Legally Speaking

Media trials, Mahatma Gandhi and law

19 Aug 2020 06:48 AM IST

The Bombay High Court issued notices to lawyers regarding their conduct, not as citizens but as advocates and pleaders. The court observed that it had “nothing to do with their political views” nor “with expressions of opinion on their part, however strong, against any particular measure proposed by the legislature”.

Euro-centrism, Islamic jurisprudence and public international law: An examination

18 Aug 2020 06:36 AM IST

It’s rightly said that “Law of nations is nothing but a law of nature applied to nations in a state of natural liberty.” An insightful dealing with the genesis of public international law from the lens of most of the international jurists such as L.F.L Oppenheim, however, depicts a distorted

Maintainability of suits in light of arbitration

18 Aug 2020 06:34 AM IST

The article will reflect on the essentials of maintainability of suit in light of Section 8, the suits which Maintainability of suits in light of arbitrationare barred and the suits which are not barred.

Multilateral Instruments & General Anti-Avoidance Rules: An Interplay

17 Aug 2020 06:16 AM IST

A. The genesis of Multilateral Instruments A.1. Introduction Multinationals (“MNCs”) operates in various countries, and such entities may be taxed both the countries, i.e. country of their residence as well as the source country. Countries enter into treaties to avoid double taxation in the source as well as resident countries.

Covid-19 and the courts

15 Aug 2020 06:56 AM IST

The experience online has been refreshing. One has to ensure that one has downloaded the necessary apps which are usually Webex, Vidyo, or Zoom depending on the forum one is arguing in. The hearing can be conducted not just on a desktop but various other instruments such as a cell

Decriminalisation of the offence of dishonour of cheques: Are we moving in the right direction?

14 Aug 2020 06:53 AM IST

Cheque is a common mode of payment and also ensures accountability of income. In order to ensure the credibility of cheques, it is necessary that there should be some deterrent of punishment in mind of the person issuing them, so that they ensure that the cheques issued is duly honoured

Dr Ambedkar on constitutional morality

14 Aug 2020 06:52 AM IST

There are quite a few myths that abound in relation to the Indian Constitution, in particular in relation to its preparation and its nexus with the Government of India Act, 1935. Contrary to popular perception which gives the impression that the Constitution is the product of a solo act, the

Domestic violence: Another pandemic?

13 Aug 2020 06:26 AM IST

“The situation, in which we are placed today, is one which the country – and, indeed, the world – has not witnessed earlier and, hopefully, would not have to witness again. It is incumbent, on every member of the populace, to be aware of the forbidding nature of the struggle,

Future of India’s dispute resolution

13 Aug 2020 06:26 AM IST

To analyse the efficacy of the VC system, the Gujarat High Court has recently published a Report on Working of the Courts through Video Conferencing.

Legal personhood, liability and future of artificial intelligence: Thinking it through

12 Aug 2020 06:45 AM IST

When we look at artificially intelligent devices, or independently function-able machines with deep learning capabilities, can they be classified as persons? Can it be argued that now that these devices are able to replicate human emotions and gestures, they have an apparently independent intellect that they are now human-like?

General principles on execution of a decree against a dead person

11 Aug 2020 06:31 AM IST

This article shall attempt to shed light on the scope of the following with the help of certain judgments propounding on its applicability; ex-parte judgments and its implication in light of two scenarios, namely: 1) where the party is unaware of the death of the respondent, 2) willingly upholding information

Remission power of President and Governor: A discussion

10 Aug 2020 06:22 AM IST

Recently, a three-Judge Bench of the Supreme Court in the matter of Pyare Lal v. State of Haryana framed an important question of law for the reference to the larger bench to consider- “Whether in exercise of power conferred under Article 161 of the Constitution a policy can be framed,