Categories
Procedural Law

Interlocutory or not? Judicial Inconsistency and the Classification Crisis under Section 438(2) BNSS

Barbara Prem Section 438(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), formerly Section 397(2) of the CrPC, bars the revision of interlocutory orders to prevent trial delays. However, inconsistent judicial application of the ‘intermediate order’ doctrine, established in Madhu Limaye v. State of Maharashtra, has created a classification crisis. By miscategorising crucial mid-trial orders […]

Categories
Privacy Law

When the State Forgets to Forget: Tiered Exemptions under the DPDPA

Riyan Paul Mathew Abstract The DPDP Act 2023, envisioned to fill the legal lacunae on digital privacy, falls largely short of its statement of objects and reasons. By carving out three tiered exemptions for governmental activity, covering national security and public order, criminal investigation, and statistical research, and removing meaningful timelines for the erasure or […]

Categories
Insolvency

When Recall Becomes a Door to Delay: Procedural Abuse and Finality in Insolvency Adjudication: Part 2

Shivangi Nawalkha & Shreshtha Saha Ray In Part I, we examined how recall jurisdiction, though conceived as a narrow corrective safeguard, has increasingly been deployed as a strategic instrument of delay in insolvency proceedings. Part II builds on that diagnosis by examining the jurisprudential boundaries of recall and articulating a principled reform framework. Case Studies […]

Categories
Insolvency

When Recall Becomes a Door to Delay: Procedural Abuse and Finality in Insolvency Adjudication: Part 1

Shivangi Nawalkha & Shreshtha Saha Ray Introduction The power of the National Company Law Tribunal’s (“NCLT”) and National Company Law Appellate Tribunal’s (“NCLAT”) power to recall their own orders is a blunt yet indispensable judicial instrument. It operates as a corrective safeguard to prevent the miscarriage of justice, to nullify orders procured by fraud or […]

Categories
Labour

Tech, Class, and the New Labour Politics in Light of Kerala’s Right to Disconnect Bill

Purvi Singla I. Introduction In a world that increasingly boasts of an overwhelming workload and long hours, Kerala has charted a different course to protect its workers. Japan’s newly elected Prime Minister Sanae Takaichi, in her first speech, quoted ‘Reject the term work-life balance, just work’ and asked citizens to work like a horse. This […]