Oath Taking Ceremony: A Mockery of the Constitution

By Rabia Mohamed Ismail Abdul Rahim, NUALS Kochi.

On the 18th day of May, 2018, B. S. Yeddyurappa was sworn in as the Chief Minister of Karnataka. What happened after is no secret. Having sworn in, Yeddyurappa was the Chief Minister on the day of the floor test. He was also the Chief Minister when he walked out while the National Anthem was being played.

Yes, undoubtedly, the provisions of the Prevention of Insults to National Honour Act, 1971 will apply to this situation. But I would like to analyse this situation in light of a different fact. (more…)

Bails and Anticipatory Bails: Part I

By Adv. Shriya Maini and Ms Chethana Venkatraghavan

This write-up is for those students who have realized that they have a law exam tomorrow and are looking for a source which discusses the practical and theoretical aspects of law in a deliberately simple form. This is also for those lawyers who are struggling to fill the gaps between the books of procedure and the law in practice. We write about what we have learnt through our trials and errors. Unlike other websites, we hope to engage you at multiple levels – the theoretical aspect of the law which we learn as students and the practical approach of law which only an Attorney at Law can provide.  (more…)

Foreign Direct Investment: The Conundrum Explained

By Bhumesh Verma, Managing Partner, Corp Comm Legal.

Foreign Direct Investment or FDI, as it is called in common parlance, has become the fuel which is essential to sustain and develop any country’s economy. Developing countries such as India, require significant and consistent infusion of foreign investments in their economy in order to maintain a high GDP rate. The demands of the ever-growing consumerist culture are also satiated by the influx of FDI. Sectors such as infrastructure, retail, aviation, pharmaceuticals, etc. require continuous cash flow for their sustenance. A liberal FDI regime allows companies existing within such sectors to look for financial assistance outside the country. This ensures that the country’s economic development does not suffer due to lack of financial resources within the country. The authors explain the essentials of the FDI regime in India through this article. (more…)

My Preparation for the Battle of IPU Common Entrance Test

By Samridhi Talwar, University School of Law and Legal Studies, New Delhi.

The University School of Law and Legal Studies is a part of the Guru Gobind Singh Indraprastha University. Nestled in Dwarka, this college is well known amongst students wishing to pursue the profession of law. I didn’t even have a vague idea about the existence of this college till the time someone told me about it. This college was one of the options, where I could spend the next five years of my life. (more…)

Of Privileged Indians: Note from One to the Others

By Adv. Tanya Chandra, Co-Founder, LexQuest.

Sometimes, it dawns upon us that being born into privilege of any kind, in an underdeveloped country, changes the course of our priorities, and it is indeed a safety net, hence an escape route from a life of deprivation, oppression, indignity and neglect that millions of the same country are otherwise subjected to. This is when, on a daily basis, us, the depositories of  country’s fate, full of life and potential, encounter them, who, for the reason of being born without any safety nets, can never afford the opportunities, tastes, lives and priorities that we feel entitled to. This is where the conflict magnifies and it’s folly to believe that all human beings can change the course of their lives, as and when they choose to. For, choice itself is still largely a matter of privilege in our part of the world. (more…)

Fast and Accurate Reading: The Only Skill you Need for Comprehension Exercises

By Teesta Lahiri, National Law University, Odisha.

In CLAT, AILET and other law entrance examinations, the section on English has a varying weightage of 20-25% (40 out of 200 questions in CLAT, 35 out of 150 questions in AILET) which though numerically not much, often becomes the key scoring point in the paper and  creates the quintessential difference between cracking and not cracking the paper. Of course I do not mean that English is the make-it-or-break-it point in CLAT, rather being relatively easier compared to the other sections, it generally is an area where aspirants score well. But, to have an edge over the others, it is necessary that out of the allotted 120 minutes (or 90 if you are appearing for AILET) not more than 7-12 minutes be spent on English especially with complex sections like  Legal Aptitude and Logical Reasoning breathing fire down your neck, and also within those 7-12 minutes, you need to aim for a flawless section. (more…)

Exceptions to Principles of Natural Justice: Part IV

By Adv. Shriya Maini.

First Part of this Series, can be accessed here.

Second Part of this Series, can be accessed here.

Third Part of this Series, can be accessed here.

  • Where no right of the person is infringed

Where no right has been conferred on a person by any statute nor any such right arises from Common Law, the Principles of Natural Justice are not applicable. This can be illustrated by the decision of the Supreme Court in J.R. Vohra v. Indian Export House (P) Ltd., wherein the Delhi Rent Control Act made provisions for the creation of limited tenancies. More specifically, Sections 21 and 37 of the Act provided for the termination of limited tenancies. The combined effect of these Sections was that after the expiry of the term a limited tenancy could be terminated and warrants of possession could be issued by the authority to the landlord without giving any notice of hearing to the tenant. Upholding the validity of warrants of possession without complying with the Principles of Natural Justice, the Supreme Court held that after the expiry of the period of any limited tenancy, a person had no right to stay in possession and hence, no right of his was prejudicially affected which could warrant the application of the Principles of Natural Justice. (more…)