Examining the Contentious Dissent – Hon’ble Justice Indu Malhotra’s Opinion in the Sabarimala Case

The RMLNLU Law Review Blog

By: Chandni Ghatak


INTRODUCTION

When the judgment concerning the Sabarimala issue was rendered by the Hon’ble Supreme Court of India, amidst the entire furore over the majority holding, there seemed to linger an ‘Et tu Brute’ sentiment amongst activists, targeted directly towards the dissenting opinion authored by Justice Indu Malhotra. Unfortunately, social media has since then, witnessed a large-scale disappointment being showered upon this dissenting opinion, simply because it emerged from a woman, who as assumption would have it, was compulsorily required to have sided with the female devotees affected by the now erstwhile ban on their entry to the Sabarimala temple. However, before embarking onto discussing the nuances of the dissenting opinion, it is of utmost importance to point out that justice does not emanate from an individual but from an institution. Therefore, expressing unfounded disappointment such as what has been observed, is an undesirable practice and must be…

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SCORING POINTS, AT THE COST OF FAIR DISCLOSURE?

The NUJS Society For Advancement of Criminal Justice

INTRODUCTION
Madhya Pradesh (MP) government has come up with a stick and carrot policy for the prosecutors in the state. Government has launched an e-Prosecution App to monitor its Prosecuting Officers (hereinafter POs) and on the basis of such monitoring, they are being awarded 1,000 points for a death sentence, 500 for a life imprisonment and 100 to 200 for the maximum punishment in a lower court. POs who manage to garner above 2000 points are rewarded with tags like ‘best prosecutor of the month’ and ‘pride of the prosecution’. On the other hand, a stern warning is being issued to the prosecutors scoring below 300 points. POs of as many as 15 districts have been issued a stringent warning by Directorate of Prosecution for scoring low on the ‘Prosecutor Performance Evaluation System’(PPES) for the month of May- June. Along with such accolades and caveats to the POs, the website…

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Counsel’s Mistake as “Sufficient Cause” under Section 5 of the Limitation Act –A Critical Analysis

The RMLNLU Law Review Blog

By: Vishal Hablani


INTRODUCTION

Section 5 of the Limitation Act, 1963 deals with the discretionary power of the Court to admit an appeal or an application, after the expiration of the limitation period with the restriction that it can be exercised by the court only if there exists a “sufficient cause” for the delay in filing such an appeal or application. The ambit of power that can be exercised by the court w.r.t. exercise of discretion cannot be restricted. This is because the application depends on the basis of facts each case has to offer.

The article deals with the analysis of difference of judicial opinion w.r.t. admission of counsel’s mistake as a sufficient cause under Section 5 of the Act.

MISTAKE OF LAW DOES NOT AMOUNT TO SUFFICIENT CAUSE: MARIAMBAI v. HANIFABAI

In Mariambai and Anr. v. Hanifabai and Anr., (hereinafter ‘Mariambai case’) the issue before the court…

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Reducing Farmer Suicides in India through Stricter Media Regulations

The RMLNLU Law Review Blog

By: Raj Shekhar


More farmers in India are committing suicide than ever before because of their failure to repay debts — at least, this is what the majority of our Indian [emphasis supplied] news media report with headlines often pinpointing an increase in the number of such appalling instances. However, recent data brought out by the National Crime Records Bureau (NCRB) shows a gradual decline in farmer suicides, even attributing this national tragedy to the ill mental health of farmers as opposed to bankruptcy.

Even if NCRB’s logistical incompetency in accurately collating suicide data is deemed to account for the estimation of this declining figure, there is no denying that India does not have a National Suicide Prevention Strategy, despite the strong recommendation of the World Health Organization (WHO). Contrarily, even as reporting on farmer suicides per se by the print, broadcast or electronic news media is the…

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Emerging Contours in Post Contractual Duty: A Review of Insurance Case Laws

The RMLNLU Law Review Blog

By: Anjanay Pandey


INTRODUCTION

In Insurance contracts, an essential element is Utmost Good Faith.[1] The phrase is borrowed and derived from the Latin expression Uberrimae fidei (or urberrima fides). The principle imposes a duty of full disclosure and any material misrepresentation, whether or not intentional, serves to void the policy ab initio.[2]

The insurance contracts being contracts of good faith, require the disclosure of facts, which are known to the parties to the contract themselves.[3] In essence, the aspect of Utmost Good Faith is so relevant that in want of this element an insurer’s liability is voidable at his option.[4]

The duty of good faith is of a continuing nature in as much no material alteration can be made to the terms of the contract without the mutual consent of the parties[5] and both, the assured and the insurer have an obligation to disclose all…

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Arbitration Council of India: The ‘Arbitration Regulator’?

The Boardroom Lawyer

This is the first guest post on The Boardroom Lawyer and has been written by Ajar Rab. Mr. Rab is a Partner at Rab & Rab Associates, LLP. He graduated from NLSIU in 2011, completed a masters dual degree in Law and Business from Bucerius Law School/WHU Otto Beisheim School of Management and is presently pursuing his PhD in International Commercial Arbitration.

Arbitration in India has struggled to fully take-off, as opposed to other international jurisdictions such as Switzerland, Germany, USA etc. The judges have a misplaced distrust in the abilities of arbitrators and the process of arbitration, resulting in judicial intervention and judicial review at each step of an arbitration proceeding. Seeking possible solutions to address the limping arbitration process in India, the government constituted a High-Level Committee with Justice B.H. Srikrishna as the Chairman (“Committee”). The mandate of the Committee was to suggest reforms and suggestions…

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Fan Subbing: The Void of Speaking in Subtitles

The RMLNLU Law Review Blog

By: Chitresh Baheti & Krati Sharma


“Subtitling conventions are not set in stone and only time will tell whether these fansub conventions are just a mere fleeting fashion or whether they will… become the seed of a new type of subtitling for the digital space.”  – Diaz Cintas and Munoz Sanchez, 2006

Audio-visual translation represents an area where the tussle between the professional norms and freedom of users, primarily “fan-produced, translated, subtitled version” exists and has come to be known as Fansubbing. Fansubbing, also known as Fan-subtitled[1], is an unauthorised translation in the form of subtitles. It can be referred to as “non-professional subtitling, making a reference to subtitles created voluntarily by fans for fans”[2] which is mostly related to Anime and Abusive subtitling.[3]

Fansubbing is arranged at the disjuncture of the worldwide mediascape, which strengthens with the public access to duplicates. It offers the…

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