This post has been created by Monesh Kumar, a third year law student from Guru Gobind Singh Indraprastha University, New Delhi. Introduction: Judges are often encouraged to limit the exercise of their own powers. “A lot of people who are not elected representatives feel that they can impose their will on the government through the courts.” – Harish Salve, Senior Advocate, said during a webinar on ‘Insulting the Judiciary from Social Media Diatribes’. It is legally, juristically and constitutionally well known that through the judiciary only the citizens can be helped to save their fundamental rights including the right to…
Author: Monesh Kumar
This post has been created by Monesh Kumar, a third year law student from Guru Gobind Singh Indraprastha University, New Delhi. Introduction Technology has already taken over many activities in every economy of the world over some past decades. The contribution of the same cannot be overlooked or be taken for granted. Concerning the same, the bill on “National policy on software products” came into being in the parliament. The Ministry of Electronics and Information Technology (MEITY) released its National Policy on Software Products (policy) on 1 March 2019, with the aim to develop India as a global software product…
This post has been written by Monesh Kumar, a third year law student from Guru Gobind Singh Indraprastha University, New Delhi. Case name Capetown Trading Company Private Limited vs Securities and Exchange Board of India Case number Appeal no. 102 of 2018 Tribunal Securities Appellate Tribunal Judges Justice Tarun Agarwala, Presiding Officer Dr. C.K.G. Nair, Member Justice M.T. Joshi, Judicial Member Decided on June 28, 2019 Relevant Act/Sections Section 15H(ii) of the SEBI Act, 1992, Regulation 12 and 14 of the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 BACKGROUND: The appeal was filed challenging the order of the…
This post has been created by Monesh Kumar, a third year law student from Guru Gobind Singh Indraprastha University, New Delhi. “Eliminating business taxes makes us best at manufacturing- Jim Demint” Introduction Anti-dumping laws are gimmicks used for fortifying domestic industries from overflow of cheap foreign imports. Although the WTO attempts to banish all trade barriers, it recognizes that nations require flexibility to modify to economic shocks as multilateral agreements increasingly liberalize trade. Thus, these measures allow nations to temporarily protect their economies against alterations in trading patterns. Although anti-dumping measures share an often edgy relationship with the WTO’s core…
This post has been created by Monesh Kumar, a third year law student from Guru Gobind Singh Indraprastha University, New Delhi. “Art is not advocacy and advocacy is not art”-Erica Jong Introduction The foible in today’s law graduate is not in a deficient knowledge of law but that he has little training in dealing with facts or people “the material of which cases are really made”. There is hardly a graduate who knows how to ask questions — simple, single questions, one at a time, in order to develop facts in evidence either in interviewing a witness or examining him…
This post has been created by Monesh Kumar, a third year law student from Guru Gobind Singh Indraprastha University, New Delhi. “Three things cannot be long hidden: the sun, the moon and the truth.” Introduction “Judicial Review” is defined as the imposition of judicial restraint on the legislative and executive organs of the Government. It is the “watching or inter checking by the judiciary of the exercise of powers by other co-ordinate organs of government to keep the check upon the balance of powers and ensuring that they remain confined to the limits defined by…
This post has been created by Monesh Kumar, a third year law student from Guru Gobind Singh Indraprastha University, New Delhi. “Life blossoms when it is in a state of harmony and balance. – Angie Karan Krezos” Introduction Law may be understood as a gizmo to keep the society in tranquility and mess free and to prevent conflicts between people by regulating their behavior. The laws enacted to regulate the society are drafted by legal experts and it can very well be foreseen that many of the laws enacted will not be specific and will contain ambiguous words and expressions.…
This post has been created by Monesh Kumar, a third year law student from Guru Gobind Singh Indraprastha University, New Delhi. “Example moves the world more than doctrine. – Henry Miller” Introduction It is important to know the true nature of everything before judging it or accepting it. Pith means “true nature” or “essence” and substance means the essential nature that is cardinal in a situation. The rudimentary objective of this doctrine is to determine that, to which list (under the Seventh Schedule) a given morsel of legislation, statute, law, subject or enactment belongs. Nature of the doctrine The simple…
This post has been created by Monesh Kumar, a third year law student from Guru Gobind Singh Indraprastha University. “Legislation is the art of compromise.-Harry Reid.” INTRODUCTION Doctrine of Colorable Legislation is a gizmo used by the Supreme Court to interpret various Constitutional Provisions. The Doctrine of colorable legislation means “if the constitution of a state distributes the legislative powers in a specific legislative entries or if there are limitations on the legislative authority in the form or context of fundamental rights, questions may arise as to whether the legislature in a particular case has, in respect to the subject…
This post has been created by Monesh Kumar, a third year law student, from Guru Gobind Singh Indraprastha University. “When there is state, there can be no freedom but when there is freedom, there can be no state – Vladimir Lenin.” INTRODUCTION The concept of State as discussed by many political thinkers and is defined in versatile ways by various philosophers. This article discusses about the scope of the definition of the State under article 12 of the Constitution of India and its relation with the article 36 of the constitution of India. The scope of article 12 has been…
