Various Developments vis-a-vis Constitution (Ninety-ninth Amendment) Act, 2014 (NJAC)

Historical Background vis-a-vis Appointment of Judges (i) Samsher Singh v. State of Punjab, (1974) 2 SCC 831 – five-Judge Bench, (ii) Union of India v. Sankalchand Himatlal Sheth (1977) 4 SCC 193 –  five-Judge Bench, (iii) S.P. Gupta v. Union… Continue Reading

Liability vis-a-vis Various Industrial/Mass Disasters

In an earlier post here, we discussed the legislative framework for nuclear damage in India. This post shall further enlist the provisions in case of gas disasters, fire explosions etc.  The Supreme Court and the High Court are entitled to… Continue Reading

Salient Features of Foreign Exchange Management Act,1999 (Part-3)

This post is in continuation of our previous posts here and here. C. Penalties Chapter 4- Sections 13 and 15  of the Act deal with penalties and enforcement of the orders of Adjudicating Authority as well power to compound contraventions… Continue Reading

Doctrine of Separation of Powers – Explained by the Supreme Court

The origin of the principle of separation of powers can be traced back to Aristotle who opined that government should be composed of three organs, namely the deliberative (legislative), the magisterial (executive) and the judicial. Locke and Montesquieu elaborated on… Continue Reading

Salient Features of Foreign Exchange Management Act,1999 (Part -2)

This post is in continuation of our previous post here. Salient Features of FEMA B. Duties and Liabilities of the authorized persons An authorized person may deal in foreign exchange or in foreign securities, as an authorized dealer, money changer… Continue Reading

Salient Features of The Foreign Exchange Management Act, 1999 (Part-1)

Introduction The legislative framework primarily relating to the management of the foreign exchange in India comprises of – (a) The Foreign Exchange Management Act, 1999 (FEMA) ; (b) Allied Rules made by Ministry (under section 46 of FEMA); (c) Regulations… Continue Reading

Highlights of Recent Judgments by Constitutional Bench of the Apex Court (2016-18)

This post shall highlight in brief the judgments between 2016-2018, decided by the Constitutional Bench of the Hon’ble Apex Court –  2016 Pankajakshi (Dead) through LRs  v. Chandrika & others decided on February 25 , 2016 an appeal was preferred… Continue Reading

Legislative Framework in case of Nuclear Damage in India

The year 2010 is important in the legal history of the country as Civil Liability for Nuclear Damage Act, 2010 was enacted. The Act provides for the liability of both the operator of the nuclear plant and the government in case… Continue Reading

Constitutional Validity of Section 302 of the Indian Penal Code read with Section 354, (3) of the CrPC

There are three justifications traditionally advanced in support of punishment in general, namely reformation; denunciation by the community or retribution and deterrence. These are the three ends of punishment, its three penological goals, with reference to which any punishment prescribed… Continue Reading