Recent Updates

I. Supreme Court directs Child Welfare Committees (CWCs) to complete inquiry on orphans within 3 weeks. It has been reported that more than one lakh children have lost either one or both parents struggling during COVID-19. The survival of such children is at stake. This observation has been made by the division bench comprising JusticeContinue reading “Recent Updates”

Tata Iron and Steel Co. Ltd. v State of Bihar

By Anurag Jain [1] FACTS OF THE CASE The present matter at hand deals with the concept of Territorial Nexus as mentioned under Article 245. The dispute in the matter is on the opinion of imposition of tax on the annual turnover of the assesse, Tata Iron and Steel Co. Ltd., after the enactment ofContinue reading “Tata Iron and Steel Co. Ltd. v State of Bihar”

Unwinding the Crypts: Himesh Bhatia v. Kumar Vivekanand

By John Paul Alex [1] The cryptocurrency regime in India has been gaining momentum over the past few years despite regulatory uncertainty and intense volatility. Reports have suggested that Indians have shifted from investing in gold to cryptocurrencies lately. The Covid-19 pandemic has popularised electronic contracts, which led to the increase in numerous cryptocurrency transactions.Continue reading “Unwinding the Crypts: Himesh Bhatia v. Kumar Vivekanand”

Cross Border Insolvency under the Indian Regime: Necessity of Amending the Legislation post the Covid-19 Pandemic

By Sharbani Kar [1] & Pratik Dash [2] This paper begins by discussing the impact of COVID-19 on Cross border Insolvency proceedings. The Model Law and its core principles are discussed with the adoption by the developing nations. Under Sections 234 and 235 of the Insolvency and Bankruptcy Code, 2016, India has a cross-border insolvencyContinue reading “Cross Border Insolvency under the Indian Regime: Necessity of Amending the Legislation post the Covid-19 Pandemic”

Period Leaves for Women: Is it Violation of Right to Equality?

By Tejaswini Kakade [1] In a significant move, Zomato, a food delivery company in India has granted 10 days of ‘Period leave’ in a year to women and transgender. Apart from Zomato, three other organisations, i.e., Culture Machine, Gozoop, and FlyMyBiz, have introduced period leave for their employees. Bihar Government in 1992 has allowed periodContinue reading “Period Leaves for Women: Is it Violation of Right to Equality?”

Whether the Reserve Bank of India is Independent Enough?

By Sanskriti Shrivastava [1] INTRODUCTION Without a doubt, since the very beginning of the Reserve Bank of India (“RBI”), the central bank of our country has worked at par with any of the leading central banks around the world. Unlike any other center-owned body, RBI is fortunate enough to hold independence on a wide rangeContinue reading “Whether the Reserve Bank of India is Independent Enough?”

A Critique on the Implications of Counter-Guarantee vis-à-vis Bank Guarantee and Letter of Credit

By Samrudh Kopparam [1] ABSTRACT With the emergence of the COVID-19 pandemic, the entire world went into lockdowns which immensely impacted the global economy. To recuperate from this impact and ‘rebuild’ the global economy, global cooperation, collaboration, and international trade is of the essence. At times like these, transactional security becomes pivotal to bring inContinue reading “A Critique on the Implications of Counter-Guarantee vis-à-vis Bank Guarantee and Letter of Credit”

The Prevention of Cruelty to Animals Act, 1960: Prolonged Injustice

By Mishi Aggarwal [1] INTRODUCTION “The greatest privilege that comes with freedom of speech is using your voice for those who don’t have one.”– Ricky Gervais The purpose of the law is to keep human actions in check in order to make sure that every being is not just alive and surviving but also livingContinue reading “The Prevention of Cruelty to Animals Act, 1960: Prolonged Injustice”

Assessing the Viability of Green Channel Route for Combination Approvals in a Resolution Plan

By Priya Ganotra & Sharvari Manapure [1] INTRODUCTION In India, the Competition Act 2002 (hereinafter “Act”) follows the philosophy of fostering competition and protecting markets in India from anti-competitive actions. However, in any market, a firm may find it difficult or unable to deliver its goals and business activity can fail, resulting in default inContinue reading “Assessing the Viability of Green Channel Route for Combination Approvals in a Resolution Plan”

Retrospective Tax Repealed: A Step in The Right Direction?

By Kumar Shubham [1] INTRODUCTION The passing of The Taxation Laws (Amendment) Bill, 2021, the 14 years controversy of retrospective taxation has ended. This bill seeks to amend retrospective tax on the transfer of value of foreign shares if those shares accrue value from assets in India. The primary objective is to refund Rs 8100Continue reading “Retrospective Tax Repealed: A Step in The Right Direction?”

Emergency Arbitration: A Climax for ADR in India

By Kashish Khurana & Aaradhy Shrivastava [1] INTRODUCTION The dispute resolution techniques have been emerged as a saviour for the lengthy time-consuming judicial procedures in India. The technique of Emergency Arbitration is one such interim dispute resolution technique that has been evolving for providing an effective resolution to the parties. Emergency Arbitration is like aContinue reading “Emergency Arbitration: A Climax for ADR in India”

Sampurna Kanungo, Corporate Law

An alumna from our very own college, she was included in the Dean’s merit list for ranking second overall in the BA LLB (Hons.) Program. She has also represented our college in various debate competitions and was also the Head of the Law Review Committee last year. She is now working for Cyril Amarchand MangaldasContinue reading “Sampurna Kanungo, Corporate Law”

Vaishnavi Gupta, Business Law

Alumni from our very own college, she works as an associate at Khaitan & Co. She finished her degree with a specialization in banking, finance, corporate, and securities law. Interviewed by Kshitij Kasi Viswanath INTERVIEWER What inspired you to take up law and continue it with the rigour you are currently working with Khaitan? VAISHNAVIContinue reading “Vaishnavi Gupta, Business Law”

Over The Top with OTT Censorship?

By Madiha Pagarkar, & Riya Barve [1] INTRODUCTION Over The Top platforms or OTT platforms have seen massive growth in India in recent years. With an ever-increasing user base, these platforms have been pushing out content non-stop to meet the rising demand while remaining almost entirely unregulated. On the 25th of February, the Indian GovernmentContinue reading “Over The Top with OTT Censorship?”

Obstetric Violence in Brazil as a Violation to the Right to Information

By Julia Moreira Maschio [1] INTRODUCTION The fight against obstetric violence is constant and is mainly based on human rights, considering that this issue is a public health problem. In this sense, it is possible to notice the efforts of the Ministry of Health to create public policies to prevent and guarantee women’s health. However,Continue reading “Obstetric Violence in Brazil as a Violation to the Right to Information”

Ipshita Dey, In-house law practice

Ipshita is a corporate legal attorney and is one of the best in her field. Rightfully recognized for her expertise in corporate affairs, drafting, and alternate dispute resolution skills, Ipshita has interned for Supreme Court advocates and various legal firms and is currently a legal manager at a U.S. $2.7 billion enterprise Welspun Group. InterviewedContinue reading “Ipshita Dey, In-house law practice”

Samarth Jaidev, Master of Laws (LLM)

An alumnus from our very own college, he is a talented individual who complements his work through sheer handwork and dedication. After spending a year in service to the Supreme Court of India, he is now pursuing his LLM from the prestigious King’s College in London. Interviewed by Ghazal Bhootra INTERVIEWER Could you give aContinue reading “Samarth Jaidev, Master of Laws (LLM)”

Clarissa D’Lima, Real Estate Practice

Clarissa, alumni of Kirit P. Mehta School of Law, is an associate at Fox Mandal. Her specialisation lies in Real Estate. She has also previously held the position of Editor-in-chief of the Publication Committee. Interviewed by Ghazal Bhootra INTERVIEWER Please tell us about yourself. CLARISSA D’LIMA I am a 2021 batch graduate of KPMSoL. IContinue reading “Clarissa D’Lima, Real Estate Practice”

Parental Liability for Prenatal injury

By Atal Anand & Pratik Sainy [1] INTRODUCTION In the past three decades, the child’s right to claim damages from a third party has changed drastically. Injuries that affect the development of an unborn child resulting from another person’s negligence are considered prenatal injuries. Before 1947, the Court usually denied the child’s cause of action.Continue reading “Parental Liability for Prenatal injury”

Case summaries (27th September – 3rd October)

By Sarika Agarwal, SY BA LLB POSH Act: Guidelines issued to protect identities of parties involved (P v. A & Ors) On 27th September 2021, the Bombay High Court has released a set of guidelines to be followed in cases involving Sexual Harassment of Women at the Workplace. The rules deal with the format ofContinue reading “Case summaries (27th September – 3rd October)”

Justice K.S Puttaswamy v. Union of India: Aadhar Judgement – 26th September

Submitted by Nikita, SY BBA LLB The Central Government introduced the Aadhaar Card in 2011. A new agency, the “Unique Identification Authority of India (UIDAI),” was created to issue the card. Aadhaar is a 12-digit, one-of-a-kind identification number. Aadhaar was meant to be the principal identifying number for all residents who are residing in IndiaContinue reading “Justice K.S Puttaswamy v. Union of India: Aadhar Judgement – 26th September”

The Patent Rights in Indian Legal System

-By Nikita, SY Division B The Patents Act of 1970 and the promulgated provisions control the identification and implementation of patent rights in India. The Patents (Amendment) Act 2005 modified the Act, bringing the Indian patent regime into adherence with the WTO Agreement on “Trade-Related Aspects of Intellectual Property Rights 1994 (TRIPs).” The newest modificationContinue reading “The Patent Rights in Indian Legal System”

Freedom of Speech and Prashant Bhushan’s case

-By Rakshinda Raheman, SY BA LLB C “If the freedom of speech is taken away, then dumb and silent, we may be led, like a sheep to its slaughter.” ~ George Washington The Constituent Assembly amended Article 19(2) in June 1951, just months after the Constitution went into effect, to add three additional specified limitations towards theContinue reading “Freedom of Speech and Prashant Bhushan’s case”

Environmental Impact: Assessment of the Draft Notification 2020

The environment, in itself, is an important aspect and a debated subject around the world. We have noticed the concerns of developed, developing and underdeveloped nations at the Paris accord. Every country requires holistic growth in every sector, but that should not come at the expense of environmental concerns.

Period Leave Policy: The Debate Continues

In the first week of the August of 2020, an Indian food delivery and aggregating company introduced trans-inclusive period leaves for all of its menstruating employees. In a note to the staff, the CEO said the move of introducing ten days leave policy was to “foster a culture of trust, truth and acceptance”.

Differently Abled Women – A Struggle to Live Independently

Women with disabilities can have plural identity markers because they are marginalized in Indian society based on their disability and other ‘socio-cultural identities’ that divide them into various categories. That is to say that women with disabilities can be invisible or side-lined in the human rights debate, and because of this reason are unable to enjoy the rights available to them.

Review: Maverick Unchanged, Unrepentant by Ram Jethmalani

Maverick Unchanged, Unrepentant is written by a former politician, highest rated criminal lawyer, and an international legal authority: Ram Jethmalani. The book ponders over various diseases that are inherent in government; ranging from Kashmir, China, Pakistan, fundamentalism to black money, corruption, governance, and the rise of terror.

SC Gives Telecoms Ten Years to Pay AGR Dues

After a legal battle of twenty-one years, a three-judge bench of the Supreme Court has given the final verdict on the Adjusted Gross Revenue (“AGR”) dues of the Telecom Companies (“Telecoms”). The Court had already calculated the AGR dues in October 2019 and now the Court has given a time-frame of ten years to theContinue reading “SC Gives Telecoms Ten Years to Pay AGR Dues”

Daughters are Entitled to have Equal Coparcenary Rights Even if Born Prior to Hindu Succession Amendment Act (2005)

In Vineeta Sharama v. Rakesh Sharma, the Supreme Court rectified its mistake in Prakash v. Phulavati, where it had held that, “the rights under the amendment are applicable to living daughters of living coparceners as on 9-09-2005 irrespective of when such daughters are born”. This precisely means that the daughters cannot ask for equal rightsContinue reading “Daughters are Entitled to have Equal Coparcenary Rights Even if Born Prior to Hindu Succession Amendment Act (2005)”

Defence of Juvenility and Unsoundness of Mind Must be Raised During Trial

A three-judge bench of Supreme Court in Mohd. Anwar v. NCT of Delhi held that “a plea of unsoundness of mind as under section 84 of the Indian Penal [C]ode along with attempts to mitigate the punishment by raising the defense of juvenility must be raised during the trial as opposed to [during] a laterContinue reading “Defence of Juvenility and Unsoundness of Mind Must be Raised During Trial”

Dalbir Singh v. NCT of Delhi

The above-named Appellant appealed the Order of the Delhi High Court rejecting the Appellant’s claim for release of compensation  under Section 357(3) of CrPC. The Respondents, members of the police force, were accused of having illegally detained and torturing the Appellant’s son in connection with a theft case. The Appellant’s son succumbed to injuries causedContinue reading “Dalbir Singh v. NCT of Delhi”

Common Cause v. Union of India

The Applicant herein, M/s Orissa Minerals Development Company Limited sought condonation of delay in the payment under the Order passed by the Court. The Applicant had also requested for a direction to the State of Orissa to conduct joint verification of the undisposed stock and allow sale of the same to enable the Applicant companyContinue reading “Common Cause v. Union of India”

New Education Policy: A Critical Analysis

India will have the highest youth population in the word in the upcoming decade and it is a shared responsibility of the government to provide contemporary educational opportunities to the students to shape the future of the country. This can be done only if the education policy targets the idea of universal access to quality education which will be a key to social and economic justice.

Amish Devgan v. Union of India

This was a petition filed by Amish Devgan, a journalist and managing editor-in-chief of News 18, under Article 32 of the Constitution to quash FIRs arising from the same cause of action in different states. The contention is against calling Khwaja Moinuddin Chishti, a revered saint of India, as a terrorist and a robber onContinue reading “Amish Devgan v. Union of India”

Arnab Manoranjan Goswami vs the State of Maharashtra & Ors.

The foundation of this case was more political in nature than legal, but this commentary will be focusing on, and restricted to the legal aspects of it. It all started back in the year 2018, when Arnab Goswami, the owner of ARG Outlier Media, and two other accused were booked by the Alibaug Police forContinue reading “Arnab Manoranjan Goswami vs the State of Maharashtra & Ors.”

The Colossal Epidemic: Violence Inside, Virus Outside

In the ever-progressing time of today, women want to be treated equally and respectfully. In a male-dominated society, women want to be regarded as individuals with feelings, aspirations, and dreams. Unfortunately, some women fall prey to beatings, torture, and violence by their counterparts.

Centennial of the Nineteenth Amendment

The fight for complete equality for women at large, in common parlance, the feminist movement has seen waves that have been instrumental for women acquiring a plethora of rights: the right to work, the freedom of choice, the right to pursue an education, freedom from sex discrimination, sexual and bodily freedoms, etc. None, however, would be as important as the right to vote.

Mr Gajendra Maheshwari on Data Privacy

Mr Gajendra Maheshwari is a Managing Partner at Reina Legal, based in Delhi/NCR. He is a qualified Chartered Accountant, a Certified Management Accountant, and a lawyer with an LL.M, LL.B from Jai Narain Vyas University, Jodhpur. His areas of interest are taxation laws, and data protection and privacy laws.

Virtual Meetings of the Companies: MCA’s Reaction to COVID 19

These difficult times where COVID-19 has forced us to be in lockdown has impaired the functioning of various companies. Various important matters about the company which require the physical presence of the shareholders in a meeting are improbable in the current scenario considering the fatal consequences and following social distancing norms to protect oneself from endangering his/her life.

The Curious Case of NLAT

The National Law Aptitude Test (“NLAT”) was an alternate entrance exam created by NLSIU to admit the 2020-25 batch of students during the COVID-19 pandemic. The contentions to NLAT are in light of the by-laws of the CLAT consortium stating that no institution of the consortium can hold an individual entrance exam while being partContinue reading “The Curious Case of NLAT”

Mr Jayant Bhatt on Contemporary Law Practice

Jayant Bhatt is an independent lawyer based in New Delhi, India. He holds a dual LL.M from New York University, USA and the National University of Singapore. He is a member of the Supreme Court Bar Association and Delhi High Court Bar Association. Besides being a practising advocate, Mr Bhatt is a prolific speaker and believes in greater societal good. He has a keen interest in mentoring young minds and is an advisory member of various organizations.

Kirit P. Mehta School of Law Publications