One thing that makes a person truly unique is his or her genetic setup; a “gene,” is fundamental unit of heredity, and the basic unit of all… Read more “Insurer cannot discriminate against persons with genetic disorder says the Delhi High Court”
Category: Constitution of India
Whether the accused can rely on material beyond the chargesheet to seek a discharge?
The answer to the above question has always been ‘No’. The settled law in this regard is that the court cannot look at defence material at the… Read more “Whether the accused can rely on material beyond the chargesheet to seek a discharge?”
Draconian bail provision under Prevention of Money Laundering Act (“PMLA”) struck down by the Supreme Court as arbitrary, unjust, violative of constitutional guarantee of ‘equality’ and ‘due process’ and, therefore, UNCONSTITUTIONAL….
The decision under discussion is the latest ruling of the Hon’ble Supreme Court in Nikesh Tarachand Shah v. State (2017 SC) (accessible at : http://sci.gov.in/supremecourt/2017/13393/13393_2017_Judgement_23-Nov-2017.pdf). To start at… Read more “Draconian bail provision under Prevention of Money Laundering Act (“PMLA”) struck down by the Supreme Court as arbitrary, unjust, violative of constitutional guarantee of ‘equality’ and ‘due process’ and, therefore, UNCONSTITUTIONAL….”
Making the case for a Continuous House: The Need to amend Article 85
The debate about separation of powers and judicial activism under Indian Constitution is raging presently, and one of the major reasons for regular judicial intervention (mostly for… Read more “Making the case for a Continuous House: The Need to amend Article 85”
Refugee law (With International and Indian Perspective)
India has a long tradition of upholding basic human rights of individuals. Indian Constitution is one of the most egalitarian document ever drafted, it not only affords… Read more “Refugee law (With International and Indian Perspective)”
The triple talaq judgment : some preliminary thoughts
India Divorces Triple Talaq One of the most inclusive benches in recent times delivered its judgment in Re: Muslim Women’s Quest For Equality versus Jamiat Ulma–I–Hind (“Triple… Read more “The triple talaq judgment : some preliminary thoughts”
Self incrimination and Voice Samples. Can an accused be directed to give voice samples for evidentiary purposes…read on
The two short questions that this post purports to answer is : Whether directing an accused to give voice samples (voice spectography test) amounts to compelling him to be… Read more “Self incrimination and Voice Samples. Can an accused be directed to give voice samples for evidentiary purposes…read on”
Artistic Freedom Versus Law of Obscenity.
In a huge boost to ‘Freedom of Speech and Expression and Artistic Liberty’, the Hon’ble High Court of Madras in Perumal Murugan v. Government of Tamil Nadu, 2016… Read more ” Artistic Freedom Versus Law of Obscenity.”