The Conundrum of Electronic Evidence
The admissibility of electronic records is covered in Section 65B[1] of the Indian Evidence Act, 1872. This section has created a lot of uncertainty regarding admissibility of an electronic record. A lot of confusion has also been added through the judgments that were delivered to clarify or explain this section.
Death Row Prisoners and their Victims: Two Sides of the Same Coin
“It sounds like a story from a different world where humanity has been treated with irreverence. When we cautiously, consciously, and anxiously weigh the aggravating circumstances and the mitigating factors, we are compelled to arrive at the singular conclusion that...
Letting the Rats Loose: Bentham’s Perspective
This article deals with the topic of captivity of non-endangered animals in the form of zoological parks. This topic will be discussed in reference to Jeremy Bentham’s philosophies and is limited to the present legislations in India although the theory might share...
THE CURIOUS CASE OF THE NEBULOUS CLAUSE IN MERGER & ACQUISITION DEALS
Background: The World Health Organization on January 30’2020 declared novel coronavirus as a public health emergency of International concern.[1]In a merger and acquisition deal particularly, the presence or inclusion of a materially adverse change (herein referred to...
Invasion of Privacy Disguised as Rights?
National Investigation Agency and the Central Bureau of Investigation have to set up CCTV Cameras which would record audio and video footage of interrogations during investigations
CAA: Between Scylla and Charybdis
It might appear that Citizenship Amendment Act, 2019 has been put on the backburner. But the issues it puts forwards; the type of polity it exposes India to be – are relevant. Article 14 – The vintage beckons The “core and intrinsic trait” test – which states that...
Withdrawal Of Prosecution: A Façade Behind Arbitrary Use Of Power
Public Prosecutor is not a part of any investigating agency. Under Section 321a Public Prosecutor or Assistant Public Prosecutor is empowered to withdraw prosecution from a person either generally or for any one of the offences for which he is tried. The proviso of this Section mandates the Public Prosecutor to obtain the consent of the Central Government in matters which relate to the executive power of the Union or was investigated by the Special Police Establishment or involves misappropriation, destruction or damage to Central Government property or is committed by a Central Government Servant before moving to the court for withdrawal of the prosecution.
REVISITING THE APPOINTMENT OF EMPLOYEE ARBITRATOR IN GOVERNMENT CONTRACTS
Despite legislative safeguards, as a result of judicial pronouncement and misinterpretations, a possibly biased process of arbitration is allowed when government contracts are in question. This article intends to accentuate the redundancy in the court’s approach of creating an exception that deems a government employee as an unbiased arbitrator.
