The Devil’s Dictionary (of Law)

First published at : https://www.barandbench.com/columns/the-devils-dictionary-of-law The times are dreary and before you stop reading, my dear reader, let me assure you, this is not another article on ‘Law of Force Majeure’. Trust me, I’d never do this to you and I’d never lie to you! We are friends. Also, this is not an introduction or […]

Law 101 # A Primer On Electronic Evidence

Before making an attempt to understand how electronic evidence is treated in a court of law, it is essential to understand what is meant by the terms “electronic evidence” and “electronic record”. Once we establish that, we will see whether electronic records can be classified as “documents”? It is only after we have established these […]

In conversation with Kaustubh (Law, Logic and Life Podcast) on Judiciary, Litigation, Practice of White Collar Crime and being a tech-law enthusiast

Bharat on life of a young judge, coming back to litigation, white collar crime and tech-law.

Demystifying law of liquidated damages.

Law of Liquidated Damages and Penalty (S.74) When the contract mentions a ‘specific amount’ to be paid as compensation in case of breach : Whether that amount is ‘conclusive’ and bars any enquiry by the court into actual loss/damages suffered; Whether the claiming party is obviated from proving the ‘actual loss’; Whether the claiming party […]

Law relating to validity of foreign divorce decrees, child-custody orders and principles relating to grant of anti-suit injunctions.

Introduction “H (an NRI) is divorced in Texas, and to marry – he is free; No, he has a wife in India, Indian Law says, doesn’t he ?, H is, therefore married and not so, all at the same time; perfectly legal at one place; in the second, his act – a crime.” This limerick […]

Issues relating to Electronic Evidence – Admissibility, Section 65B certificate and other frequently asked questions.

Issues relating to Electronic Evidence What is an Electronic Record ? Types of Electronic Records. Is an Electronic Record a ‘document’ ? Is a ’Hard Drive’ a document ? Admissibility of Hard Disk Proof of Electronic Record. Section 65B of the Evidence Act Effect of use of Non Obstante Clause in S.65B(1); Conditions : Section […]

What are Summons, Warrants and Proclamation ?

Summons, Warrants and Proclamation are the measures by which court seeks to ensure appearance of parties/accused/witnesses before itself, ranging from commutative to compulsive. A Summon is an order to appear before the court usually in criminal matters through a police officer. If summons are not complied with or in extremely serious matters in the first […]

FIR – First Information Report.

What is an FIR – short for First Information Report is the information first in point of time as to the commission of an offence. This sets the entire criminal law machinery into motion. If a complaint discloses commission of an cognizable offence (usually the more common and serious of offences eg : theft/murder/rape/cheating/498A etc) […]

Harsher Law for juvenile ? Do we need to revise 18 as age of juvenility ?

What is the age of discretion for the purposes of fixing criminal liability ? At what age is a person presumed to understand the moral quality or nature of his act and fathom it’s ramifications, for himself and others ? Should we follow a case by case approach, examining a child’s mental growth or a […]

Supreme Court on impounding of passports..

In a nutshell this judgment the Hon’ble Supreme Court holds that since impounding of passports are governed by a special legislation namely the passports act, normal crpc provisions concerning impounding shall not be attracted, the courts or the police can at best seize a passport, but for impounding (which is far more enduring and continous […]