Ep. 6: Right to Free Speech in the times of Coronavirus
Dr. Indranil Khan had criticised the Government on social media for failing to provide adequate protective gear to medical personnel who are treating COVID-19 patients. The police filed an FIR against him, and he petitioned the Calcutta High Court.
Tune in to find out what happened next.
21 Mar 2020
Ep. 5: Is there a Fundamental Right to Protest?
In its judgment in Kamil Siedczynski v Union of India, the Calcutta High Court held that there exists a fundamental right to protest, located within Articles 19(1)(a) & 21, and that this right is also available to a foreigner.
Kamil was expelled from India for participating in an anti-CAA rally, but the Court set aside this Order of Expulsion, holding that it violated Kamil's right under Article 21, and his basic right to free speech. It further held that participating in political rallies and protests are basic and necessary rights in democratic societies.
The Court also set aside the impugned order on the grounds that Kamil was not given a fair hearing by the authorities, and that the order did not disclose any valid reasons for his expulsion.
Further, the Court refused to consider a Confidential Report submitted by the Government in a sealed cover, on the grounds that its contents were unknown to the petitioner at the time the order of dismissal was issued, and that its contents did not form the basis of such order.
5 Mar 2020
Ep. 4: Delayed Disclosure in a Transferred Suit, where disclosure completed before transfer
This is the fourth episode of Ode to the Code, a podcast on the Code of Civil Procedure. In this episode, Aditya Prasanna Bhattacharya flies solo, and discusses a wide range of issues under the Commercial Courts Act. After explaining two seemingly disparate concepts, i.e., the delayed disclosure of documents, and transfer of suits, he links the two, and tries to answer an interesting question: what happens in case of delayed disclosure of documents for a transferred suit where disclosure was already completed before the transfer?
29 Oct 2019
Ep. 3 - Rejection of Plaint: the 'four corners' rule & amendment of plaint
This is the third Episode of 'Ode To The Code', a podcast on Civil Procedure in India. In this episode, Aditya Prasanna Bhattacharya & Harsh Tiwari discuss the principles and case-law governing rejection of plaints under the CPC.
Tune in to understand the implications of the 'four corners' rule, how amending a plaint interfaces with its rejection under O7 R 11, and various other associated questions.
27 May 2019
Ep. 2 - Ex-parte Ad-interim injunctions: A bane of civil justice?
This is the second Episode of 'Ode To The Code', a podcast on Civil Procedure in India. In this episode, Aditya Prasanna Bhattacharya & Ambarin Khambati engage Dr. Nanda Kishore on Ex-parte Ad-interim injunctions.
Tune in to understand the principles governing the regime for interim reliefs, and how it is routinely misused by parties, and misunderstood by Courts. What is the way forward for the system?
14 May 2019
Ep. 1: Introduction + Arrayal of Parties
This is the first Episode of 'Ode To The Code', a podcast on Civil Procedure in India. In this episode, Aditya Prasanna Bhattacharya engages Dr. Nanda Kishore on 'Arrayal of Parties'.
Tune in for an introduction to this podcast, and to know how the Delhi High Court used its powers to curb a villainous tactic used by plaintiffs in Intellectual Property suits!
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