Senior Advocate Arvind Datar says “Basic Structure was never accepted by the Government”
Senior advocate Arvind P. Datar delivered the 19th justice PD Desai Memorial lecture on the subject “Fifty years of Basic Structure Doctrine: Judicial Overreach or Constitutional Necessity” on 04th February 2023 where he defended the doctrine of basic structure. This speech can be
The Important Question of Marital Rape: Analysing the Intersection of Legisprudence & Jurisprudence
The Question of Marital Rape is a very important question that needs to be addressed. But how this problem shall be addressed? How shall the question of Rape be addressed in the context of Marriage? How shall Marriage be defined in the context
Supreme Court strikes down Assam Rural Health Regulators Act, 2004 upholds Gauhati HC decision
Issues: The key issue was whether the Assam Rural Health Regulators Act 2004 was unconstitutional and violated the Indian Medical Council Act 1956. Facts of the case: In 2004, the Assam government enacted the Rural Health Regulatory Authority Act in view of the
Delhi High Court prohibits recording of live streaming of court proceedings
Written by – Srijan Delhi High court recently notified that there should be no recording done of live streaming of court proceedings or any other court under its supervision. If any person does so, he will be punished under The Copyright Act, IT
‘Premature For High Court To Opine On Tax Evasion’: Supreme Court Sets Aside HC Order Which Quashed Notice Under Section 130 CGST Act
A bench of Justices MR Shah and CT Ravi Kumar of the Supreme Court in a judgment held that it was premature for the High Court to opine anything on whether there was any evasion of the tax or not. The same was
NCLAT Chairperson Stresses Need to Train IRPs and Calls for IBC Amendment to Ensure Due Share For Operational Creditors
Writtem By – Rohan Palhal Former SC Judge and current NCLAT Chairperson, Justice Ashok Bhushan who was invited as the chief guest at the book launch of the second edition of Eastern Book Company’s ‘Insolvency and Bankruptcy Code’ by A.K. Mittal., said that
Access to Justice: SC judgements now available in regional languages
Hon’ble Chief Justice of India, D. Y Chandrachud, made a major announcement that the supreme court will be providing judgments in the regional languages. The announcement came just before the nation is embarking on celebrating its 74th Republic Day on 26th January 2023.
Nani Palkhiwala : The Torchbearer of the Basic Structure
On Saturday, CJI D.Y Chandrachud remarked that the basic structure doctrine is like the north star as It navigates the interpreters of the law. Hon’ble CJI remarked that the basic structure of the constitution is premised on the supremacy of the constitution, the
Unstamped and Unregistered arbitral clauses, enforceable in the eyes of law: Amicus Curiae
Written By – Shianjany Pradhan A 3-judge reference was made as to whether the unstamped and unregistered arbitration clause in a contract will be valid and enforceable. For the same, amicus curiae, Mr, Gourab Banerji was appointed, by a five-judge bench. The hearing
SC emphasizes balancing of interests, between Right to life and protecting the society
Written By – Shianjany Pradhan On Thursday, while hearing the bail plea for Ashish Mishra the son of the current union minister of State, in the case of Ashish Mishra @monu v. State of Uttar Pradesh, (also known as the Lakhimpur case) the
