A rising tide lifts all boats. It is only when the tide goes out that you learn who has been swimming naked. A financial crisis is often followed by a rise in financial crimes. A crisis, such as the one we now face, not only presents an opportunity (and greater motivation) for all sorts of […]Read More Taking White Collar Crime Seriously
In the second part, we take a closer look at the IBC’s most fundamental features (terms starting with alphabets I-P).Read More A To Z of the Insolvency and Bankruptcy Code | A Beginner’s Guide (Part II)
Through this column, which is the first in a three-part series, we will try to give a brief overview of the primary features and actors in the IBC game and a sneak peek into the new and latest in IBC and the challenges that lie ahead. Since we all love lists, we walk you through these concepts alphabetically. But before we dive deep, here are a few words in the nature of a general preface to this path-breaking piece of legislation called the IBC.Read More A to Z of IBC | A beginner’s guide to the Insolvency and Bankruptcy Code (Part I)
A lot of you have written to me – the past few weeks, seeking guidance on answer writing. The importance of writing better and more clearly cannot be emphasised enough. This is the area where one can get a cutting edge; this is important given the fact that most of us have access to broadly […]Read More Some Thoughts on Answer Writing and a Model Answer (DJS)…
This is the first in a series of posts titled ‘Judgments without tears’ where we try to make complex judgments accessible and fun. Let me try unpacking Vineeta Sharma v. Rakesh Sharma delivered on 11.08.2020. A 122 page judgment and certainly not the easiest to read. But this is an important judgment and a progressive […]Read More Judgments without Tears | Part 1 | ‘Vineeta Sharma v. Rakesh Sharma’ | Supreme Court on Daughter’s Coparcenary Rights.
Nothing affects our lives and our liberty more directly than criminal law, and yet, nothing has been treated with greater disdain as far as law reform is concerned. We’ve talked about it a lot indeed. It has just not been important enough to implement, for some reason. We’ve forgotten that what separates a ‘Criminal System’ from […]Read More A Charter For Reform in Procedural Criminal Laws | Ensuring ‘Justice’ in the Criminal Justice System
This is a guest post by the very talented young judge – Pratik Sagar, (Civil Judge, 30th batch, Bihar). This is how it goes: Hello, hope you are doing fine! If you are reading this article, it means either you are preparing for coveted judicial service examination or maybe you are still in the decision making […]Read More Tips for Judicial Service examination preparation; A Guest Post by Mr. Pratik Sagar (Civil Judge, 30th Batch, Bihar)
This column is based on talk delivered by Bharat at the National Police Academy to a batch of 132 IPS officers/probationers, currently on training, with the very able assistance of Abhijay Srekanth (4th year, Jindal Global Law School.) ** Multiple FIRs, Chargesheets, Joinder of Charges and Accused and Splitting of Trials is an area of […]Read More Issues relating to Multiple FIRs/Chargesheets, Joinder of Charges/Accused and Splitting of Trials
Based on a presentation delivered to the Prosecutors and Judges of the State of J&K in July, 2020. References:  Rule 3.8, American Bar Association Model Rules of Professional Conduct  P. Chidambaram v. Directorate of Enforcement, 2019 SCC ONLINE SC 1549  The Criminal Law (Amendment Act), 2018  Miss G (Minor) vs. State of NCT of Delhi and […]Read More The Role of a Public Prosecutor in the Indian Criminal Justice System
This is a guest post by Shantanu Pachauri[I]. First published on The Criminal Law Blog on 7 June, 2020 at thttps://criminallawstudiesnluj.wordpress.com/2020/06/07/anticipatory-bail-and-children-in-conflict-with-law/ A constitutional bench of the Supreme Court in Gurubakash Singh Sibbia v. State of Panjab (1980) while distinguishing normal bail from anticipatory bail held that whereas the former is granted after arrest releasing a person […]Read More Anticipatory Bail and Children in Conflict with Law
First published on LiveLaw at : https://www.livelaw.in/phone-tapping-and-recording-of-a-phone-conversation-by-a-private-party-issues-relating-to-legality-and-admissibility/ “Who are you? Why do you hide in the darkness and listen to my private thoughts?” William Shakespeare, Romeo and Juliet Is Privacy history? The sheer number of court trials where a telephone recording is sought to be used by either party as evidence, suggest that private thoughts […]Read More Phone-tapping and Recording of a Phone conversation: Is it legal and admissible?
First appeared at https://www.mondaq.com/india/court-procedure/680992/the-shifting-judicial-sands-on-accused39s-right-to-rely-on-exculpatory-material-at-the-stage-of-discharge A preliminary hearing in a criminal trial is one of great importance, and the right to seek a discharge (threshold dismissal) is an extremely valuable right that the Criminal Justice System guarantees to the Accused. This gives an opportunity to the Court to sift out meritless cases at the very threshold, […]Read More Can the accused rely on material beyond the chargesheet – at the stage of discharge?
This is a guest post by the very talented lawyer Ambanshu Sahni. This is how it goes: The Jasmine Revolution in 2010-2011 in the Middle East showed us the power of social media. Social media appeared as a tool for righting many wrongs. It was this great unifier before which everyone was equal. It provided a voice […]Read More How the Social Media failed us and How we failed it – in turn. (Guest Post)