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Reinstating Practice: Evaluating the Judicial Entry Framework in India and Comparative Jurisdictions
The Supreme Court of India reinstated a 3-year legal practice requirement for entry-level judicial posts, emphasizing the need for real-world experience to enhance judicial competence. This aligns India with common law traditions, prioritizing practical wisdom.
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Reinstating Practice: Evaluating the Judicial Entry Framework in India and Comparative Jurisdictions
Anish Sinha
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Soaring High: How GIFT City is Making India a Global Aircraft Leasing Powerhouse
Anish Sinha
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Counting for Justice: India’s Caste Census and the Road to Equality
Anish Sinha
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The Indus Waters Treaty: A Detailed Examination of Its Origins, Current Crisis, and Future Implications
Anish Sinha
buzz
SC: Judiciary Must Recognize Gender-Specific Challenges Faced by Women Officers
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Legal Wires

SC: Judiciary Must Recognize Gender-Specific Challenges Faced by Women Officers

The Supreme Court reinstated two women judicial officers in Madhya Pradesh, emphasizing the need for a gender-sensitive work environment. Justice Nagarathna highlighted the challenges faced by women in judiciary.
SC: Judiciary Must Recognize Gender-Specific Challenges Faced by Women Officers
buzz
Legal Wires
SC: Judiciary Must Recognize Gender-Specific Challenges Faced by Women Officers
The Supreme Court reinstated two women judicial officers in Madhya Pradesh, emphasizing the need for a gender-sensitive work environment. Justice Nagarathna highlighted the challenges faced by women in judiciary.
Five-Year Legal Battle Ends: Kangna Ranaut Unconditionally Withdraws Remarks Against Jawed Akhtar in Defamation Case
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Legal Wires
Five-Year Legal Battle Ends: Kangna Ranaut Unconditionally Withdraws Remarks Against Jawed Akhtar in Defamation Case
Kangana Ranaut has unconditionally apologised to Javed Akhtar for defamatory remarks made in a 2020 interview. The Bollywood actor withdrew her statements, leading Akhtar to withdraw his complaint.
SC to Civic Bodies: Explain How Manual Scavenging Deaths Persist Despite Ban in Delhi, Kolkata, Hyderabad
buzz
Legal Wires
SC to Civic Bodies: Explain How Manual Scavenging Deaths Persist Despite Ban in Delhi, Kolkata, Hyderabad
The Supreme Court has summoned officials from Delhi, Kolkata & Hyderabad over deaths due to manual scavenging, questioning why the practice persists despite claims of its eradication.
Supreme Court Rules: Customs Officers Must Meet Stricter ‘Reasons to Believe’ Standard Before Arresting Suspects
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Legal Wires
Supreme Court Rules: Customs Officers Must Meet Stricter ‘Reasons to Believe’ Standard Before Arresting Suspects
The Supreme Court of India has delineated the arrest powers of customs officers, emphasizing that they are distinct from police officers and are required to meet a higher standard of 'reasons to believe' before proceeding with an arrest."
Public Servant Prosecution Cannot Proceed Without Valid Sanction, Rejects 'Deemed Sanction' Argument Under Section 197 CrPC
buzz
Legal Wires
Public Servant Prosecution Cannot Proceed Without Valid Sanction, Rejects 'Deemed Sanction' Argument Under Section 197 CrPC
The Supreme Court rules there is no concept of deemed sanction under Section 197 CrPC, emphasizing that public servants cannot be prosecuted without valid sanction from the competent authority.
Supreme Court Strikes Down Legislative Immunity, Allows Judicial Review of Bihar Council’s Expulsion of RJD MLC Sunil Kumar Singh
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Legal Wires
Supreme Court Strikes Down Legislative Immunity, Allows Judicial Review of Bihar Council’s Expulsion of RJD MLC Sunil Kumar Singh
The Supreme Court rules that legislative decisions, even if made by committees, are subject to judicial review, ensuring that legislative actions affecting fundamental rights are scrutinized.
SC Reverses Expulsion of Sunil Kumar Singh from Bihar Legislative Council, Emphasizes Proportionality and Fairness in Legislative Disciplinary Actions
buzz
Legal Wires
SC Reverses Expulsion of Sunil Kumar Singh from Bihar Legislative Council, Emphasizes Proportionality and Fairness in Legislative Disciplinary Actions
The Supreme Court has set a precedent for proportional punishment for misconduct by legislative members, emphasizing the importance of balancing fairness and legislative integrity in its recent judgment on RJD MLC’s expulsion.
Jeweler Acquitted by Supreme Court in ₹6.7 Crore Fraud, Cites Lack of Knowledge Regarding Stolen Property, Gold Bars Returned
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Legal Wires
Jeweler Acquitted by Supreme Court in ₹6.7 Crore Fraud, Cites Lack of Knowledge Regarding Stolen Property, Gold Bars Returned
The Supreme Court acquitted jeweler Nandkumar Babulal Soni in a ₹6.7 crore fraud case, ruling that mere possession of stolen gold bars doesn’t warrant conviction without proof of knowledge or involvement.
Supreme Court Declines to Intervene in Bangladesh, Dismisses PIL Seeking Indian Government Action for Hindu Minorities
buzz
Legal Wires
Supreme Court Declines to Intervene in Bangladesh, Dismisses PIL Seeking Indian Government Action for Hindu Minorities
The Supreme Court dismissed a PIL seeking protection for Hindus in Bangladesh, citing non-interference in foreign affairs. The petitioner was advised to approach the Government for assistance
case-study
case-study
Harish Khan

Case Study: Philip Morris v. Uruguay

The Philip Morris v. Uruguay case reaffirmed states' rights to regulate in the public interest, particularly for health measures. The ICSID tribunal ruled that Uruguay's tobacco regulations did not constitute expropriation or unfair treatment, setting a key precedent.
case-study
Harish Khan
Case Study: Philip Morris v. Uruguay
The Philip Morris v. Uruguay case reaffirmed states' rights to regulate in the public interest, particularly for health measures. The ICSID tribunal ruled that Uruguay's tobacco regulations did not constitute expropriation or unfair treatment, setting a key precedent.
case-study
Harish Khan
Case Study: Siemens A.G. v. The Argentine Republic
The Siemens v. Argentina case reaffirmed investor protections under BITs, ruling Argentina’s termination of Siemens’ contract as unlawful expropriation. The ICSID tribunal awarded Siemens over $217 million, reinforcing fair treatment and state obligations in investment disputes.
case-study
Harish Khan
Case Study: SD Myers v. Canada
The SD Myers v. Canada case set key precedents in NAFTA arbitration, clarifying national treatment, minimum standard of treatment, and damages in non-expropriation cases. The Tribunal found Canada's PCB export ban discriminatory, awarding SDMI CAN$6 million in compensation.
case-study
Harish Khan
Case Study: Metalclad Corp. v. United Mexican States
Metalclad v. Mexico highlights indirect expropriation under NAFTA, where regulatory actions deprived an investor of economic use. The tribunal ruled in favor of Metalclad, awarding $16.5M, but a Canadian court partially annulled the decision, limiting its scope.
case-study
Harish Khan
Case Study: Tecnicas Medioambientales Tacmed S.A. (Tecmed) v. Mexico
The Tecmed v. Mexico case (ICSID Case No. ARB(AF)/00/2) established that politically motivated regulatory actions can constitute expropriation. The tribunal ruled that Mexico’s refusal to renew a landfill permit violated investor protections, awarding $5.5M in damages.
case-study
Anish Sinha
Case Study: The State of Madhya Pradesh v. Balveer Singh
The Supreme Court ruled that a child witness’s credible and consistent testimony can form the sole basis for conviction without corroboration. It held that mere delay in recording the statement does not render it unreliable, reaffirming legal standards for child testimony.
case-study
Harish Khan
Case Study: Germany v. Polland (The Chorzow Factory case)
The Chorzow Factory case (1927) established that unlawful expropriation by a state requires full reparation, restoring the injured party to its original position or providing compensation, setting a precedent in international law on state responsibility.
case-study
Harish Khan
Case Study: Saipem S.p.A. v. The People’s Republic of Bangladesh
In Saipem S.p.A. v. Bangladesh, ICSID ruled that judicial interference leading to loss of contractual rights is indirect expropriation. This case broadened protection for foreign investors under international investment law.
case-study
Anish Sinha
Case Study: Vihaan Kumar v. State of Haryana & anr.
The Supreme Court in Vihaan Kumar v. State of Haryana (2025) ruled the arrest unconstitutional, citing violations of Article 22(1). It held that merely informing the accused’s wife does not fulfill legal requirements, reinforcing safeguards against unlawful detention.
columns
columns
Anish Sinha

Reinstating Practice: Evaluating the Judicial Entry Framework in India and Comparative Jurisdictions

The Supreme Court of India reinstated a 3-year legal practice requirement for entry-level judicial posts, emphasizing the need for real-world experience to enhance judicial competence. This aligns India with common law traditions, prioritizing practical wisdom.
columns
Anish Sinha
Reinstating Practice: Evaluating the Judicial Entry Framework in India and Comparative Jurisdictions
The Supreme Court of India reinstated a 3-year legal practice requirement for entry-level judicial posts, emphasizing the need for real-world experience to enhance judicial competence. This aligns India with common law traditions, prioritizing practical wisdom.
columns
Anish Sinha
Soaring High: How GIFT City is Making India a Global Aircraft Leasing Powerhouse
GIFT City is transforming India into a global aircraft leasing hub, reducing reliance on foreign lessors. With tax exemptions, regulatory clarity, and flexible leasing models, it’s driving economic resilience and aviation growth, positioning India to own the skies.
columns
Anish Sinha
Counting for Justice: India’s Caste Census and the Road to Equality
India's caste census, the first since 1931, aims to refine welfare and affirmative action but risks deepening divisions. Balancing equity and unity, it tests India's democratic resolve to use data for justice without fueling identity politics.
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Anish Sinha
The Indus Waters Treaty: A Detailed Examination of Its Origins, Current Crisis, and Future Implications
India’s suspension of the Indus Waters Treaty after the 2025 Pahalgam attack escalates tensions with Pakistan. The move risks water security, regional stability, and sets a dangerous precedent for transboundary rivers, urging dialogue to avert crisis.
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Kanika Dutt
Necessity and Proportionality in International Humanitarian Law: Legal Boundaries in Armed Conflict
The principles of necessity and proportionality in IHL limit warfare by balancing military objectives with humanitarian concerns. Rooted in treaties and customary law, they ensure that force is essential and proportionate, preventing excessive harm to civilians.
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Harish Khan
International Commercial Arbitration vs. International Investment Arbitration: A Comparative Analysis
International Commercial Arbitration (ICA) and International Investment Arbitration (IIA) differ in scope, legal frameworks, and policy concerns. ICA resolves private disputes, while IIA involves state sovereignty, public interest, and investment treaty obligations.
Understanding Cyber Laws in the Globalised world: from the Budapest treaty to the UN
columns
Aditi Saxena
Understanding Cyber Laws in the Globalised world: from the Budapest treaty to the UN
In the digital era, cyber laws safeguard security, privacy, and governance. Global treaties like the Budapest Convention and UN Cybercrime Convention aim to combat cyber threats, balancing sovereignty and cooperation. India upholds sovereignty while evolving its cyber laws.
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Kanika Dutt
Decoding Legislation: Core Principles of Statutory Interpretation
Statutory interpretation ensures laws align with legislative intent while adapting to modern realities. Courts use the literal, golden, mischief, and purposive rules to balance strict textual reading with practical application, ensuring justice and legal certainty.
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Kanika Dutt
Transitional Justice in Rwanda: The Role of Gacaca Courts
Rwanda's Gacaca courts were a unique transitional justice mechanism aimed at addressing the 1994 genocide. These community-based courts prioritized reconciliation over retribution, fostering dialogue and healing. Despite criticism, they played a crucial role in post-genocide justice.
lex-o-pedia
lex-o-pedia
Rashmi Acharya

What is the impact of Globalization on Investment Law?

Globalization has transformed investment law, shaping foreign direct investment (FDI) flows, regulatory frameworks, and investor protections. Bilateral treaties, dispute mechanisms, and economic integration reflect the evolving legal landscape of cross-border investments.
lex-o-pedia
Rashmi Acharya
What is the impact of Globalization on Investment Law?
Globalization has transformed investment law, shaping foreign direct investment (FDI) flows, regulatory frameworks, and investor protections. Bilateral treaties, dispute mechanisms, and economic integration reflect the evolving legal landscape of cross-border investments.
lex-o-pedia
Rashmi Acharya
What is the role of the International Centre for Settlement of Investment Disputes (ICSID)?
The International Centre for Settlement of Investment Disputes (ICSID) provides a neutral forum for resolving disputes between states and foreign investors. Established in 1966 under the ICSID Convention, it ensures impartial arbitration and conciliation, fostering investment stability.
lex-o-pedia
Rashmi Acharya
What are Bilateral Investment Treaties (BITS)?
Bilateral Investment Treaties (BITs) are agreements between two states that protect foreign investors by ensuring fair treatment, preventing expropriation, and providing dispute resolution mechanisms.
lex-o-pedia
Harish Khan
What is Expropriation under International Investment Laws?
Expropriation in international investment law is the compulsory taking of foreign investors' assets by a host state, balancing sovereign rights with investment protection. It includes direct and indirect forms, requiring fair compensation and due process.
lex-o-pedia
Harish Khan
What is GATT and the WTO?
The WTO evolved from GATT to better address global trade challenges, expand trade rules to services and intellectual property, and establish a stronger dispute resolution system, ensuring fairness and predictability in international trade.
lex-o-pedia
Harish Khan
What is the Doctrine of Regulatory Taking in International Investment Law?
The regulatory taking doctrine in international investment law mandates compensation when state regulations significantly impact investments, even without formal expropriation, balancing sovereign regulation and investor protection.
lex-o-pedia
Harish Khan
What is Fair and Equitable Treatment in International Investment Law?
Fair and Equitable Treatment (FET) ensures stability, transparency, and non-discrimination in investment law. It protects investors' legitimate expectations and prevents arbitrary actions. Its evolving interpretation impacts global investment disputes and treaty practices.
lex-o-pedia
Harish Khan
What is Most-Favoured-Nation (MFN) Treatment in Investment Treaties?
Most-Favoured-Nation (MFN) treatment ensures foreign investors receive treatment no less favorable than investors from other nations. While promoting non-discrimination, its application in dispute resolution and substantive protections remains debated in investment law.
lex-o-pedia
Harish Khan
What is an Umbrella Clause?
An umbrella clause in investment treaties mandates host states to honor commitments related to investments, elevating breaches of local obligations to international disputes. It enhances investor protection, though its scope and applicability remain debated in arbitration.
glossary
Legal Maxim: Novus Actus Interveniens
glossary
Akash Srivastava

Legal Maxim: Novus Actus Interveniens

Novus Actus Interveniens is a legal doctrine that breaks the chain of causation, relieving a defendant of liability when an unforeseeable, independent act intervenes between their action and the resulting harm.
Legal Maxim: Novus Actus Interveniens
glossary
Akash Srivastava
Legal Maxim: Novus Actus Interveniens
Novus Actus Interveniens is a legal doctrine that breaks the chain of causation, relieving a defendant of liability when an unforeseeable, independent act intervenes between their action and the resulting harm.
Legal Maxim: De minimis non curat lex
glossary
Sujal Kesharwani
Legal Maxim: De minimis non curat lex
“De minimis non curat lex,” a Latin maxim meaning “The law does not concern itself with trifles,” signifies that courts should not waste time on minor, insignificant matters. Originating from Roman law, this principle is reflected in Section 95 of the Indian Penal Code, which prevents penalizing tri
Legal Maxim: Suppressio Veri or Suggestio Falsi
glossary
Sahil Kumar
Legal Maxim: Suppressio Veri or Suggestio Falsi
The legal maxim “suppressio veri or suggestio falsi” signifies that the suppression of truth is equivalent to the suggestion of falsehood. This principle holds that if either the omission of relevant facts or the presentation of false information regarding a material fact in a contract can be proven
Legal Maxim: Noscitur a Sociis
glossary
Sahil Kumar
Legal Maxim: Noscitur a Sociis
The legal maxim “Noscitur a Sociis” means “it is known by its associates.” This doctrine asserts that the meaning of an unclear word in a statute or contract should be determined by the words surrounding it. It emphasizes context, ensuring the interpretation aligns with the document’s overall intent
Glossary: Nemo Debet Esse Judex In Propria Sua Causa
glossary
Disha Bhardwaj
Glossary: Nemo Debet Esse Judex In Propria Sua Causa
“Nemo debet esse judex in propria sua causa” is a Latin legal maxim meaning “no one should be a judge in their own cause.” This principle ensures fairness and impartiality in legal proceedings by preventing conflicts of interest. It upholds the integrity of the judicial system by guaranteeing that d
Glossary: Allegans Contraria Non Est Audiendus
glossary
Sahil Kumar
Glossary: Allegans Contraria Non Est Audiendus
“Allegans contraria non est audiendus,” a Latin legal maxim, translates to “a person alleging contradictory facts is not to be heard.” This principle emphasizes consistency in legal arguments, asserting that one cannot present conflicting statements or claims within the same case. It is fundamental
Vakalatnama
glossary
Floren Kesharwani
Vakalatnama
A Vakalatnama is a legal document authorizing an advocate to represent a client in a court of law. It grants the lawyer the power to act on behalf of the client, including filing suits, attending hearings, and signing pleadings. Typically, the client signs the Vakalatnama, and it is submitted to the
Legal Maxim: Actori Incumbit Onus Probandi
glossary
Fazila Khan
Legal Maxim: Actori Incumbit Onus Probandi
Actori Incumbit Onus Probandi, a Latin legal maxim, means “the burden of proof lies on the plaintiff.” The burden of proof requires the plaintiff to establish the facts of the case to the requisite standard of proof, typically “beyond a reasonable doubt” in criminal cases and “preponderance of evide
Legal Maxim: Expressio Unius Est Exclusio Alterius
glossary
Paridhi Tiwari
Legal Maxim: Expressio Unius Est Exclusio Alterius
xpressio Unius Est Exclusio Alterius is a legal maxim meaning “the expression of one thing is the exclusion of another.” It is used in statutory interpretation to infer that if a law explicitly mentions certain items, other items not mentioned are excluded.
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