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?
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
A slightly abridged version of this first published at Bar and Bench – https://www.barandbench.com/columns/return-of-the-debtors-paradise-a-case-against-decriminalisation-of-section-138-of-the-ni-act Creditor, n. From the Latin for “believer”; someone who lent money to a borrower and believes the loan will be repaid in full. That belief turns out to be true – most of the time (Devil’s Financial Dictionary – Jason Zweig) Let’s face it: […]Read More Return of the Debtor’s Paradise? A case against Decriminalisation of Section 138 of the NI Act
Why an A to Z list of law/legal concepts/judgments etc.? As somebody wise said: A rear-view mirror is the best kind of crystal ball. Sometimes ‘looking back’ is ‘looking ahead’. Our choices and the effects we produce have their causes in the past; and, before this post degenerates into philosophical humdrum about interpretation of history […]Read More An A to Z guide to the new, time-less and important in law
“If I want to deprive you of your watch, I shall certainly have to fight for it; if I want to buy your watch, I shall have to pay for it; and if I want a gift, I shall have to plead for it; and, according to the means I employ, the watch is stolen […]Read More Rethinking ‘Fruits of the Poisonous Tree Doctrine’: Admissibility of Illegally Obtained Evidence
An interesting guest post by the very talented Shreyash Sharma (4th Year, National Law University Odisha) & Gultash Guron (Final Year, Campus Law Centre Delhi) where they examine a rather vexed question relating to the scope of the protection against self incrimination in the context of phone passcodes (face scans, finger prints) and the fundamental right to privacy.Read More The Passcode on your phone, the right to privacy and protection against self incrimination
are lawyers and judges facing an unprecedented existential crisis; in other words: What really is the future of the legal profession?Read More Why does India need super lawyers? Tech, AI, Data and the changing face of litigation
A brief overview of the law of bail, considerations for grant of bail, conditions that may be imposed while granting bail; guidelines governing exercise of discretion by the court; practice, and procedure; cases in which bail can be sought as a matter of right; and some of the more nuanced issues relating to the law […]Read More Law 101 : A Ready Reckoner on the Law of Bail
In the last few months we have seen a major crackdown on Benami properties and their owners by the Government. Specialised Anti-Benami units have been set up by the Income Tax department across the country and in almost every state and thousands of properties already stand attached under the Prohibition of Benami Property Transactions Act, […]Read More All you wanted to know about Benami Property Law in India