Publications

hacker, cyber crime, internet

Sri Lankan and Indian Legal Framework of Cyber-Crime

Abstract “I am afraid that one-day technology will surpass our human interactions, and then the world will be left with only a generation of idiots.”-Albert Einstein- Humans have addicted to use internet unlimitedly with the new technology. High speed internet, technology and smart devices are the positive aspects of the world today. But its negative …

Sri Lankan and Indian Legal Framework of Cyber-Crime Read More »

lgbt, lesbian, gay

IS SAME SEX MARRIAGE – RIGHT OR WRONG? MORALLY AND AS PER THE VARIOUS PROVISIONS OF HINDU MARRIAGES ACT AND OTHER MARRIAGES ACTS OF VARIOUS RELIGIONS.

ABSTRACT Whenever a wrong is committed in a society, we tend to refer to the laws of that particular society to see whether the wrong is punishable or not under the law. But does every wrong come into the ambit of ‘Punishable’? Is restraining someone from marrying according to his needs and desires right? If …

IS SAME SEX MARRIAGE – RIGHT OR WRONG? MORALLY AND AS PER THE VARIOUS PROVISIONS OF HINDU MARRIAGES ACT AND OTHER MARRIAGES ACTS OF VARIOUS RELIGIONS. Read More »

arm wrestling, bet, monochrome

SHAYARA BANO V. UNION OF INDIA AND OTHERS, (2017) 9 SCC 1

INTRODUCTION Shayara Bano v. Union of India and Others is a landmark case dealing with the constitutional validity of “Triple Talaq” of “Talaq-e-Biddat” under Muslim Personal Law in India. “As the name suggests in this form of divorce, a Muslim man can instantly divorce his wife after repeating the word ‘talaq’ in one sitting, without …

SHAYARA BANO V. UNION OF INDIA AND OTHERS, (2017) 9 SCC 1 Read More »

mother, son, bubbles

RIGHT TO CHOOSE MOTHERHOOD: AN OVERVIEW OF INDIAN WOMEN

ABSTRACT: “No woman can call herself free until she can choose consciously whether she will or will not be a mother.”                                             – Margaret Sanger, Founder of Planned Parenthood Each year millions of women have unwanted pregnancies. These pregnancies have an immense impact on a woman depending on factors such as her health, relationships, financial capacity …

RIGHT TO CHOOSE MOTHERHOOD: AN OVERVIEW OF INDIAN WOMEN Read More »

wedding, couple, portrait

LEGISLATIVE INTERFERENCE IN THE RIGHT TO MARRIAGE AND RELIGION

ABSTRACT: “The freedom to convert is fundamental to freedom to religion.” – Bob Inglis The Article 16 of the United Nations Declaration on Human Rights[1], “Every man and woman is free to marry whomever they wish, regardless of race, religion, language, nationality, economic status, etc., as long as there is full and free consent and …

LEGISLATIVE INTERFERENCE IN THE RIGHT TO MARRIAGE AND RELIGION Read More »

couple, man love, homosexual

CASE COMMENT ON

NAVTEJ SINGH JOHAR v, UNION OF INDIA (2018) 10 SCC 1 Abstract Navtej Singh Johar is one of the most recent and landmark judgments of the Supreme Court of India in which the Hon’ble Supreme Court had used the concept of transformative constitutionalism in its rationale. The Hon’ble Court has elucidated and has applied notions …

CASE COMMENT ON Read More »

poland, politics, protest

THE CONSTITUTION (SCHEDULED CASTES) ORDER (AMENDMENT) BILL, 2021

INTRODUCTION Mr. Arjun Munda, the Minister for Tribal Affairs, introduced the Constitution (Scheduled Tribes) Order (Amendment) Bill, 2021, in the Rajya Sabha on August 2, 2021. The Constitution (Scheduled Tribes) Order, 1950 is amended by the Bill. The President has the authority under the Constitution to designate Scheduled Tribes (STs) in various states and union …

THE CONSTITUTION (SCHEDULED CASTES) ORDER (AMENDMENT) BILL, 2021 Read More »

skyscraper, glass facade, offices

incorporation Of companies

ABSTRACT Incorporation is a legal process in order to form a company or a corporate entity. In other words, incorporation means the registration of the Company in Registrar of Company (Known as ROC). The corporation is a legal entity that separates the income and firm’s assets from its investors and owners. The Companies Act, 1956, …

incorporation Of companies Read More »

karate, sunset, fight

RIGHT TO PRIVATE DEFENSE

ABSTRACT The Right of Private defence can be traced to natural law. It is a natural human instinct to protect oneself from any danger or harm being unlawfully caused to him. Law does not stand in the way of the natural right of self-defence of human beings. This right has been recognized in all free, …

RIGHT TO PRIVATE DEFENSE Read More »

5th amendment

ABSTRACT The Fifth Amendment of the Constitution of India, known as The Constitution 5th Amendment Act, 1955.The 5th Amendment re-enacted the proviso to Article 3 of the Constitution. this act empowered the President to prescribe a time limit for a State Legislature to deliver its views and opinion on the proposed Central laws relating to the formation of new …

5th amendment Read More »

1st IMS INTERNATIONAL ONLINE DEBATE COMPETITION (Cash Prizes worth INR 25k/USD 330+), BY IMS LAW COLLEGE, NOIDA (20th Aug – 4th Sep 2021)

About the Organizers  IMS Noida, established in 1998, is a premier institute known for its academic excellence and value-based education. It serves to both fresh graduates seeking world-class education and also to those who are already employed and want to enhance their managerial skills. IMS also has collaborations with several Universities overseas and seeks to …

1st IMS INTERNATIONAL ONLINE DEBATE COMPETITION (Cash Prizes worth INR 25k/USD 330+), BY IMS LAW COLLEGE, NOIDA (20th Aug – 4th Sep 2021) Read More »

handshake, regard, cooperate

Education, Employment and Empowerment of the Rescued Women of Trafficking

ABSTRACT Whoever, with the end goal of misuse, initiates, transports, harbours, moves, or gets, an individual or people, by utilizing dangers, or utilizing power, or some other type of intimidation, or by snatching, or by rehearsing extortion, or trickery, or by maltreatment of force, or by actuation, including the giving or getting of instalments or …

Education, Employment and Empowerment of the Rescued Women of Trafficking Read More »

gavel, auction, hammer

Social Control Theory

Abstract: Travis Hirschi brought the Social Bond Theory, all the more hence known as the Social Control Theory, to criminal science in 1969. (Pratt, Gau and Franklin, 2011). Hirschi dismissed more seasoned speculations like the Strain Theory and the Differential Association Theory, the two of which held that criminal conduct might be learned or created …

Social Control Theory Read More »

hammer, horizontal, court

Forensic Psychology And Law in India

Abstract In a developing country such as India, forensic psychology has a lengthy history. It has been acknowledged for three decades as an applied discipline of psychology for crime detection, intervention, and rehabilitation of crime victims. Over the last three decades, technological improvements have transformed the criminal’s perspective, necessitating sophistication and innovation in technology creation for crime …

Forensic Psychology And Law in India Read More »

judge, hammer, auction hammer

HARASSMENT AND BULLYING ON SOCIAL MEDIA AND ROLE OF CYBERCRIME DEPARTMENT IN INDIA

ABSTRACT “There are cyber threats out there, this is a dangerous world, and we have to be safe, we have to be secure no matter the cost.”Cyberbullying and Online harassment is becoming a common crime in India. It has risen significantly in India over the last decade. It directly affects the mental health of the …

HARASSMENT AND BULLYING ON SOCIAL MEDIA AND ROLE OF CYBERCRIME DEPARTMENT IN INDIA Read More »

hammer, horizontal, court

Reading Non-verbal cues- Essential Skill of Courtroom Proceedings

Abstract This research explores the implications of incorrect assumptions and inaccurate assumptions about nonverbal behaviour in courtrooms. We explore how to differentiate factual assumptions from scientific knowledge regarding nonverbal communication, include a summary of core principles in nonverbal communication research (i.e., expressions, facial movements, and eye gaze), describe the impact of culture when understanding nonverbal …

Reading Non-verbal cues- Essential Skill of Courtroom Proceedings Read More »

covid, corona, coronavirus

“A FAST CURE FOR EVERY PANDEMIC”: IS DEPENDING ON THE CRIMINAL JUSTICE SYSTEM THE BEST FIX

ABSTRACT “Criminal justice is the administration of punishment to people who have committed a crime.” The criminal justice system is a series of federal agencies and organizations. The aims of the criminal justice system include judicial punishment, the reduction of potential offences and the delivery of psychological assistance to offenders. Police, judges, and defense attorneys, …

“A FAST CURE FOR EVERY PANDEMIC”: IS DEPENDING ON THE CRIMINAL JUSTICE SYSTEM THE BEST FIX Read More »

gavel, auction, hammer

Judicial Decisions and Precedents as A Modern Approach of Law: An Analysis

Abstract We derive what we refer to as law from a variety of sources whether it be legislations, customs or precedents. Because of increased globalization, international treaties and agreements are now also being used to make legislation. Despite these new innovations in lawmaking, one cannot forget the significance of judicial decisions in this process. As …

Judicial Decisions and Precedents as A Modern Approach of Law: An Analysis Read More »

isolated, auction, court

Intellectual Property Right Waiver on Covid Interventions: – A Substantive Step to Facilitate Global Vaccine Equity

Abstract On 31st January 2020 the World Health Organization declared the outbreak of a new coronavirus disease, COVID-19, to be a Public Health Emergency of International Concern and In March 2020, WHO made the assessment that COVID-19, can be characterized as a pandemic. Various international organizations and governments are taking required actions to prevent the …

Intellectual Property Right Waiver on Covid Interventions: – A Substantive Step to Facilitate Global Vaccine Equity Read More »

judge, hammer, auction hammer

Has the Limited Liability Partnership model provided an effective alternative model to Partnership?

ABSTRACT The authors have attempted to discuss a perpetually existing issue of company law. This title of the research paper encapsulates its essence. The commencement of the Limited Liability Partnership Act in 2008 led to a new phase in the Indian corporate sector. As the Limited Liability Partnership (hereinafter ‘LLP’) model gained popularity, many compared …

Has the Limited Liability Partnership model provided an effective alternative model to Partnership? Read More »

hammer, horizontal, court

M.KARUNANIDHI V. UNION OF INDIA

(AIR 898 SC 1979)DOCTRINE OF REPUGNANCY CASE ABSTRACT The present writ petition has been filed to seek necessary guidelines and notification from court and judiciary system on doctrine of repugnancy; which deals when there is any conflict between the laws of Centre and State. According to black law dictionary repugnancy is thre condition when there …

M.KARUNANIDHI V. UNION OF INDIA Read More »

hands, phone, smartphone

HISTORY OF FORCED CONVERSION

INTRODUCTION: Forced conversion is an attempt to change a person’s religion forcefully or through coercion. Our country India needs to make some strict laws to stop these types of malpractices. It’s much important to improve the religious safety of the people as they are the foremost pillars of the nation. As it is happening all …

HISTORY OF FORCED CONVERSION Read More »

lady justice, legal, law

CONTEMPT OF COURT ACT, 1971

w.e.f. from 24th December, 1971 Introduction: The presiding Judge or judicial officer in a Courtroom is called “His/Her Lordship” or “Your Honour”. If any of us have wondered why advocates address them so, they do not mean to please the judge so as to obtain a ruling in their favour. The judge and the advocate …

CONTEMPT OF COURT ACT, 1971 Read More »

judge, hammer, auction hammer

BAXI AMRIK SINGH V. UNION OF INDIA, (1972) 75 PLR. 1

DECIDED ON: OCTOBER 10, 1972.BENCH: Justice Gurdev Singh, Justice D.K Mahajan, Justice P.C Pandit, Justice H.R Soni, Justice Bal Raj Tuli. INTRODUCTION: In law of torts, the concept of vicarious liability is quintessential in the ascertainment of tortious liability. Here, liability is imposed because of a special relationship. The term ‘Vicarious Liability’ has been derived …

BAXI AMRIK SINGH V. UNION OF INDIA, (1972) 75 PLR. 1 Read More »

family, children, father

CHILD CUSTODY LAWS IN INDIA

INTRODUCTION The literal meaning of the term custody is, protective care or guardianship of someone. The broad question here dealt with is when a married couple having a child decides to dissolve the marriage due to whatever reason, through divorce proceedings or judicial separation, with whom the child will reside. While giving custodial rights the …

CHILD CUSTODY LAWS IN INDIA Read More »

hammer, books, law

The Place of Worship Act 1991

Brief History: India is a land of diversity. Its plurality is marked by vivid cultures, traditions and customs that are hallmarks of various religions. Since time immemorial, India has harbored different religions and their subsequent diversities, thus emerging as a beacon of tolerance, democracy and secularism. However, the religious boil took its toll during the …

The Place of Worship Act 1991 Read More »

lady justice, case-law, right

CRITICAL ANALYSIS ON JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015

What is the Act about? The Juvenile Justice Act is a branch of criminal law that applies to people who are too young to be held accountable for their actions. Since children are seen as the most valuable asset, there is a pressing need to address juvenile justice. The Juvenile Justice (Care and Protection of …

CRITICAL ANALYSIS ON JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 Read More »

yes, importance, clear

THE PROTECTION OF CHILD FROM SEXUAL OFFENCES ACT, 2021

ABSTRACT To effectively address heinous crimes such as sexual abuse and sexual child exploitation through less obscure and more stringent legal provisions. The Protection of Child from Sexual Offence (POCSO) Act, 2012 introduced by The Ministry of women and child development. Chapter 1 talks about preliminary, it also includes various definitions, chapter 2 talks about …

THE PROTECTION OF CHILD FROM SEXUAL OFFENCES ACT, 2021 Read More »

isolated, auction, court

Security Laws in India

INTRODUCTION At the end of day, the goals are simple: safety and security, well said………Jodi Rell. A secured country develops faster and ensures the safety of the people of the nation. This article basically deals with the Security laws which are enforced by the Parliament of India. The Armed Forces Special Powers Act, 1958 was …

Security Laws in India Read More »

hammer, horizontal, court

MEDICAL TERMINATION OF PREGNANCY (AMENDMENT) ACT, 2021: A COMPARITIVE STUDY

INTRODUCTION By the Medical Termination of Pregnancy Act (MTP), 1971, a woman is entitled to determine whether her pregnancy is to proceed or to cease. It is a liberal regulation that allows licensed physicians to stop pregnancy for social and sociomedical purposes and the mother’s potential hazards. Women were spared “inflicted conception” and “forced maternity.” …

MEDICAL TERMINATION OF PREGNANCY (AMENDMENT) ACT, 2021: A COMPARITIVE STUDY Read More »

people, knife, stabbing

A LEGAL APPROACH TO COMBAT THE GRAVE ADVERSITY OF HONOUR KILLING IN INDIA

Article 21 of the Constitution of India bestows upon every individual the right to live with dignity and the right to be treated with basic human decency. Even the ostracised sections of the society consisting of prisoners, terrorists, insolvent persons and alike whom the society may despise, possess the right to life. No member of …

A LEGAL APPROACH TO COMBAT THE GRAVE ADVERSITY OF HONOUR KILLING IN INDIA Read More »

hammer, books, law

Prakash Kadam & Etc. Etc vs Ramprasad Vishwanath Gupta & Anr

Prakash Kadam & Etc. Etc vs Ramprasad Vishwanath Gupta & Anr THE SUPREME COURT OF INDIA [DECIDED ON 13 May, 2011] CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.1174-1178_OF 2011 [Arising out of SLP((Criminal) Nos. 3865-69 of 2011] Bench: Markandey Katju, Gyan Sudha Misra CASE DESCRIPTION: In this case the supreme court held fake encounter as the …

Prakash Kadam & Etc. Etc vs Ramprasad Vishwanath Gupta & Anr Read More »

family, children, father

Child Custody

Introduction: Child custody is a very important issue. If a marriage ends up in the way of divorce, the most vital question is, who shall be getting the custody of the child? The parties in this case are mother and father. While rendering this decision, the law keeps in mind the welfare of the child …

Child Custody Read More »

social, media, social media

Media Trails in India

An article on how media trails having a great impact in the society and on the decision of judiciary in India. INTRODUCTION:- To comprehend the idea of media trails we must first consider what a media is. When we look into the actual meaning of media, it is observed that media is the plural form …

Media Trails in India Read More »

hammer, books, law

VIBHOR ANAND & Ors. V. VICE-CHANCELLOR,GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

INTERESTING ELEMENTS:- COURT : High Court of New Delhi JURISDICTION : Civil Original Jurisdiction CASE NO : W.P.(C) No.3163/2010 BENCH : RAJIV SAHAI ENDLAW, J. PETITIONER : Vibhor Anand & Ors. RESPONDENTS : Vice-Chancellor, Guru Gobind Indraprastha University & Ors DECIDED ON : 07th December 2010. INTRODUCTION:- The Bar Council of India is the legislative …

VIBHOR ANAND & Ors. V. VICE-CHANCELLOR,GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY Read More »

hammer, books, law

LAWS LIFTING SOVEREIGN IMMUNITY

INTRODUCTION:- Although all evidence is present against the State or one of its members in an especially disadvantageous situation, the Sovereign Immunity will save them all. Few nations give their government sovereign immunity, although others treat it differently. Per nation has a different sovereign immunity scheme. Let’s first understand the word sovereign immunity to understand …

LAWS LIFTING SOVEREIGN IMMUNITY Read More »

Case Comment

W. N. Allal Sundaram vs The Commissioner H.R. & C.E. Admn. Department & Ors Appellant – W. N. Allal Sundaram Respondent – The Commissioner H.R. & C.E. Admn. Department & Ors Bench – Dr Dhananjaya Y Chandrachud, J Facts • The applicant’s case is that trust in the Sri Swamiya Dhamodara Perumal Temple is not …

Case Comment Read More »