Articles
What Is an Enabling Statute?
Author Kiruti Ratchaya explains the basics of enabling statute and what makes it different from other forms of legislation.
Articles
Judicial Activism v. Judicial Restraint
Author S. Kiruti Ratchaya compares and contrasts the two prominent school of judicial thought - activism and restraint.
Articles
Arbitration Clause in Contract: Is It an Exception to Section 28?
INTRODUCTION Section 28 of the Indian Contract Act, 1872 talks about the agreements in restraint of legal proceedings. This section holds an important role in the formation of contracts as this provide powers for the parties to enforce their rights...
Articles
Constitutional Status of Women in India
INTRODUCTION The constitution of India was adopted on 26th November 1949 and it came into force on 26th January 1950. The constitution of India was written in a period when the status of women in India was very impoverished and...
Articles
Is Article 44 a Myth? Origin of Uniform Civil Code or UCC Explained
India is a secular state with the Constitution of India giving its people the freedom of right to religion under Article 25 and Article 26. But on the other hand, there is the controversy of implementing the Uniform Civil Code (UCC) under Article 44 of part IV (Directive principles of the state policy) under the Indian Constitution.
Articles
Capitalization of Indigenous Knowledge in This Global Epoch: Encroaching the Right of the Indigenous Population
As globalization blurs the distance between the remotest corners of the earth, indigenous knowledge with mainstream applications can become a subject of dispute between the corporate entities who wish to capitalize and the natives for whom this knowledge and...
Articles
Shreya Singhal vs Union of India: Right to Freedom of Speech on Social Media
Case Name “Shreya Singhal vs Union Of India” Case No. WRIT PETITION (CRIMINAL) NO.167 OF 2012 Court Supreme Court of India Bench Justice.Chelameswar, Justice. Rohinton Fali Nariman Pronounced On 24 March, 2015 Relevant Statute Article 19(1)a & 19(2) of The Constitution Of India, Section 66A & 69A of Information...
Articles
Cairn Arbitration Award Why are assets of India’s Public Sector Enterprises being targeted?
Introduction The Permanent Court of Arbitration (PCA) on 21.12.2020 passed an award of US$ 1.4 billion in favour of Cairn by holding that India had failed to accord Cairn fair and equitable treatment under the UK – India Bilateral Investment...
Articles
Will Social Media Platforms Be Banned?
The internet has gone for a toss amidst the news of the failure of compliance by giant social media platforms with the new intermediary rules of India and as such, speculation of consequences ranging from banning to criminal liability...
Articles
Rise of Online Sexual Exploitation and Child Pornography
A world without the internet cannot be visualized now from instantly looking up for information, to meeting our entertainment needs, to being a one-stop-shop for millions of things, we have tons to thank for when it comes to the...
Latest News
Kerala HC: First Examine Whether the Course Adopted by the Corporation Is Correct and Then Implement Remedial Measures so Prescribed
The petitioner had prayed in the writ petition for a direction to the Corporation and its officials to ensure that the restoration work of the road was continued and completed only after having removed the existing bituminous road surface and to ensure that the level of the existing road was not increased by the restoration work.
High Court
Kerala HC: FIR in Case of Corruption Needs To Be Registered Only After Preliminary Enquiry
On the 8th day of June 2021, the Honorable High Court of Kerala heard and decided a Civil Writ Petition matter filed seeking Writ of Mandamus against the police authorities to register the First Information Report and conduct the investigation.
High Court
Kerala HC: Court Cannot Verify Genuineness of Allegations u/s 482 of CrPC
On the 8th Day of June 2021, the Honourable Kerala High Court heard and decided a Criminal Miscellaneous Petition (Cr. M.C) under section 482 of the Criminal Procedure Code, 1973 (Cr. P.C).
High Court
Kerala HC: Environmental Clearance Is Required for Expansion of Pre-Existing Projects
The petition was filed challenging the validity of Environmental Impact Assessment, 2006 rules on the buildings whose construction was started before the issue of rules.
High Court
Kerala HC: Panchayat’s Permission to Set Up Industrial Units Exempted if Power Is Less Than 5
On the 11th day of June 2021, the Honourable High Court of Kerala disposed of a Civil Writ Petition in which the Petitioner had sought a prohibitory order of performing unauthorized furniture manufacturing adjacent to the residential area.
