Publications

person, girl, stairs

Legality Of Marital Rape- A Loophole In The Indian Legal System

Abstract Keywords Marital Rape, Women’s rights, Matrimonial Consent, Criminal Offence, Section 375, Sexual Intercourse, Right to life. Rape, Harassment, Marriage, Equality, Crime, Article 14, Article 21 Introduction In India, various provisions are made to safeguard women’s rights. Still, a large number of cases of domestic violence have been registered. In a recent report by National …

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lgbt, lesbian, gay

An Analysis of the Transgender Persons (Protection of Rights) Act, 2019

Introduction People who do not feel that the gender assigned to them at birth matches their gender identity refer to themselves as transgender.[1] Various terms are used to describe a transgender person, such as trans or trans male or trans female. Transgender people use various methods to express their gender identities, such as dressing or …

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justice, right, legal

Role of Intellectual Property Rights in Protecting Traditional Knowledge and folklore infringement to bio-privacy

CONTENT  Abstract Keywords Introduction Research Methodology Creativity Human creativity and Intellectual Property Types and characteristics Intellectual Property System Securing Intellectual Property Rights over TK Protection measures Legal options TK and IP Relationship Role of WIPO suggestions Conclusion ABSTRACT Specialized areas of law and policy-making the subject of intellectual property has come to the forefront of …

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business, technology, city

 Effectiveness of Remedies for Copyright Infringement in Global Perspective.

ABSTRACT The motive behind granting copyright protection is to safeguard the creation of someone’s skill, labor, and capital. Protection basically promotes creativity. It encourages the creators to come up with new ideas and their expressions. Copyright assures them that no other person will use their work without their permission or authorization. Still, if someone tries …

 Effectiveness of Remedies for Copyright Infringement in Global Perspective. Read More »

libra, justice, law

JACOB PULIYEL VS UNION OF INDIA

SUPREME COURT CASE: 2 May, 2022 PETITIONER: Jacob Puliyel RESPONDENT: Union of India and others BENCH: L. Nageswara Rao, B.R. Gavai FACTS OF THE CASE: A public interest litigation petition was presented by Jacob Puliyel, a former National Advisory Technical Group member. He sought disclosure of clinical trial data on vaccines and declared mandatory vaccination …

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right, advocacy, lex

State by Narcotics Control Bureau Bengaluru v. Pallulabid Ahamad Arimutta

Date of the Case: 10th January 2022 Petitioner: State by Narcotics Control Bureau Bengaluru Respondent: Pallulabid Ahamad Arimutta Bench/ Judges: Hon’ble Justice Surya Kant, Hon’ble Ms. Kohli Order: Hon’ble Justice Ms. Kohli Legal Provisions: Narcotics Drugs and Psychotropic Substance Act, 1985 Facts of the Case: On 22nd March 2019, NCB (petitioner) received information regarding drug …

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thermometer, medications, tablets

PHARMACUETICAL PATENTING IN INDIA: PROBLEM OF PUBLIC ACCESS TO HEALTH.

ABSTRACT Intellectual Property Rights are fostering a rising number of revered nowadays. Knowing that their development, idea, or revelation is covered gives creators piece of psyche. One of the most extreme standard size legitimate rules withinside the worldwide is patent regulation. Patent hindrances make it hard to gain drug, that is essential for everybody. In …

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justice, law, court

From Customs to Criminal Procedure Code – The Great Grandeur Evolution

Abstract The Code of Criminal Procedure which is abbreviated as CrPC in common parlance is nationally applicable legislation governing the procedure regarding the administration of criminal law in the country. The act was formulated in 1973 and came into effect in the subsequent year. This research paper particularly deals with the evolutionary background of the …

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right, advocacy, lex

 Common Cause ‘A’ Registered Society, etc Vs. Union of India (UOI) and OR’s., Etc. Writ Petition (CIVIL) No.215 of 2005

Petitioner: Common Cause ‘A’ Registered Society, etc Respondent: Union of India (UOI) and OR’s. Court: The Supreme Court of India Bench: Justice Dipak Mishra and Justice A.M Khanwilkar Decided on: 9 March 2018 Case No: Writ Petition (Civil) No. 215 of 2005 Equivalent Citations: 2014 AIR SC 1556 and 2014 SCC 5 338 FACTS OF …

 Common Cause ‘A’ Registered Society, etc Vs. Union of India (UOI) and OR’s., Etc. Writ Petition (CIVIL) No.215 of 2005 Read More »

burglar, burglary, surveillance camera

Union Of India V. K.A. Najeeb

(Criminal appeal No.98 of 2021) (2021) 3 SCC 713 Facts: A Professor TJ Joseph of the Newman College, Thodupuzha while framing a Malayalam question paper for B.Com 2nd semester , had included an objectionable question against a particular religion of certain society. The respondent along with the members of Popular Front of India decided to …

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outdoor, bihar, ganges

THE ESSENTIAL RELIGIOUS PRACTICE AND ITS DEVELOPMENT

Abstract India is a country where there are a lot of diversities on the grounds of language, race, religion, caste, etc. There are several religions prevalent in India. Due to this reason, State has rightly introduced the concepts of Secularism which means religious tolerance and equal treatment to all religions[1]. Secularism is not an anti-religious doctrine …

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people, business, meeting

REVERSE PIERCING OF CORPORATE VEIL: HOW DOES IT SUPPORT THE PRESENT INSOLVENCY

ABSTRACT Corporate establishments were accorded an autonomous legal status to help achieve the underlying goals of justice. With the passage of time, in order to circumvent the responsibility, Benami transactions, frauds and money transfers into the company’s account became extremely prevalent. The need to address such malpractices among shareholders and safeguard the hard-earned money of …

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burglar, burglary, surveillance camera

From Customs to Criminal Procedure Code – The Great Grandeur Evolution

Abstract The Code of Criminal Procedure which is abbreviated as CrPC in common parlance is nationally applicable legislation governing the procedure regarding the administration of criminal law in the country. The act was formulated in 1973 and came into effect in the subsequent year. This research paper particularly deals with the evolutionary background of the …

From Customs to Criminal Procedure Code – The Great Grandeur Evolution Read More »

thermometer, medications, tablets

PHARMACUETICAL PATENTING IN INDIA: PROBLEM OF PUBLIC ACCESS TO HEALTH

ABSTRACT Intellectual Property Rights are fostering a rising number of revered nowadays. Knowing that their development, idea, or revelation is covered gives creators piece of psyche. One of the most extreme standard size legitimate rules withinside the worldwide is patent regulation. Patent hindrances make it hard to gain drug, that is essential for everybody. In …

PHARMACUETICAL PATENTING IN INDIA: PROBLEM OF PUBLIC ACCESS TO HEALTH Read More »

outdoor, bihar, ganges

Pre-requisites and effects of adoption under The Hindu Adoptions and Maintenance Act,1956

Abstract Adoption is a legal process that creates a parent child relation between persons not related by blood. An adopted child is entitled to all privileges as similar to natural-born child. Adoptive child also has right to inherit. It is usually referred to as the legal process of becoming non-biological parent. Adoption is the act …

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justice, right, legal

Common Cause ‘A’ Registered Society, etc Vs. Union of India (UOI) and OR’s., Etc. Writ Petition (CIVIL) No.215 of 2005

Petitioner: Common Cause ‘A’ Registered Society, etc Respondent: Union of India (UOI) and OR’s. Court: The Supreme Court of India Bench: Justice Dipak Mishra and Justice A.M Khanwilkar Decided on: 9 March 2018 Case No: Writ Petition (Civil) No. 215 of 2005 Equivalent Citations: 2014 AIR SC 1556 and 2014 SCC 5 338 FACTS OF …

Common Cause ‘A’ Registered Society, etc Vs. Union of India (UOI) and OR’s., Etc. Writ Petition (CIVIL) No.215 of 2005 Read More »

judge, hammer, auction hammer

The significance of Fitness to Stand Trial in Criminal Justice

Abstract Through the pages of this research article, I have attempted to introduce, discuss and summarise the legal construct of fitness to stand trial in criminal justice and its diverse aspects by creating a comparative study of some of the leading democracies in the world. The issue of the defendant’s mental health and its role …

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book, asia, children

Idea of Secularism in Democracies especially in India and in Peacebuilding

ABSTRACT  Secularism is widely discussed and hotly debated topic modern democratic states. The religious basis of secularism, makes it a contested topic. Albeit, secularism is a very crucial aspect of a democratic state but, a democratic state may or may not be a secular state in its true sense. Also, a state can be a …

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people, business, meeting

CASE: Siddaraju v. State of Karnataka & Ors.

INTRODUCTION Dr. Siddaraju, a non-KAS cadre officer with a handicap, filed the petition. According to U.O. Note dated 02.04.2014, the Department of Personnel & Administrative Reforms of the Government of Karnataka announced six positions for promotion to the IAS, Karnataka Cadre for non-KAS officers without allocating three percent of the positions to people with disabilities …

CASE: Siddaraju v. State of Karnataka & Ors. Read More »

judge, hammer, auction hammer

Critical Analysis on Right to a fair trial under Indian Laws.

Table of Contents • Introduction• Concept of a fair trial• Adversary system• Trials• Presumption of Innocence• Independent, Impartial and Competent Judges• The doctrine of “Autrefois Convict” and “Autrefois Acquit”• arrest and pre-trial detention –role of judge/magistrate• Venue of Trial• Right of the Accused to Know the Accusation▪ Accused Person to be tried in his Presence▪ …

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girl, teenager, human

CAPITAL PUNISHMENT IN INDIA, CONSTITUTIONAL VALIDITY OF CAPITAL PUNISHMENT

Abstract Despite India’s size and rapid development, crimes and other wrongdoing remain on the rise. Even though there are a lot of laws in India aimed at reducing and controlling crime, the number of crimes is still rising. Since the penalties are not severe enough for the offense, the offender has no fear of any …

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ASSISTED REPRODUCTIVE TECHNOLOGY AND THE LAW: A STUDY WITH SPECIAL REFERENCE TO LEGAL REGULATION OF SURROGACY

ABSTRACT 1 KEYWORDS 1 INTRODUCTION 2 CONCLUSION   ABSTRACT: The child born through assisted reproductive technology shall be deemed to be a biological child of the commissioning couple and the said child shall be entitled to all the rights and privileges available to a neutral child only from the commissioning couple under any law for …

ASSISTED REPRODUCTIVE TECHNOLOGY AND THE LAW: A STUDY WITH SPECIAL REFERENCE TO LEGAL REGULATION OF SURROGACY Read More »

shaking hands, handshake, hands

CASE: L. RAGHUMANI V. DISTRICT MAGISTRATE IMPHAL WEST DISTRICT MANIPUR.[1]

DATE OF THE CASE: 20 July, 2021  APPELLANT: L. Raghumani Singh  RESPONDENT: District Magistrate, Imphal West District, Manipur and Ans.   BENCH/JUDGES: Justice D.Y. Chandrachud Justice M.R. Shah  LEGAL PROVISIONS: The Constitution of India, 1949 (Article 21), The National Security Act, 1980  FACTS: Leichombam, a Manipuri activist was apprehended by the police on May 13, 2021 …

CASE: L. RAGHUMANI V. DISTRICT MAGISTRATE IMPHAL WEST DISTRICT MANIPUR.[1] Read More »

justice, law, symbol

Section 29A (h) of IBC, 2016: A Judicial Approach & Elucidation

Introduction: It is to be mentioned with greater pre-eminence that Section-29A of Insolvency & Bankruptcy Code, 2016 (Code) with its profound contentious nature has witnessed a purposive interpretation of its clause – (h). The Supreme Court (SC) of India in the recent dispute of Bank of Baroda & Anr v. MBL Infrastructures Limited & Ors.[i] …

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girl, teenager, human

Overview of Women Rights in the Workplace in India

CONTENT ABSTRACT KEYWORDS INTRODUCTION OBJECTIVE RESEARCH METHODOLOGY ANCIENT, MEDIEVAL AND MODERN PERIOD LAWS FOR WOMEN IN WORKPLACE IN INDIA Rights Under the Constitution of India The Mines Act, 1952 The Maternity Benefit Act, 1961 The Equal Remuneration Act, 1976 The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 IMPORTANT CASES Vishaka …

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justice, statue, lady justice

Critical Analysis On Right To A Fair Trial Under Indian Law

Abstract“Lex uno ore omnes alloquitur” which means that everyone is equal before the eyes of the law which is an important principle which forms the basis of judicial proceedings across the world. The law treats everyone equally and this principle is enshrined in various provisions of the Indian Constitution. Article 14 of the Indian Constitution …

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business, technology, city

ASSISTED REPRODUCTIVE TECHNOLOGY AND THE LAW: A STUDY WITH SPECIAL REFERENCE TO LEGAL REGULATION OF SURROGACY

ABSTRACT 1 KEYWORDS 1 INTRODUCTION 2 CONCLUSION   ABSTRACT: The child born through assisted reproductive technology shall be deemed to be a biological child of the commissioning couple and the said child shall be entitled to all the rights and privileges available to a neutral child only from the commissioning couple under any law for …

ASSISTED REPRODUCTIVE TECHNOLOGY AND THE LAW: A STUDY WITH SPECIAL REFERENCE TO LEGAL REGULATION OF SURROGACY Read More »

DECRIMINALISATION OF SUICIDE IN INDIA:  NEED OF THE HOUR

ABSTRACT “Do not punish the helpless, help the helpless”[1]as stated by Shri Justice Jahagirdar in his article titled “Attempt at Suicide-Crime or Cry” pricks on our consciousness to deal with suicide. It is evident that penalization of suicide is an anachronism in the society like ours. However, some proponents in favor of criminalization continue to …

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right, advocacy, lex

IN THE SUPREME COURT OF INDIA GUMAN SINGH Vs STATE OF GUJRAT (2021)

SCC ONLINE SC 660 (Criminal Appeal No.940-941 0f 2021) Facts- Gumansingh solemnized marriage with Tahera (deceased) on the date 27/04/1997, after that deceased was residing with GumanSingh and his family which includes his mother as well. Guman Singh was continuously asking his deceased wife about 25000/-rupees to bring from her father. GumanSingh wants to do …

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student, typing, keyboard

Re Exploitation of children in orphanages in State of Tamil Nadu v/s Union of India

CASE NO – Writ Petition (criminal) no – 102 of 2007 COURT – Supreme Court of India CORUM – Hon’ble Justice Madan B. Lokur and Hon’ble Justice Deepak Gupta. DATE OF JUDGEMENT – May 5, 2017. INTRODUCTION – Annually, scandals at orphanages in India have disclosed how orphan’s institutions are run. The workers at these …

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THALER V. COMMISSIONER OF PATENTS (2021)

1. Facts                                                                                                                                    1-2 2. Issues raised                                                                                                                        2 3. Contention                                                                                                                          2-3              4. Rationale                                                                                                                             3-4 5. Defects of law                                                                                                                     4-5 6. Inference                                                                                                                             5 Review of — Stephen L. Thaler [2021] APO 5 Date of judgement – 30 July 2021 Judgement of – BEACH J FACTS BETWEEN :  STEPHEN THALER …

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children of uganda, uganda, village

THE IDEA OF JUSTICE BY JOHN RAWLS AND HOW THE INDIAN CONSTITUTION INHERITS IT

–Utsav Aggarwal, 1st year, Symbiosis Law School, NOIDA Justice means that the individuals’ legitimate expectations under the law must be met, and they must be assured of the benefits provided by the laws and other rights. Individual rights and the common good are attempted to be reconciled through justice. It emphasizes the idea of equality. …

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judge, hammer, judgement

PRE-NUPTIAL AGREEMENTS IN INDIA: AN ANALYSIS OF LAW AND SOCIETY

ABSTRACT Prenuptial agreements are increasingly commonly utilized around the globe as practical mechanisms for defining the rights of spouses throughout the duration of the marital relationship and also in case of its dissolution. However, the Indian government has shown reluctance to provide legal standing to such documents. Particularly unclear is the Indian attitude toward premarital agreements.  In …

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gavel, auction, hammer

 INNOVATION AND INTELLECTUAL PROPERTY RIGHTS : AN OVERVIEW OF THE INDIAN LAW

                                  “The value of an idea lies in the using of it”                             -Thomas Edison (Inventor) Abstract Intellectual Property Rights is usually considered as innovative ideas, creations which can be protected by an individual, by the overarching virtue of right to property provided under the constitution. The Parliament has come up with many rules and …

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book, asia, children

Disha act overview

Abstract Keywords                                                                                                Introduction                                                                                            Objective                                                                                                 Methodology Literature review                                                                                    Important provisions of the act Critical analysis of the act Conclusion Abstract The Andhra Pradesh Assembly enacted the Disha Bill, 2019, after being shaken by a horrendous and violent rape on the outskirts of Hyderabad that shook the entire country and made legislators recognise the necessity for severe …

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right, advocacy, lex

CAPITAL PUNISHMENT: PROS AND CONS

Abstract                                                                                                                  1 Keywords                                                                                                               1 Introduction                                                                                                           1& 2 Pros and cons of capital punishment                                                                      2 Capital punishment in U.S.A.                                                                                3 Capital punishment in England                                                                              3 Capital punishment in Germany                                                                             3 Capital punishment in Australia                                                                             4 Capital punishment in Bulgaria                                                                              4 Capital punishment in India                                                                                    4&5 Research methodology                                                                                            5 Review of literature                                                                                                5&6 Suggestion                                                                                                              6&7 Conclusion                                                                                                              8 …

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right, law, attorney

OVERVIEW ON THE CONCEPT OF PLEA BARGAINING UNDER THE INDIAN LEGAL SYSTEM

Abstract                                                                                                                                1 Keywords                                                                                                                             2 Introduction                                                                                                                          2 Section 265 A – Section 265 L, Crpc                                                                                3-5 Types of Plea Bargaining                                                                                                     6 Salient features of Plea Bargaining                                                                                      7 Pros and Cons of Plea Bargaining                                                                                      7-8 Indian Judiciary and Plea Bargaining                                                                                  9 Indian and American model of Plea Bargaining                                                                 9 Research Methodology                                                                                                       10 Review of Literature                                                                                                           10 Suggestions                                                                                                                         …

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day of the dead, costume, makeup

Black Marketing of animal body parts and poaching of tigers in asia, laws made to end this vicious circle

ABSTRACT Asia is known for its wildlife and wild animals roaming the forest. Today, animals are hunted and poached for personal gain to the extent that wild species are extinct. People  all over the world are interested in buying animal body parts because they believe that dead animals  give them a position in society and …

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justice, law, court

Veerendra v. State of Madhya Pradesh

Citation: 2022 (SC) 480 Year: 2022 Appellant:  Veerendra V. Respondent: The State of Madhya Pradesh Bench: Justice A.M. Khanwilkar, Justice Dinesh Maheswari, and Justice C.T. Ravikumar INTRODUCTION A three-judge panel affirmed this decision. For crimes under Section 302, 376A, and 376(2)(i) of the Indian Penal Code (IPC), it was affirmed, but the death penalty was reduced to life imprisonment. …

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right, advocacy, lex

LAW RELATING TO CHILD LABOUR WITH  REFERENCE TO AUTOMOBILE INDUSTRY IN PUDUCHERRY

ABSTRACT:  The plight of children working in the automobile industry especially in the automobile repair workshops before the period of this research seemed to be an instigation to conduct an exclusive research on the subject.The research question is about law relating to child labour with particular reference to automobile industry in Puducherry.In that way of …

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