Jurisdictio Omnis

Archives

By: Abhishek Unnithan, Rajiv Gandhi National University of Law INTRODUCTION “If Liberty means anything at all, it means the right to tell people things they do not want to hear.” This is the foundational social contract underpinning every free society. A civilized, democratic government rests on the quality of public discourse and this is engendered by the clashing of dissenting ideas and opinions. A democracy attempting to gag the free flow of… Read More

A petition was filed in Delhi High Court seeking permission to sell green firecrackers on the occasion of Diwali in the national capital by 50 licensed traders. They mentioned that in the Supreme Court’s order there was no total ban on the use of firecrackers. In the Apex court’s decision, it was clarified that the ban was only on crackers made of barium salts. Justice Sanjeev Sachdeva, before whom the petition was… Read More

Caveat Emptor is an ancient Latin maxim relevant in common law that means ‘let the buyer beware’. It is used in theresolution of disputes arising on the question of goods, services and property. In contract law, it cautions the buyer and places him into an obligation to perform the due diligence and examination before making the purchase. It is also a vital rule in the Sale of Goods Act, 1930 wherein it holds the purchaser responsible for his decision to purchase. In the case of Mariappan v Inspector General… Read More

The Election Commission of India issued a notification according to which in 159-Babanipur Assembly Constituency, the by-elections would be conducted on 30th September. The fact that the special request was received from the Chief Secretary, Government of West Bengal was also highlighted. The statement by Election Commission of India specified that while all other constituency by-elections were not being held, the by-elections would be held based on the request of Chief Secretary,… Read More

PARTIES OF THE CASE – PETITIONER: Suresh Shah RESPONDENT: Hipad Technology India Private Limited CITATION: Arbitral Petition (Civil) No. 08/2020 BENCH: Justice A.S. Bopanna, Justice V. Ramasubramanian FACTUAL BACKGROUND: There was a dispute between the petitioner and respondent regarding the sub-lease of a premise. The sub-lease deed between the parties contained a clause that stated that in case of any dispute, the same should be resolved by the process of Arbitration. The… Read More

The Latin maxim ex post facto literally translates to ‘arising from past facts’ or ‘out of the aftermath’. In the legal scenario, the ex post facto law can retroactively change the legal consequence of an action that was committed before the enactment of the law and was considered lawful in the past.  However, there have been objections to this law as it is seen as a violation of the rule of law,… Read More

Criminal force and assault (Section 349- 358) Force (Section 349): the section lays that a person is said to use force to another if he causes motion, with anything which that other is carrying or with anything so situated that such contact affects that other’s sense of feeling. Assault (Section 351): This section defines any expression or preparation intending, or knowing it to be likely, that such gesture or preparation will cause… Read More

A petition was filed by Activist FerozeMithiborwala before the Bombay high Court against Maharashtra government’s decision which permitted only those people who have been fully vaccinated for Covid to use local trains, visit malls and workplaces. The under Secretary and the Chief Secretary of the state issued a Standard OperatingProcedure on the 10th and 11th August which prohibited those who hadn’t taken both the vaccines from travelling in local trains or visiting… Read More

 Abetment of suicide (Section 305 and 306) Section 305 – abetting suicide committed by a person under 18 years of age, or by an insane or a delirious person, or an idiot or a person in a state of intoxication. Such offences are punishable by death or imprisonment for life, or imprisonment for 10 years and fine. Abetting suicide committed by any other person.   Attempt to commit murder, culpable homicide or suicide… Read More

Introduction –  The renowned French playwright Yazmina Reza once said, “Theatre is a mirror, a sharp reflection of society. The greatest playwrights are moralists.” Whether theatre and moralism go hand in hand is a dithering fact but what can be asserted,rather undoubtedly, is that theatre and its forms of expression always remain a true testament and mirror to our social realities and as such, should be free from restraints and controls to facilitate expression in its true… Read More