IRP) was witnessed by Insolvency Bankruptcy Board of India (hereinafter Board).  A Complaint was filed by a Resolution Professional (hereinafter RP) against an erstwhile IRP highlighting the illegal transfer of the ‘remuneration for the services of the IRP’ which were received by … Continue reading Position of ‘Fees of the Resolution Professional’ under the Insolvency Resolution Process

Examining the Contentious Dissent – Hon’ble Justice Indu Malhotra’s Opinion in the Sabarimala Case

By: Chandni Ghatak INTRODUCTION When the judgment concerning the Sabarimala issue was rendered by the Hon’ble Supreme Court of India, amidst the entire furore over the majority holding, there seemed to linger an ‘Et tu Brute’ sentiment amongst activists, targeted directly towards the dissenting opinion authored by Justice Indu Malhotra. Unfortunately, social media has since then, witnessed a large-scale disappointment being showered upon this dissenting … Continue reading Examining the Contentious Dissent – Hon’ble Justice Indu Malhotra’s Opinion in the Sabarimala Case

The Knife Hangs on Section 309: Aftermath of Navtej Singh Judgment

By: Digvijay S. Chaudhary The dust has finally settled on the constitutionality of Section 377. The Supreme Court has declared what the public looked forward to since the court raised the question on Section 377 in KS Puttaswamy v. Union of India (hereinafter ‘KS Puttaswamy’). Apart from declaring Section 377 as partially unconstitutional, certain other aspects were discussed in the historic judgment. One such issue opined … Continue reading The Knife Hangs on Section 309: Aftermath of Navtej Singh Judgment