Legally Speaking

The price of a bag: Too low to argue or too high against a right?

26 Mar 2021 03:24 AM IST

A burning issue that has gathered attention in the past few years in the consumer rights’ litigation is that of ‘unfair trade practices’. According to Section 2(47) of the COPRA 2019 (which is pari materia to definition of unfair trade practices in COPRA 1986), the term ‘unfair trade practices’ means

Is India becoming the next arbitration hub?

25 Mar 2021 11:07 AM IST

India has for long been striving to become a prominent destination and preferred choice of seat for arbitration. Although the urge to be recognised as an investor-friendly pro-arbitration nation has been present for a few years now, actual positive steps were commenced and action taken only relatively recently, with the

SC deprecates practice of passing adverse remarks against judicial officers by HC in judgments

24 Mar 2021 10:28 AM IST

It is a matter of great solace and satisfaction for the judicial officers of lower courts that the Apex Court which is the top court of India in a learned, latest, laudable and landmark judgment titled KG Shanti vs United India Insurance Co Ltd & Ors in Civil Appeal Nos

Protracted trials: Are we heading towards their indoctrination?

24 Mar 2021 10:21 AM IST

“In recognising the humanity of our fellow beings, we pay ourselves the highest tribute.” — Thurgood Marshall The progress of any nation is calibrated on the basis of socio-economic status of the people residing on its soil. The Indian justice delivery system is the key stakeholder in fortifying the socio-economic

Application of the seniority convention in the appointment of the Chief Justice of India

23 Mar 2021 08:59 AM IST

The Supreme Court collegium deals with appointments of judges of the Supreme Court and the High Courts including the Chief Justices of the High Courts, though it has nothing to do with the appointment of the Chief Justice of India. This matter is solely handled by the Union Law Minister

ANTI-TERRORISM LAW AND HUMAN RIGHTS: HISTORY AND WAY FORWARD

22 Mar 2021 03:29 AM IST

“To Deny People Their Human Rights is to Challenge Their Very Humanity.” -Nelson Mandela Human Rights ensure the very virtue of any individual’s survival and a violation of these rights can be intimidating for citizens of a Country. The United Nations defines Human Rights as the “Right to freedom of

Examining the scope of application of Sections 18 & 18A of Scheduled Caste and Scheduled Tribe Act

20 Mar 2021 02:32 AM IST

At the outset, it needs to be clarified that the author will not venture into the propriety or correctness of any of the judicial pronouncements and the instant article will focus only on the scope of applicability of Sections 18 and 18A of the SC/ST Act in the present status

Prithivraj Spinning Mill vs Indian Overseas Bank: Keeping the guard up

19 Mar 2021 02:23 AM IST

The Insolvency and Bankruptcy Code, 2016 is silent in regard to the corporate applicant’s commercial conduct between the time of filing of insolvency application under Section 10 and its subsequent admission/rejection by the adjudicating authority. In this case, when the debt-ridden corporate applicant settled its dues with the second respondent,

Understanding and bursting myths about the new farm laws 2020

18 Mar 2021 03:39 AM IST

The new farm laws aim to modernise the agriculture sector in the country, besides empowering those toiling hard on the field. So, why is there so much protest against these laws?

Institutional arbitration: Spreading wings?

17 Mar 2021 03:09 AM IST

“Arbitration is now the principal method of resolving international disputes involving states, individuals, and corporations. This is one of the consequences of the increased globalisation of world trade and investment. It has resulted in increasingly harmonised arbitration practices by specialised international arbitration practitioners who speak a common procedural language.’ —Redfern

Registration of copyright not mandatory for seeking protection under copyright act: Bombay HC

16 Mar 2021 03:08 AM IST

In a recent, remarkable and reasonable judgment titled Sanjay Soya Pvt Ltd v. Narayani Trading Company in Interim Application (L) No. 5011 of 2020 in Commercial IP Suit No. 2 of 2021 delivered just recently on 9 March 2021, the Bombay High Court has held that registration of copyright is

COLLECTIVE BARGAININIG IN SPORTS: LEGAL REGULATIONS AND CHALLENGES

15 Mar 2021 09:12 AM IST

“An athlete cannot run with money in his pockets. He must run with hope in his heart and dreams in his head” -Emil Zatopek Perhaps the aforementioned quote by the three-time Olympic gold medalist was meant to highlight the spirit of sports in the bygone time – space passageway. Perhaps