Avishek Singh

The Intersection of Religious Freedom and LGBTQ + Rights Abstract

LGBT rights” are the rights of lesbian, gay, bisexual, and transgender people to live freely without discrimination and enjoy equal rights, personal autonomy, and freedom of expression and association. The relationships between the free exercise of religion, freedom from others’ religious exercise, and the freedom of all to participate as equals in public life—indeed, the …

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man, refugee, escape

The Treatment of Migrant and Refugee & Problem they Face in Different Countries

Abstract It is a complicated and varied matter how refugees and migrants are treated. The political environment, the economic circumstances, and the cultural norms of the host nation are only a few things that might affect how these groups are handled. Refugees and migrants may occasionally get respect and dignity. They are given access to …

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THE SITUATION OF ANIMAL RIGHTS IN INDIA  AND THE POTENTIAL FOR NON HUMAN CREATURES TO BECOME HUMAN

ABSTRACT India is 7th largest country in the world and one of the most bio diverse country.It is home to 91000 species of animals from asiatic lion to Bengal tiger. Term animal denotes any other being other than humans. So they are not mere things or objects or property. Humans exploited the animals for food,  …

THE SITUATION OF ANIMAL RIGHTS IN INDIA  AND THE POTENTIAL FOR NON HUMAN CREATURES TO BECOME HUMAN Read More »

judge, court, gavel

PRESERVING TRADITIONAL KNOWLEDGE: BIODIVERSITY IN INDIA AND RIGHTS OF INDIGENOUS PEOPLE IN THE IPR REGIME

ABSTRACT The growing importance of indigenous communities’ traditional knowledge (TK), both in terms of economic value and role in biodiversity conservation, has led to multinational corporations and research organisations using this knowledge for commercial purposes without adequate compensation. Numerous cases of biopiracy have brought this issue to light, leading calls for the protection of TK …

PRESERVING TRADITIONAL KNOWLEDGE: BIODIVERSITY IN INDIA AND RIGHTS OF INDIGENOUS PEOPLE IN THE IPR REGIME Read More »

rupee, indian, india

Impact of GST in India

Abstract In India, there are two types of taxes – Direct and Indirect taxes. Direct taxes are taxes that are directly paid by the individual/citizen of the country to the government. Example: Income Tax. Indirect taxes are taxes which is paid by the individual/citizen of the country to the government indirectly. Examples: VAT, CST, Excise …

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GENDER BIASED LAWS IN THE FEMINIST INDIA

Freebies Against Constitutional Democracy: Challenges & Critiques

Abstract In the contemporary political landscape, freebies encompass a wide array of policies and initiatives, such as government subsidies, welfare programs, tax incentives, and more, all designed to address pressing social and economic concerns. These offerings can serve as powerful tools for elected officials and political parties to secure public support and influence electoral outcomes. …

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hammer, books, law

Case: Javed Shaukat Ali Qureshi vs The State Of Gujarat

DATE OF JUDGEMENT: September 13,2023 APPELLANT: Javed Shaukat Ali Qureshi RESPONDENT: The State of Gujarat BENCH: Hon’ble Justice Abhay S. Oka and Hon’ble Justice Sanjay Karol CRIMINAL APPEAL NO: 1012 OF 2022 FACTS OF THE CASE: ISSUES RAISED One of those who was found guilty (appellant) appealed the conviction before the Supreme Court, challenging the …

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girl, teenager, human

The Impact of The Anti – Trafficking Bill, 2021 On Human Trafficking in India

ABSTRACT Human tracking is not a recent crime; rather, it is an ancient activity that was formerly common in the form of “slavery” and was a recognized commercial practice. While the ancient form of slavery is no longer practiced, it lives on in the altered form of human trafficking, which is often referred to as …

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judge, hammer, judgement

Indian Hotel and Restaurant Association & Anr. V. The State of Maharashtra & Ors.

Citation: Writ Petition Civil No.576 of 2016 Date of Judgement: 17th January 2019 Name of Appellate: Indian Hotel and Restaurant Association (AHAR) Name of Respondent: The State of Maharashtra and Ors. Bench: Justice A. K. Sikri and Justice A. Bhushan Legal Provisions: Article 14, 15, 19(1)(a), 19(1)(g), 21; Section 2(8)(i), 6(4), 8(1), 8(4) of the …

Indian Hotel and Restaurant Association & Anr. V. The State of Maharashtra & Ors. Read More »

lady justice, legal, law

Hostile Takeovers in India: Legal and Regulatory Framework

Abstract A merger is the combination of two separate companies into one, while an acquisition is where one company buys another and assumes decision-making control as the new owner. When a company is acquired by another company without board approval, the takeover becomes hostile. The target company is the company to be acquired and the …

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Unmasking the Challenges: A Comprehensive Analysis of the Indian Penal Code’s Applicability in the 21st Century

ABSTRACT- The Indian Penal Code (IPC), a product of British colonial rule, has endured for 160 years, but in the rapidly evolving landscape of the 21st century, its efficacy and relevance have been called into question. This research paper explores the pressing need for a comprehensive analysis and radical transformation of the IPC to address …

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Parliamentary Privileges & Rights of a Non-Member: Delhi Assembly vs. Facebook

ABSTRACT The privileges provided to the members of Parliament and the members of the State Legislature enshrined under Articles 105 and 194 of the Constitution respectively are the requisite tools for ensuring a fearless and open expression on the pertaining matters in the house. These powers are classified broadly into two categories- to the members …

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Union of India v.  K.A. Najeeb

                                          (Criminal appeal no.98 of 2021)                     [Arising out of Special Leave Petition (Crl.) No. 11616 of 2019] Facts:  an unlawful act against a Professor in Kerala following the objectionable questions framed by him in B. Com examination. He was arrested by the National Investigation Agency (NIA) in 2015 since he was a member of Popular Front of India, a fundamentalist  group under UAPA (Unlawful …

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A CRITICAL ANALYSIS OF SECTION 14 (2A) OF IBC: THE SUPPLY OF ‘ESSENTIAL’ GOODS AND SERVICES DURING THE MORATORIUM PERIOD

Abstract In India, the Bankruptcy and Insolvency Code, 2016 is a remarkable development in the field of law. Today, we frequently see companies and businesses go bankrupt and insolvent. This code was introduced for resolving the problems of Insolvency ultimately. This Code works like an umbrella which brought all insolvency laws under it and address …

A CRITICAL ANALYSIS OF SECTION 14 (2A) OF IBC: THE SUPPLY OF ‘ESSENTIAL’ GOODS AND SERVICES DURING THE MORATORIUM PERIOD Read More »

business, technology, city

The Impact of Technology on Human Rights: Safeguarding Privacy and Freedom in the Digital Age

ABSTRACT This research paper critically investigates the enormous effect of technology on human rights, with a particular emphasis on preserving the fundamental ideals of privacy and freedom in our modern digital age. As technology continues to grow at a rapid pace, it provides both enormous potential and complicated concerns to individuals’ basic liberties and rights …

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SATISH S/O BANDU RAGDE VS STATE OF MAH., THR. P.S.O. … ON  19 JANUARY, 2021

CASE COMMENT FACTS Satish, the accused, lived in the same neighborhood as the 12-year-old girl, who is the prosecution’s witness. On December 14, 2016, around 11:30 a.m., the girl went out to pick guavas. She didn’t return for an extended period, prompting her mother, who is the informant,  to search for her. A nearby resident …

SATISH S/O BANDU RAGDE VS STATE OF MAH., THR. P.S.O. … ON  19 JANUARY, 2021 Read More »

SMT. S. VANITHA v. THE DEPUTY COMMISSIONER, BENGALURU, URBAN DISTRICT & ORS.

CASE COMMENT DATE OF THE CASE: 15th December, 2020 APPELLANT: Smt. S. Vanitha RESPONDENT: The Deputy Commissioner BENCH/JUDGES: Dr. Dhananjaya Y. Chandrachud (J), Indu Malhotra (J), Indira Banerjee (J) LEGAL PROVISIONS: Protection of Women from Domestic Violence Act, 2005 and The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 CIVIL APPEAL NO.: 3822/2020 …

SMT. S. VANITHA v. THE DEPUTY COMMISSIONER, BENGALURU, URBAN DISTRICT & ORS. Read More »

CENTRAL PUBLIC INFORMATION OFFICER, SUPREME COURT OF INDIA V. SUBHASH CHANDRA AGARWAL

COURT:   Supreme Court of India  DATE OF DECISION:  13 November, 2019 CASE NO.:   Civil Appeal no. 10044/2010 FACTS: ISSUE RAISED: CONTENTION The appellants made the following arguments: The respondent made the following claims: RATIONALE: The summary of judgment is as follows: On November 13, 2019, the Hon’ble Supreme Court dismissed the appeal and ruled in …

CENTRAL PUBLIC INFORMATION OFFICER, SUPREME COURT OF INDIA V. SUBHASH CHANDRA AGARWAL Read More »

A COMPREHENSIVE STUDY ON FOOD ADULTERATION LAWS IN INDIA AND LEGAL RIGHTS OF CONSUMERS

ABSTRACT In our India, people believe that Maa Annapurna is a goddess of food. So they offer prayers to her to get her blessings. We know that food, shelter, and clothing are the three basic needs of human beings. Food is one of the essential things for our livelihood. We require food daily. Our Indian …

A COMPREHENSIVE STUDY ON FOOD ADULTERATION LAWS IN INDIA AND LEGAL RIGHTS OF CONSUMERS Read More »

judge, hammer, judgement

RIGHTS OF PRISONERS AND LEGAL FRAMEWORK IN INDIA: A CRITICAL ANALYSIS

ABSTRACT- This research paper critically analyses the rights of prisoners within the legal framework of India. The paper delves into the multifaceted dimensions of prisoner rights, shedding light on constitutional guarantees. It offers an in-depth examination of the challenges prisoners face in accessing their rights, particularly within the context of overcrowding, inadequate facilities, and the …

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cryptocurrency, bitcoin, finance

To Ban or to Adopt: Cryptocurrency Quandary and the Role of RBI

1. Abstract Conventionally, the Reserve Bank of India’s regulatory jurisdiction and supervisory regime is to ensure the depositors’ interest and safety and additionally strengthen India’s banking and financial operations. The RBI represents India’s economic interests at various global platforms such as BASEL, Financial Stability Boards and is thus poised to make decisions attuned to the …

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EVOLUTION OF SEDITION LAW IN INDIA AND IMPLICATIONS OF SECTION 150 OF THE NEW BHARATIYA NYAYA SANHITA

ABSTRACT The origin of sedition law can be dated from the amendment of the Indian Penal Code in 1870. The British colonizers used it to suppress the Indian freedom struggle and rising voices of dissatisfaction. Until August 11, 2023 section 124 of the IPC provided the provisions for sedition and its punishments, now the new …

EVOLUTION OF SEDITION LAW IN INDIA AND IMPLICATIONS OF SECTION 150 OF THE NEW BHARATIYA NYAYA SANHITA Read More »

case-law, lady justice, justice

Ordinance-Making Power of the President in the Light of Recent Controversies

Abstract Ordinances were incorporated into the Indian Constitution through the Government of India Act 1935, which bestowed upon the Governor-General the capacity to proclaim Ordinances. Sections 42 and 43 of the Act specifically dealt with the Governor-General’s authority to promulgate Ordinances, stipulating that this power may only be exercised in circumstances necessitating prompt action. The …

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Government of NCT of Delhi v. Union of India

Date of the Case: May 11, 2023Appellant: Government of NCT of Delhi (National Capital Territory of Delhi)Respondent: Union of IndiaBench: Chief Justice of India D.Y. Chandrachud, Justice M.R. Shah, Justice Krishna Murari, Justice Hima Kohli, Justice PS NarasimhaLegal Provisions: Constitution of India, 1949, Article 239,  Constitution of India, 1949, Article 239 AACitations: 2023 SCC OnLine …

Government of NCT of Delhi v. Union of India Read More »

Emerging Need for Centralized Gaming Laws: Critical Study of Contemporary Stance

ABSTRACT The gaming industry is currently booming at a rapid pace in India. Being the fastest-growing sector,The Indian economy depends significantly on the gaming industry.  Currently estimated to be around USD 2.2 billion, it is expected to grow to approximately USD 7 billion by 2026. Gambling, betting and online games are evolving industries with a …

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judge, court, gavel

Pernod Ricard India Private Limited V. Frost Falcon Distilleries Limited (CS (Comm) 94/2021,2nd March 2022)

 The Delhi High Court  CORAM: HON’BLE MR. JUSTICE C. HARI SHANKAR Advocate representing plaintiff Mr. Abhijeet Rastogi Advocate representing defendant Ms. Prity Sharma  The court initially addressed the issue of trademark infringement concerning the plaintiff’s registered wordmark, “BLENDERS PRIDE.” It ruled that the plaintiff could not lay claim to exclusive rights over the “PRIDE” component …

Pernod Ricard India Private Limited V. Frost Falcon Distilleries Limited (CS (Comm) 94/2021,2nd March 2022) Read More »

“THE TREATMENT OF INSOLVENCY OR INSOLVENT UNDER INDIAN LEGISLATIONS AND ITS DISTINCT PROGRESSIONS”

ABSTRACT This research paper explores the dynamic and evolving landscape of insolvency treatment in India, with a specific focus on the legislative framework and the notable developments observed in recent years. India, as a rapidly advancing economy, has undergone significant transformations in its approach to insolvency and bankruptcy. This research paper aims to provide a …

“THE TREATMENT OF INSOLVENCY OR INSOLVENT UNDER INDIAN LEGISLATIONS AND ITS DISTINCT PROGRESSIONS” Read More »

justice, right, legal

Satender Kumar Antil v. Central Bureau of Investigation & Anr.

DATE OF THE CASE– 11th July,2022 APPELLANT- Satender Kumar Antil RESPONDENTS– Central Bureau of Investigation (CBI) & Anr. BENCH/JUDGES– Hon’ble Mr Justice Sanjay Kishan Kaul, Hon’ble Mr Justice M.M. Sundresh LEGAL PROVISIONS– S.41, S.41 A and S. 60A of The Code of Criminal Procedure (CrPC) CIVIL APPEAL NUMBER– 5191 FACTS ISSUE RAISED CONTENTION ON BEHALF …

Satender Kumar Antil v. Central Bureau of Investigation & Anr. Read More »

business, technology, city

Enactment of Uniform Civil Code and Religious rights

Abstract The Uniform Civil Code (UCC) is a concept in India’s constitution that aims to replace personal laws based on religious customs with a common set of laws governing citizens, including marriage, divorce, inheritance, adoption, and maintenance. The implementation of UCC is solely the responsibility of the government. This article primarily focuses on the historical …

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SAFEGUARDING TRADITIONAL KNOWLEDGE AND COMBATTING BIOPIRACY

ABSTRACT In the perspective of preserving the world’s biodiversity, this research article examines the crucial problem of preserving traditional knowledge and preventing biopiracy. Traditional knowledge has proven to be a goldmine of vital information on maintaining ecosystems, managing sustainable resources, and cultivating medicinal plants. However, the unethical and immoral use of this knowledge, known as …

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AI REVOLUTIONIZING THE LEGAL FIELD: AN IN-DEPTH STUDY OF THE IMPACT AND CONSEQUENCES OF ARTIFICIAL INTELLIGENCE ON LEGAL PRACTICE IN THE MODERN DAY

Abstract: Artificial intelligence (AI) has grown into a powerful driver for change in the legal industry, transforming how legal practitioners provide services and make judgment calls. This in- depth research explores the tremendous effects of AI on modern legal practice while examining its ramifications, ethical issues, and implications. The use of AI within the legal …

AI REVOLUTIONIZING THE LEGAL FIELD: AN IN-DEPTH STUDY OF THE IMPACT AND CONSEQUENCES OF ARTIFICIAL INTELLIGENCE ON LEGAL PRACTICE IN THE MODERN DAY Read More »

THE CHIEF ELECTIONS COMMISSIONER OF INDIA VS. MR. VIJAYABHASKAR [CIVIL APPEAL NO. 1767 of 2021]

CASE COMMENT: FACTS: In this case, a special leave petition has been brought in the Supreme Court of India. This petition was filed in response to a decree issued by the division of bench of the Madras High Court. That case had been initiated by an AIADMK candidate to investigate the covid 19 guidelines and …

THE CHIEF ELECTIONS COMMISSIONER OF INDIA VS. MR. VIJAYABHASKAR [CIVIL APPEAL NO. 1767 of 2021] Read More »

mosque, structure, arch

Citizenship amendment Bill- 2019: Threat created by Religion

The person residing in India has some special rights, especially the citizens in matters of employment and education, etc. which are considered to be important for the better life of any person but it becomes more than necessary to have citizenship in such states where all the boarders are surrounded by foreign boundaries such as …

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The Ganga Rejuvenation Program: A Major Step Forward in the Fight to Save the Ganga River.

Abstract The Ganga River is one of the most important rivers in India. It is a lifeline for millions of people, providing water for drinking, irrigation, and transportation. However, the Ganga River has been facing a number of challenges, including pollution, deforestation, and climate change. In recent years, there have been a number of efforts …

The Ganga Rejuvenation Program: A Major Step Forward in the Fight to Save the Ganga River. Read More »

business, technology, city

Legality and Implications of Citizenship (Amendment) Act, 2019

Abstract The Citizenship Amendment Act of 2019 has emerged as a pivotal legislative development in India’s contemporary socio-political landscape. This research paper undertakes a comprehensive examination of the multifaceted aspects surrounding this contentious law. The Citizenship Amendment Act (CAA) was enacted to amend India’s citizenship provisions and has ignited intense debates and protests since its …

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Neuroscience, Freewill, and The Criminal Justice System: An In-depth Analysis.

Abstract This research paper delves into the intricate relationship between neuroscience, the concept of free will, and their profound implications for the criminal justice system. Free will is the idea that humans can think and act independently [1]. The scientific studies have given us new evidence into the nature and workings of human behaviour, revealing …

Neuroscience, Freewill, and The Criminal Justice System: An In-depth Analysis. Read More »

bankrupt, insolvent, bankruptcy

An Analysis on Insolvency and Bankruptcy Code, 2016

By Rashmi Pathak- Government Law College, Mumbai Different Insolvency laws prevailed in India for different types of entities but failed to bring the desired consequences or result. For example, Sick Industrial Companies Act, 1985, the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the Recovery of Debt Due to Banks …

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judge, hammer, judgement

Legal Marketing in India: Navigating the Boundaries of Lawyer Advertising

Abstract In today’s digital era, legal practitioners in India are increasingly leveraging websites to connect with potential clients and disseminate legal insights. However, this practice encounters strict guidelines imposed by the Bar Council of India (BCI), presenting a distinctive challenge. When visiting legal websites, users commonly encounter a disclaimer at the outset, serving the crucial …

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home office, workstation, office

TATA Sons Pvt. Ltd. (Formerly TATA Sons Ltd) v. Siva Industries and Holdings Ltd & Ors (2023)

Name of the Parties: Facts of the Case: Siva Industries had acquired shares of TATA Sons between years 1961 to 2001. In 2017, TATA Sons underwent a scheme of arrangement to convert from a public limited company to a private limited company. Siva Industries challenged this conversion. TATA Sons Pvt. Ltd. (hereinafter referred to as …

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hammer, court, dollar

The Real Truth Behind Domestic Violence

Abstract          Violence cannot be stopped by violence. It has to be         stopped by wisdom. Only wisdom can stop violence.                                               ~GURUDEV SRI SRI SHANKAR[1] This research paper deals with the very known topic i.e. Domestic Violence. Domestic Violence means the aggressive behaviour of one partner over the other in intimidate relationship. Mostly women …

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human rights, human, rights

EXAMINING THE ROLE OF INTERNATIONAL ORGANISATIONS IN SAFEGUARDING HUMAN RIGHTS IN CONFLICT ZONES

Abstract Human rights are such crucial aspects of a society that need to be handled delicately. The shielding of human rights is the need of the hour. These are the basic rights which everyone needed to live a harmonious life. There is a recent trend of increasing human rights violations and international organisations such as …

EXAMINING THE ROLE OF INTERNATIONAL ORGANISATIONS IN SAFEGUARDING HUMAN RIGHTS IN CONFLICT ZONES Read More »

NEW FRONTIERS OF FASHION LAWS AND AN IN-DEPTH ANALYSIS ON IT’S IMPACT ON DIFFERENT SECTIONS OF SOCIETY

“ Fashion is the armor to survive the reality of everyday life” ABSTRACT: The field of law known as “fashion law” examines a wide range of topics pertinent to the fashion industry, such as financial and commercial matters, intellectual property law, international trade, employment law, and company law. This research paper intends to present an …

NEW FRONTIERS OF FASHION LAWS AND AN IN-DEPTH ANALYSIS ON IT’S IMPACT ON DIFFERENT SECTIONS OF SOCIETY Read More »

judge, hammer, auction hammer

Case Comment: Budhadev Karmaskar v. State of West Bengal and Ors.

Citation: 2022 SCC OnLine SC 704 Appellant: Budhadev Karmaskar Respondent: State of West Bengal Bench: Justices L. Nageswara Rao, B.R Gavai and A.S Bopanna Introduction In India sex work is considered to be a despicable profession and it is stigmatized by society. Despite the fact that every individual in India has right to life and …

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GENDER BIASED LAWS IN THE FEMINIST INDIA

HANDBOOK ON COMBATING GENDER STEREOTYPES:IT’S RELEVANCE AND IMPORTANCE

AbstractThis study delves into the Supreme Court’s handbook aimed at dismantling gender stereotypes in the legal field. It highlights the handbook’s role in promoting gender parity, inclusiveness, and challenging entrenched biases in society. The handbook addresses the attribution of “inherent characteristics” to women and how presumptions about a woman’s character, based on factors like clothing …

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justice, right, legal

SATENDER KUMAR ANTIL VS CENTRAL BUREAU OF INVESTIGATION

CITATION – Civil Appeal No. 7598 of 2021 DATE OF JUDGMENT- 11-07-2022 PETITONER- Satendra KumarAntil RESPONDENT- CBI BENCH– Justice Sanjay kishankauland Justice M.M Sundresh INTRODUCTION In accordance with Section 173 of the Code of Criminal Procedure, a probe is finished when the investigative agency presents its final conclusions to the court once the police report …

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right, advocacy, lex

Shruti Vohra vs. Securities and Exchange Board of India

DATE OF THE CASE: 12 February, 2020 APPELLANT: Shruti Vora RESPONDENTS: Securities and Exchange Board of India (SEBI) BENCH/JUDGES: Justice M.T. Joshi, Dr. C.K.G Nair, Justice Tarun Agarwala LEGAL PROVISIONS: SEBI Act, 1992, SEBI (PIT) Regulation, 2015.  APPEAL NO: 28 of 2020. FACTS OF THE CASE: ISSUES RAISED CONTENTIONS ASSERTION OF THE ADJUDICATING OFFICER ASSERTION …

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Protection of Minority Shareholders in India’s Corporate Law Regime

Abstract This study examines the corporate law system in India’s legislative framework for protecting shareholders who are in minority. Minority shareholders are an essential part of the business ecosystem and help to maintain the fairness and integrity of the market. The protection of minority stockholders’ rights is crucial in India because the business landscape is …

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lady justice, case-law, right

Satbir Singh & Ors. v. State of Haryana (2021 SCC Online SC 404)

Court: Hon’ble Supreme Court of India Date of the Case: May 28, 2021 Appeal Nos.: 17351736 of 2010 Appellant: Satbir Singh and Another Respondent: State of Haryana Bench/ Judge: N.V. Ramana (CJI), Aniruddha Bose, Surya Kant Facts of the Cases Issues Raised Contention on behalf of Appellant The appellant’s learned senior attorney argued that the …

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GENDER BIASED LAWS IN THE FEMINIST INDIA

A COMPARATIVE STUDY OF ABORTION LAWS AND THEIR SOCIETAL IMPACT

Abstract: This research paper examines the nuances of abortion legislation in many nations, looking at their development, variances, and consequences for society. We assess the effects of legislative frameworks on maternal health, gender equality, reproductive rights, and public opinion by looking at things like access limitations and gestational caps. This study aims to offer insights …

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Demystifying Quia Timet Action and its Impact on Intellectual Property Rights

ABSTRACT Intellectual property(IP) is the original creation of the human intellect. It includes a variety of creative products, such as designs, logos, musical compositions, artistic works, etc. There are primarily four types of intellectual property: copyright, trademark, patent and trade secret. The person who creates any intellectual property gets an exclusive right to use and …

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