A tribute to Dr Shamnad Basheer: This article is a tribute to Dr Shamnad Basheer, an Indian legal scholar and founder of the blog SpicyIP. He was also the founder of IDIA, a trust which works on making legal education accessible for underprivileged students. Dr Shamnad Basheer was also a Ministry of Human Resource Development Chaired Professor of Intellectual Property Law at the WBNUJS, Kolkata. [In Memory Of Shamnad Basheererby Ruma Pal, (2020) 1 SCC (J-1)]
A tribute to Dr Shamnad Basheer: This article is also a tribute to Dr Shamnad Basheer, an Indian legal scholar and founder of the blog SpicyIP. He was also the founder of IDIA, a trust which works on making legal education accessible for underprivileged students. Dr Shamnad Basheer was also a Ministry of Human Resource Development Chaired Professor of Intellectual Property Law at the WBNUJS, Kolkata. [Shamnad: An Exceptional Scholar And Humanistst by Mahendra Pal Singh, (2020) 1 SCC (J-3)]
Criminal responsibility with and without mens rea: Jerom Hall’s rationalisations of the mens rea doctrine have virtually turned it into a cardinal tenet of criminal liability that continues to dominate the criminal liability thinking to the present day. But in the post industrialised societies the growing spectre of objective criminal liability and increasing incidence of strict liability are posing a tough challenge to the mens rea hegemony. Apart from the challenges that emerge from the traditions and the legislative initiatives, the most powerful critique of mens rea has come from the thoughts and writings of Lady Barbara Wootton, whose anti-mens rea thesis have posed a ground level challenge. As against Lady Barbara Wootton’s preventive, non-punitive and pro-strict liability conceptualisation of criminal responsibility, Professor H.L.A. Hart, as a traditionalist, upholds the punitive criminal law system that is strongly anchored on a guilty mind or mens rea element. In this article, the author has discussed the Hart/Wootton debate about criminal responsibility without mens rea and the implications for the common law offences in the United Kingdom and Penal Code and statutory law offences in India. [The Hart/Wootton debate about criminal responsibility without mens rea: Implications for the common law offences in the United Kingdom and Penal Code and statutory law offences in India by Professor B.B. Pande, (2020) 1 SCC (J-8)]
Cheque proceedings against a company during insolvency proceedings: The National Company Law Appellate Tribunal recently in Shah Bros. Ispat (P) Ltd. v. P. Mohanraj, 2018 SCC OnLine NCLAT 415, approved parallel continuation of proceedings under the Negotiable Instruments Act, 1881 against a company subjected to moratorium while undergoing resolution process under the Insolvency and Bankruptcy Code, 2016. The decision of NCLAT raises multiple issues ranging from an apparent conflict between the NI Act and the IB Code to practical impossibilities in allowing both the proceedings to continue simultaneously. The object of the article is to discuss the legal problems that may arise in light of the decision in Shah Bros. Ispat case, and why the decision needs to be revisited in light of the settled law. [Cheque proceedings against a company during insolvency proceedings – A legal complication by Akaant Kumar Mittal, (2020) 1 SCC (J-23)]
Emergency arbitration: The concept of an emergency arbitrator involves a mechanism by which a party to an arbitration agreement who wishes to seek an urgent pro tem or protective measure may apply for appointment of an arbitrator even before the constitution of the Arbitral Tribunal. This is usually done to secure the disputed amount or property, prevent disclosure of proprietary information, or preserve evidence before it is destroyed. In this article, the author has discussed the history of the practice of emergency arbitration, its status around the world and in India and the issues surrounding enforcement of their awards. The author has also suggested that merely having emergency arbitrator within the ambit of “Arbitral Tribunal” is not sufficient and measures should be taken to make the practice of an emergency arbitrator more effective.[ Emergency arbitrators and the issues surrounding enforcement of their awards: An Indian perspective by Vardaan Bajaj, (2020) 1 SCC (J-30)]
