Publications

SUBHASH DESAI V. PRINCIPAL SECRETARY GOVERNOR OF MAHARASTRA & ORS. 2022

EQUIVALENT CITATIONS AIR SC 1501 DATE OF JUDGEMENT 11th MAY 2023 COURT Supreme Court of India CASE NO. WP(C) 493/2022 CASE TYPE Writ Petition PETITIONER Subhash Desai RESPONDENT Principal secretary governor of Maharastra BENCHJustice ce DY Chandrachud, Justice MR Shah  Justice Heema Kolhi,  Justice P Narasimah LEGAL PROVISIONS X schedule othe f constitution, Article 238, …

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SOCIAL MEDIA AND PRIVACY: A COMPARATIVE STUDY OF DATA PROTECTION LAWS

ABSTRACT There is still an expectation of privacy, even when society as a whole is expanding the quantity of private information that is made publicly available. People frequently hold the mistaken belief that by controlling who has access to and how the information is utilized, they can control the personal information they hold out to …

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The Companies Act and Corporate Ownership: Exploring the Role of Wholly Owned Subsidiaries and Shareholder Requisites

ABSTRACT Embarking on a journey through the intricacies of corporate orchestration within the legislative confines of the Companies Act, this research paper unearths the veiled dynamics of wholly owned subsidiaries, ownership requisites, and the dichotomy between registered and beneficial ownership. The enigmatic realm of wholly owned subsidiaries, where the parent entity’s grasp extends to every …

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business, technology, city

ALOK KUMAR VERMA VS UNION OF INDIA

 INTRODUCTION     AlokTKumarTVerma v.TUnion ofTIndia &TAnr. was a landmark case that dealt with the question of whether the CentralTVigilanceTCommissionT(CVC) and theTUnion ofTIndia had the power to divest theTCentralTBureau ofTInvestigation (CBI)TDirector of hisTpowers andTfunctions withoutTpriorTapproval of theThigh-poweredTcommittee, as mandated by SectionT4B of theTDelhiTSpecialTPoliceTEstablishment (DSPE)TAct,T1946. The case also involved the question of whether theTappointment of M.TNageshwarTRao as …

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LEGAL AID FOR THE ACCUSED: ANALYSING TWO SIDES OF THE SAME COIN

ABSTRACT No one is born a prisoner; destiny makes them so. Everyone deserves a second chance. If they are given a second chance, it will be good for them if they become good people, because legal services that provide free legal services to people will play a major role in this. Second, everyone has rights, …

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NOVARTIS AG V UNION OF INDIA AND ORS [2013] 13 SCR 148

INTRODUCTION: The case of Novartis AG v Union of India revolves around a dispute over the denial of a patent for a drug called Glivec, which was manufactured by Novartis AG, a multinational pharmaceutical company. The case gained significant attention in India and internationally due to its implications for patent law and pharmaceutical innovation. Novartis …

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The Concept of Deterrence in International Relations

Abstract The notion of deterrence is a cornerstone of international relations, acting as a fundamental guideline for preventing conflicts and promoting global stability. Deterrence is essentially the process of convincing potential adversaries that the costs of aggressive acts outweigh any potential rewards. We obtain significant insights into the significance of deterrence in the complex arena …

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Greenwashing Dilemmas: A Comprehensive Study of the Ethical and Legal Issues in Environmental CSR

ABSTRACT Greenwashing, a multidimensional problem, is the false portrayal of a company’s or product’s environmental initiatives as more significant or sincere than they are. This practice, which is common both globally and in India, has significant legal and ethical concerns. Greenwashing not only misleads consumers, but it also restricts actual environmental progress. It undermines the …

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ANALYSIS OF INDIAN LEGAL FRAMEWORK IN THE LIGHT OF CYBER CRIME

ABSTRACT A new field of criminal activity known as cybercrime has emerged as a result of the quick development of digital technology. This research paper examines the Indian judicial system in depth, with an emphasis on how  well it addresses the many problems that cybercrimes present. The foundation of India’s cybercrime legislation is the Information …

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A SYNOPSIS OF AMENDED LODR REGULATIONS

ABSTRACT: This research paper gives an in-depth understanding of the Securities and Exchange Board of India [1](hereafter mentioned as ‘SEBI’) and its Listing Obligations and Disclosure Requirements Regulation (hereafter mentioned as ‘LODR regulations’). It mainly implies the Second Amendment to the LODR regulations. It gives a detailed explanation of the amendment. The latest amendment states …

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Uniform Civil Code: Constitutionality and Significance

ABSTRACT The Nucleus of this study deals with one of the primitive heated subject matters of Constitution i.e., Uniform Civil Code, Article 44/ Uniform Civil Code has from its origin in Constituent assembly till now after 76 years of independence remains Controversial, leading to polarization and vote bank politics. Under this study the Constitutionality and …

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INTELLECTUAL PROPERTY RIGHTS IN BLOCKCHAIN TECHNOLOGY AND CRYPTOCURRENCY

ABSTRACT “Blockchain technology, or distributed ledger technology, is just a way of using the modern sciences of encryption to enable entities to share a common infra structure for database retention”. By Blythe Masters. In this evolving world blockchain has the potential to protect stakeholders from intellectual property rights infringement. This research paper analyzes three main …

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INTELLECTUAL PROPERTY RIGHTS:- LAWS AND POLICIES IN SAFEGUARDING THE CUSTOMARY KNOWLEDGE

ABSTRACT:- In the advent of the digital era, IPR laws hold strong grounds as to what implication it had when the traditional was a major holding in the world. Intellectual property rules and policies are being associated with the different innovative ideas and protecting the inventions of the individuals rendered in the globalized world. The …

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business, technology, city

Legal Challenges of Reality shows: Privacy, Defamation and Contractual disputes

A reality show is a kind of television program that seeks to depict how regular people act in real-world settings or in situations that are frequently produced by the program’s creators and are meant to reflect normal life. In contrast to fictionalized events that are acted in, reality shows are marketed as entertainment content under …

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PREAMBLE IS THE HEART OF THE INDIAN CONSTITUTION vs. ARTICLE 32 IS THE HEART AND SOUL OF THE INDIAN CONSTITUTION

ABSTRACT The preamble and Article 32 of the Indian legal Constitution are both integral components that serve significant roles in the governance and protection of fundamental rights in India. While some argue that the preamble is the heart of the Indian Constitution, emphasising its foundational values and guiding principles, others contend that Article 32 is …

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NEED FOR AN INTERNATIONAL FRAMEWORK TO ADDRESS THE THREAT OF SPACE DEBRIS

Abstract Human space exploration helps to address the fundamental questions about our place in the Universe and the history of our solar system. In the voyage outside the earth in search of our history, even a minor mistake made would act as a hurdle to humans in exploring space later. ‘Space debris’ is one example …

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Amit Sahni vs Commissioner of police and Ors

DATE OF THE CASE: 7 October, 2020 APPELLANT : Amit Sahni RESPONDENTS: Commissioner of police and Ors BENCH/JUDGES : Honorable Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari LEGAL PROVISIONS : Constitution of India, 1949, Citizenship Amendment act, 2019 CIVIL APPEAL NO: 3282 OF 2020 FACTS ISSUES RAISED CONTENTION ON BEHALF OF THE PETITIONERS …

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NECROPHILIA: AN ANALYSIS FROM LEGAL PERSPECTIVE

Abstract “People have different attractions. Mine just happens to be corpses.” — Hayden[1]. The fantasy regarding corpses have often influenced the prominent works of literature in one way or another such as in Romeo and Juliet by Shakespeare when Juliet kissed Romeo’s dead body in the name of eternal love to the sleeping beauty, a …

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UNIFORM CIVIL CODE IN INDIA: AN EXAMINATION OF IT’S FEASIBILITY AND IMPLICATIONS

ABSTRACT This research project deals with the uniform civil code (UCC) which has been subject of intense debate in India, aiming to combine individual laws governing various religious sections. The effects and viability of the UCC in India are the subject of this academic investigation. It gets going by giving an overall synopsis of current …

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TATA CONSULTANCY SERVICES LTD. V CYRUS INVESTMENTS PVT. LTD. AND ORS.

COURT: Supreme Court of India APPEAL NO.: Civil Appeal No. 440441 of 2020 DATE OF JUDGEMENT: March 26, 2021 BENCH: Hon’ble Chief Justice, A.S. Bopanna, V. Ramasubramanian PARTIES TO THE CASE: Appellant(s): TATA CONSULTANCY SERVICES LIMITED; Respondent(s): CYRUS INVESTMENTS PVT. LTD. AND ORS. FACTS OF THE CASE ISSUES RAISED CONTENTIONS ON BEHALF OF TATA SONS …

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PAWAN KUMAR GOEL VERSUS STATE OF U.P. & ANOTHER

CASE ANALYSIS PAWAN KUMAR GOEL VERSUS STATE OF U.P. & ANOTHER SUPREME COURT OF INDIA Citation: 2022 Scc Online Sc 1598 Bench: Hon’ble Mr. Justice Krishna Murari, Hon’ble Ms. Justice Bela M. Trivedi Type of Jurisdiction: Criminal Appellate Jurisdiction Advocates for Appellant: Manoj Swarup and Co. Advocates for Respondent: Advs. Vishwa Pal Singh, Shantanu Krishna …

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CRITICAL ANALYSIS ON PROHIBITION OF CHILD MARRIAGE ACT 2006.

Every new innovation or a change comes into picture when the past things have certain flaws which restrain from development and improving social life. Same thing happened in above act of 1929 which had various flaws which needed to be improved. Child  marriage restraint act 1929 had various shortcomings which forced government to bring a …

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EXPLORING THE FRONTIER OF ARBITRATION: INVESTIGATING THE INTRIGUING CHALLENGES AND OPPORTUNITIES IN MODERN DISPUTE RESOLUTION

ABSTRACT In today’s globalized world, there has been a significant surge in international trade, extending beyond national borders. However, this increase in extraterritorial trade has inevitably led to disputes and conflicts among the parties involved. It has become crucial to promptly resolve these disputes to ensure the smooth functioning of business operations. As a result, …

EXPLORING THE FRONTIER OF ARBITRATION: INVESTIGATING THE INTRIGUING CHALLENGES AND OPPORTUNITIES IN MODERN DISPUTE RESOLUTION Read More »

LAW AND FORENSIC SCIENCE

ABSTRACT- Forensic Science is often defined as the application of scientific principles and methodologies from various disciplines to matters within the realm of law enforcement and the criminal justice system. This interdisciplinary field involves the integration of scientific knowledge into legal contexts. It encompasses a wide range of scientific areas, including sociology, physics, forensic chemistry, …

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Manipur Violence, What was the scratch from old times that became a Wound now?

Abstract The conflict in Manipur, India, is a complex issue fueled by historical, political, and socio-cultural factors. The eviction of Kuki villagers from the Churachandpur District sparked protests and tensions between the government and the tribal community. The Meiteis demand Scheduled Tribe status, which is the majority of the population, faces opposition from Hill tribes …

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Case Comments on S.G. Vombatkere v. Union of India

FACTS OF THE CASE The sedition law [Section 124A[1]] has been criticised as a tool of restriction on the freedom of expression. In 2021, this criticism echoed and a petition was filed in the Hon’ble Supreme Court where the constitutional validity of the law was challenged by two journalist- Kishore Wangkhemcha (ISTV channel journalist based …

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KASHIBAI & ORS. VERSUS THE STATE OF KARNATAKA

                                   IN THE SUPREME COURT OF INDIA                                CRIMINAL APPELLATE JURISDICTION                                     CRIMINAL APPEAL NO… OF 2023                           ARISING OUT OF SLP (Crl.) NO. 8584/2022 KASHIBAI & ORS.                                                      ….APPELLANTS                                             VERSUS THE STATE OF KARNATAKA                                ….RESPONDENT FACTS In the present case, the judgement passed by the Karnataka high court by the Kalaburagi bench in criminal …

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Analysis of Patentability: An Overview in Context of Indian Patent Law

Abstract The following paper discusses the patentability requirements according to the Patent Act of 1970. This also caters to its readers with respect to the types of patent applications. The paper also peeks into the procedure of the filing of the patent but doesn’t dwell deeply into it and tries to give an overview regarding …

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ANALYSING THE HEALTHCARE RIGHTS OF TRANSGENDER INDIVIDUALS UNDER THE CURRENT INDIAN HEALTHCARE SYSTEM

ABSTRACT India’s population of 1.3 billion is characterised by its commitment to ‘unity in diversity’. Within this socio-cultural tapestry exists the transgender community, which first gained legal recognition as ‘the third gender’ in 2014. Despite this, sexual minorities have long faced oppression and societal stigmatisation, being labeled as ‘deviant’ and ‘unnatural’[1]. Consequently, issues concerning gender …

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Hindustan Construction Company Ltd vs Union of India

Supreme Court of India on 27 Nov 2019 Bench (Judges): Rohinton Fali Nariman, Aniruddha Bose, V. Ramasubramanian INTRODUCTION TO THE CASE FACTS OF THE CASE ISSUES RAISED IN THE CASE CONTENTIONS OF THE LEARNED ADVOCATES CONTENTION BY THE PETITIONERS: CONTENTION FROM THE RESPONDENTS: RATIONALE IN THE CASE DEFECTS OF LAW IN THE CASE INFERENCE DERIVED …

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The legal challenges and progress in achieving equal Pay and Combating Gender-Based Wage Discrimination

Abstract This research paper explores the legal challenges and progress in achieving equal pay and combating gender-based wage discrimination. We want to thoroughly grasp this topic’s difficulties within India’s distinctive socio-cultural and legal environment by examining the existing legal framework, landmark cases, legislative activities, enforcement mechanisms, and unique Indian viewpoints. To lay the groundwork, we …

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CASE COMMENT

                                         CASE COMMENT COURT– The Supreme Court of India Criminal Appeals Nos. 1735-36 of 2010 CITATION– 2021 SCC OnLine SC 404 PETITIONER– Satbir Singh and Another RESPONDENTS– State of Haryana BENCH– 2 Judges: Chief Justice NV Ramana and Justice Aniruddha Bose DATE OF JUDGEMENT– 28 May 2021 LEGAL PROVISIONS– Application of Section 304-B of the …

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The Role of CCTV Surveillance in Mitigating Custodial Violence in India

ABSTRACT Custodial violence, involving excessive force, torture, and abuse by law enforcement officials, is a global issue, including in India. Despite international declarations and constitutional safeguards, custodial violence still persists, which necessitates measures to address it. One such measure is the installation of CCTV’s in police stations and other police custodies. The Supreme Court of …

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Driving Innovation: Intellectual Property Rights in the Automotive Industry

Abstract The automotive sector today is growing at a pace faster than ever. There are several intriguing features in an automobile that make it distinctive from the others such as Automatic Emergency Braking systems (AEBS), traffic signal recognition, vehicle-to-vehicle communication in case of high end cars and so on. The distinctive technology adopted by manufacturers …

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FASHION IN FLUX: NAVIGATING INTELLECTUAL PROPERTY RIGHTS IN THE FAST FASHION

ABSTRACT This research paper explores the complex relationship between fashion and intellectual property rights within the fast fashion industry. The paper delves into the challenges faced by fashion designers and brands in protecting their original creations amidst the rapid production and replication of trends in the fast fashion market. It analyzes the legal frameworks, including …

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Medicolegal Considerations: Bridging Medicine and Law for Effective Legal Outcomes

Abstract In order to ensure justice and fairness in many legal circumstances, the confluence of medical and law, or medicolegal, is crucial. This study attempts to investigate the diverse field of medicolegal concerns, emphasizing the importance of this field in judicial proceedings, civil lawsuits, and medical malpractice cases. By examining the collaborative efforts of medical …

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LEGALIZATION OF EUTHANASIA IN INDIA & ITS IMPLICATIONS  ON HUMANS

ABSTRACT When a person takes their own life, it is referred to as “suicide,” but when another person takes  a life at the deceased’s request, it is referred to as “euthanasia” or “mercy killing.” The  following paper aims to explain what euthanasia is and how it might be used in three different  situations involving a …

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Patan Jamal Vali vs. The State of Andhra Pradesh 2021 JC (SC)2856

CASE COMMENT Date of the Judgement: 27th April 2021 Appellant: Patan Jamal Vali Respondent: The State of Andhra Pradesh Coram: Justices DY Chandrachud and MR Shah Important Section:  Indian Penal Code, 1860 Section- 376 & SC ST Act 1989 Section 3(2)(v) INTRODUCTION For women all over the world, the danger of violence is constant and is …

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Case Analysis: Aishat Sifha v. State of Karnataka

DATE OF THE CASE: 13 October, 2022 APPELLANT: AISHAT SHIFA     RESPONDENT: THE STATE OF KARNATAKA & ORS.      BENCH/JUDGES: Justice Hemant Gupta and Justice Sudhanshu Dhulia LEGAL PROVISIONS: Article 14, 15, 21, 21-A, 25 in The Constitution Of India 1949 FACTS OF THE CASE: ISSUES RAISED: CONTENTIONS Arguments from the Petitioner’s side: Petitioners initially argued that wearing  …

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people, business, meeting

Jurisdictional Challenges in Cyber Crimes: Issues with Cyber Crimes that Transcend National borders

Abstract: When Internet was not invented, everything happened in a traditional way. People who committed crimes were brought to the court under jurisdiction of which the crime was committed. With time and the advent of technology people are attracted to access the internet more than ever, which has resulted the formation of a global village. …

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COMPLIANCE WITH INTERNATIONAL TREATIES WITH RESPECT TO ARMS LIMITATION AND DISARMAMENT

Abstract What happens when the whole world suffers because of the arms struggle of two superpowers? What happens when a nation keeps on proliferating its nuclear weapons? What happens when there are civilian casualties during a war? These are the questions that have been answered by a number of arms limitation and disarmament treaties. Arms …

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right, advocacy, lex

The Role of Intellectual Property Rights in the Gaming Industry

Abstract The gaming industry has seen remarkable expansion and changes over recent years, resulting in its growing importance within the global economy. Intellectual Property Rights (IPRs) are an essential component in shaping innovation as well as protecting it within this domain. This research aims to comprehensively explore how Intellectual Property Rights operate across various dimensions …

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business, technology, city

The Significance of Intellectual Property Rights in the Fashion Industry

ABSTRACT This paper aims to provide the importance and connection of the Fashion Industry and Intellectual Property Rights. Many designers in the fashion industry produce new creations of styles and designs which needs protection from duplicity. Fashion is art and all artistic work can be protected by IP rights, which are provided under four legislations, …

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