Publications

A Critical Analysis of the Right to Marry:                                            Legal and Sociological Perspective

                                                                                  –   Ishan Anand Research objective The research objectives for this paper titled “A Critical Analysis of the Right to Marry: Legal and Sociological Perspective” would typically outline the specific goals and aims of the research. Research question “Is it conceivable to broaden the scope of the right to marry, particularly within a societal …

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“Every child must be protected from violence, exploitation and abuse on the internet.”

Abstract : These days, the internet is a necessary component of our everyday lives. It has developed into a powerful system that affects trade, business, and how we communicate with one other. The internet has had a significant impact on how people communicate globally. The number of people using digital devices has steadily increased in …

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Deepfakes: A Cyber Law Nightmare

Abstract The research paper titled “Deepfakes – Nightmares for Cyber Law” delves into the alarming rise of deepfakes and the profound challenges they pose to the existing legal framework in India. Despite the absence of a dedicated law addressing this burgeoning threat, the study explores potential remedies scattered across various legal provisions, emphasizing the need …

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Sexual and Reproductive rights as Human Rights

Abstract “Sexual and reproductive rights are integral to human rights. The right to make decisions about one’s own body is fundamental to personal autonomy and dignity, providing individuals the freedom to shape their lives according to their values.” With that view this research paper delves into the intricate landscape of sexual and reproductive rights, positioning …

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Merger and Acquisition laws in India: a simplified analysis

Abstract: This paper aims to examine the role of government in governing the mergers and acquisitions (M&A) in light of the necessity to redefine these concepts as M&A becomes a more innovative phenomenon is the goal of this study. The paper will evaluate, summarize, and discuss major institutional regulations pertaining to mergers and acquisitions (M&A) …

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CASE COMMENT: SHRI MARTHANDA VARMA (D) TH. LR. VS STATE OF KERALA (2020)

CITATION Civil Appeal No. 2732 of 2020 DATE OF THE JUDGMENT July 13, 2020 BENCH  2-Judges Bench comprising Justice Uday Umesh Lalit & Justice Indu Malhotra BACKGROUND FACTS ISSUES RAISED CONTENTIONS JUDGEMENT (RATIONALE) Thus; the Hon’ble Supreme Court overruled the judgment of the Kerala High Court & decided the case, in favour of the Royal …

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PARVATHI KOLLUR v. STATE BY DIRECTORATE OF ENFORCEMENT 2021

FACTS In this case, the individuals appealing the case were the wife and son of the defendant who was charged by the Lokayukta Police under section 13(1)(e) and section 13(2) of the Prevention of Corruption Act. As the trial was ongoing, the Enforcement Directorate (ED) also filed a case against the defendant and the appellants …

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THE IMPACT OF ARTIFICIAL INTELLIGENCE ON TRADEMARK LAWS

ABSTRACT Artificial intelligence (AI) is rapidly transforming the landscape of intellectual property, presenting both opportunities and challenges for trademark law. This paper delves into this evolving intersection, exploring how AI algorithms are influencing various aspects of trademark protection. The paper highlights the growing need for robust trademark laws in the digital age. While AI offers …

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Entry of women into Sabarimala Temple: Kantaru Rajeevaru Vs. Indian Young Lawyer Association

Bench- Chief Justice of India (the then CJI) Ranjan Gogoi and members Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra Background of the Case The Sabarimala Temple[1] in Kerala, dedicated to Lord Ayyappa,[2] historically prohibited women of menstruating age (10-50 years) from going in the temple due to the belief that menstruating females are …

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CRIMINAL JUSTICE

ABSTRACT The criminal justice system provides the mean, or framework, for enforcing laws, adjudicating criminal offenses, and protecting public safety. This article is the first to provide a comprehensive review of the many aspects of the justice system, including police prosecution and corrections, with the primary focus on systemic barriers and reforms. Zeroed in on …

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Birla Corporation Ltd. v Adventz investments and Holdings Ltd, 2019

FACTS The given appeal arose from the judgement delivered by the High Court of Calcutta in 2015, in which the court quashed the complaint of the Appellant under Sections 379, 403 and 411 of the IPC. Furthermore, the appeals arise from a criminal complaint filed by the Appellant company, now under the control of Respondent …

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Case Comment: Govt. of NCT of Delhi vs. Union of India (2023)

Background 1. Facts 2. Issues Raised 3. Contentions Contentions of Appellant (Delhi Government): The appellants, the Government of NCT of Delhi, contended that the elected government should have substantial control over the administrative and legislative affairs of Delhi, barring the explicitly reserved domains of land, police, and public order. They argued that under Article 239AA …

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GLOBAL CHANGES IN LGBTQ+ RIGHTS

Abstract Recently, there has been a noteworthy shift in people’s attitudes towards the LGBTQ+ community and their rights. These attitudes clearly illustrate a change towards greater inclusivity and acceptance worldwide. From decriminalization to same sex marriage, the global landscape of LGBTQ+ rights have undergone significant transformations. This research paper explores the various important developments of …

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CONUNDRUM OF ABORTION RIGHTS IN THE FACE OF INDIVIDUAL AUTONOMY: A COMPARATIVE ANALYSIS

ABSTRACT:Abortion is a highly sensitized issue in the present modern day society which can be put forward in simple terms as the termination of pregnancy. This is wherein the issue of individual autonomy of a woman seeps in as to whether she has a legal and constitutional right to do so or should the state …

CONUNDRUM OF ABORTION RIGHTS IN THE FACE OF INDIVIDUAL AUTONOMY: A COMPARATIVE ANALYSIS Read More »

Patan Jamal Vali v. State of Andhra Pradesh

Decided on– April 27,2021 Appellant- Patan Jaman Vali Respondent– The state of Andhra Pradesh Coram– D.Y. Chandrachud and M.R. Shah Facts[1]– The appellant was sentenced to life imprisonment by Sessions Court under section 3(2) (v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and section 376 (1) of IPC as well as …

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A Research on the economic impact of the Foreign Exchange Management     

 ABSTRACT Foreign Exchange Regulations are indispensable for any nation willing to engage in global trade and investment. In the case of India, the Foreign Exchange regulations had been very restrictive till 1999, with the FERA legislation imposing restrictions on every type of foreign exchange circulation in India, to the degree where Foreign Exchange transactions were …

A Research on the economic impact of the Foreign Exchange Management      Read More »

TWO SIDES OF A COIN: OUTER SPACE RESOURCES AND SPACE DEBRIS MITIGATION

ABSTRACT As humanity’s presence in outer space continues to grow, we face two critical challenges: the need to responsibly utilize the resources available in space, and the imperative to mitigate the escalating amount of space debris orbiting our planet. The exploitation of outer space resources holds immense potential, offering economic, scientific, and strategic benefits that …

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All about Electoral Bonds and why the Supreme Court declared them unconstitutional

Abstract “Politics is not a game.  It is an earnest business.” -Winston Churchill This research paper examines the sum and substance of the 2018 electoral bond scheme which recently got rolled back by the apex court of the nation. The scheme was introduced to carry out political funding in a clean and responsible manner but …

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CONSUMER PROTECTION LAWS IN E-COMMERCE

ABSTRACT Consumers need to trust and put confidence in e-commerce businesses while purchasing goods and services. This research paper analyses the changing consumer protection laws and their evolution in India. It also examines key legal regulations governing E-Commerce transactions. This paper emphasizes the significance of strong consumer protection laws by analyzing existing laws and emerging …

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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Priya Indoria v/s State of Karnataka

INTRODUCTION: Transitory anticipatory bail is incorporated as a safeguard under Section 438 of the Code of Criminal Procedure, 1973, despite the latter’s main focus being centred upon the granting of mere “anticipatory bail,” a rather expansive form of protection. Prior to 1973, courts determined judgments about the granting of anticipatory bail as part of their …

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Priya Indoria v/s State of Karnataka Read More »

RESEARCH PAPER “Intellectual Property Due Diligence in Mergers and Acquisitions: Key Legal Considerations”

SUBMITTED BY- PRAGYA VAJPEYI INTRODUCTION Mergers and acquisitions (M&A) have ended up a foundation of advanced trade methodology, moving companies towards development, asset procurement, and economies of scale[1]. However, the esteem recommendation of M&A deals has experienced a critical move within the knowledge-driven economy. The Domination of Intellectual Property (IP): While substantial resources like industrial …

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X Versus The Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi & Anr.

FACTS: The appellant, a 25-year-old unmarried Manipur permanent resident, became pregnant after embarking on a consensual relationship. Because “her partner had refused to marry her at the last stage,”[1] she wanted an abortion. She had a negative outlook on the stigma and harassment that come with being an unmarried single parent in society, particularly for …

X Versus The Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi & Anr. Read More »

Invisible suffering: the legal and social ramifications of marital rape exemption clause

ABSTRACT – Section 375 of Indian Penal Code, 1860 and now section 63[1] of Bhartiya Nyaya Sanhita defines and criminalizes Rape as a forced sexual intercourse with women without their consent, aiming to protect women from falling victim to this violent act and preserving their dignity but at the same time, a section of women …

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TOPIC- NAVIGATING THE IMPLICATIONS: A CRITICAL ANALYSIS OF IMPACT OF INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021

Contents ABSTRACT………………………………………………………………………………. 1 KEYWORDS……………………………………………………………………………… 2 INTRODUCTION……………………………………………………………………….. 3 RESEARCH METHODOLOGY…………………………………………………….. 3 REVIEW OF LITERATURE…………………………………………………………. 4 NEED OF THE RULES………………………………………………………………… 5 RATIONALITY BEHIND BRINGING THE NEW GUIDELINES………… 6 FEATURES OF THE LEGISLATION…………………………………………….. 7 PROCEDURES FOR IMPLEMENTING………………………………………….. 8 CODE OF ETHICS FOR DIGITAL MEDIA RELATING TO OTT PLATFORM………………………………………………………………………………. 9 WHY AMENDMENT IS NEEDED?……………………………………………….. 9 IS IT RULES INFRINGING …

TOPIC- NAVIGATING THE IMPLICATIONS: A CRITICAL ANALYSIS OF IMPACT OF INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 Read More »

Title The Death Penalty in India: Historical Views and Legal Development

Abstract This study analyzes the legal evolution and historical perspectives around the death sentence in India. It explores the development of the death penalty from customary practices to its current use, delving into both historical and contemporary legal systems. This article describes the legislative modifications, Supreme Court decisions, and constitutional disputes that have influenced India’s …

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Title: Intersectionality in Justice: Addressing the Complexities of Gender, Race, and Class

Abstract: Intersectionality, a theory formulated by the black female legal scholar Prof Kimberlé Crenshaw in the early 1990s, has become increasingly central in explaining and dealing with the multiple and intricate forms of social inequality. The article aims to achieve intersectional justice, which combines gender, race, and class. These modern systems of justice have become …

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VIKASH KUMAR VS UNION PUBLIC SERVICE AND ORS.

Respondents:   Union Public Service Commission and ORS. Appellant:  Vikash Kumar Facts of the Case: Issues: Contention: Vikash Kumar Vikash Kumar’s arguments emphasised on the definition of disability and its inclusivity. He argued that dysgraphia falls under the definition of a disability under the act. He highlighted that act’s definition covers a variety of disabilities …

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CASE COMMENT: Shailendra Mani Tripathi v. Union of India and Ors.

Date of the judgment: February 24, 2023  Citation: Writ petition (civil) No. 172/2023 Petitioner: Adv. Vishal Tiwari, AOR. Abhigya Kushwaha, Adv. Sunita Yadav, Adv. Shailendra Mani Tripathi, Adv. Rahul Kumar, Adv. Manisha, Adv. Upendra Mani Tripathi, Adv. Aakar Shrivastav, Adv. Abhishek Jaiswal, Adv. Rajvardhan Singh.       Respondent: Union of India and Ors. Bench: Hon’ble Chief Justice …

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Vote for a Convicted President?: Legal Implications and Precedents in the Trump Hush Money Trial

Abstract    The months prolonged trial of America’s 45th president has garnered worldwide media attention and rightfully so. This particular trial is one of its kind and has a significant impact on campaign finance laws and accountability of the executive.The Manhattan grand jury on May 30 found the former commander-in-chief guilty of multiple felonies in …

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CASE COMMENTARY The Secretary, Ministry of Defence V. Babita Puniya & Ors(2020) 7 SCC 469

Civil Appeal Nos: 9367-9369 of 2011  Hon,ble Supreme Court of India Bench: Dr. DY Chandrachud (CJI), and Justice Hemant Gupta FACTS: In 1992, the Central Government issued a notification that permitted females to be appointed to certain selective cadres of the army, such as Short Service Commissions (SSC), Regiment of Artillery, Intelligence Corps, Army Service …

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UNRAVELLING PUNE PORSCHE CRASH DILEMMA:A CASE STUDY IN JUVENILE CRIMES, PARENTING, AND LEGAL QUANDARIES

ABSTRACT: Many day-to-day car accidents, unfortunately, take place on the roads of India, but the recent Pune Porsche car case stands out from the others. A Porsche car was driven in an intoxicated state by the son of a Pune-based realtor. The car ruthlessly rammed a woman and a man who were on a bike. …

UNRAVELLING PUNE PORSCHE CRASH DILEMMA:A CASE STUDY IN JUVENILE CRIMES, PARENTING, AND LEGAL QUANDARIES Read More »

A Research on the economic impact of the Foreign Exchange Management      

Act ABSTRACT Foreign Exchange Regulations are indispensable for any nation willing to engage in global trade and investment. In the case of India, the Foreign Exchange regulations had been very restrictive till 1999, with the FERA legislation imposing restrictions on every type of foreign exchange circulation in India, to the degree where Foreign Exchange transactions …

A Research on the economic impact of the Foreign Exchange Management       Read More »

Birla Corporation Ltd. v Adventz investments and Holdings Ltd, 2019

FACTS The given appeal arose from the judgement delivered by the High Court of Calcutta in 2015, in which the court quashed the complaint of the Appellant under Sections 379, 403 and 411 of the IPC. Furthermore, the appeals arise from a criminal complaint filed by the Appellant company, now under the control of Respondent …

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Bilkis Yakub Rasool v. Union of India Ors

Introduction The terrible episode that was developed around 2002 Gujarat riots, in the Bilkis Bano case involved this woman’s gang rape who carried a pregnant baby and death of fourteen family members including her three year old daughter. This culminated into criminal conviction of eleven perpetrators, which included police officers who participated as well. Bilkis …

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BALANCING RELIABILITY AND RELEVANCE:  EXPLORING ADMISSIBILITY OF ELECTRONIC EVIDENCE IN INDIA

O.P JINDAL GLOBAL UNIVERSITY NIDHI TIWARI ABSTRACT  The information technology industry has made drastic developments and advancements in the last two decades. In this digital era, our lives are increasingly conducted online thus allowing us to transform how we crate, store and communicate information. We communicate through emails and social media, store our personal and …

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CASE COMMENTARY SATVINDER SINGH SALUJA AND OTHERS V STATE OF BIHAR, AIR (2019) 7 SCC 89

APPELLANTS: Satvinder Singh Saluja and Others RESPONDENT: State of Bihar BENCH/JUDGE: K Joseph and A Bhushan DATE OF JUDGEMENT: 01 /07/2019 LEGAL PROVISIONS: Constitution of India, Bihar Excise (Amendment) Act, 2016, Bihar Prohibition and Excise Act, 2016. INTRODUCTION The case is an appeal filed by the appellants (accused), before the decision of Hon’ble Supreme Court of India against the Patna …

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RESEARCH PAPER COMPREHENSIVE STUDY ON INCOME UNDER THE HEAD OF SALARY

By: NITANSHA BHATIA (SUSHANT UNIVERSITY, GURUGRAM) TABLE OF CONTENTS TOPIC PAGE NO. Index of Authorities 3 Abstract 4 Keywords 5 IntroductionResearch MethodologyLiterature ReviewChapterization -C1-Chargeability of salaryC2-What is included under salary?C3-PerquisitesC4-Profits in lieu of salaryC5-Deductions from salaryC6- Fringe Benefit Tax(FBT)Conclusion 67891011-1213-15161718-2021 Bibliography 22 ABSTRACT The Income Tax Act categorizes income into five distinct heads, each with …

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JUDICIAL ABSURDITIES: NONSENSICAL AND IRRESPONSIBLE VERDICTS OF INDIAN COURTS

ABSTRACT As the court belongs to the public and is also the Constitution’s protector, the judiciary plays a crucial role in upholding democracy. To protect the rights and freedoms of the people, the court must always enforce the law and fundamental constitutional values. However, there are many inconsistencies in the legal system as a result …

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Revanasiddappa v. Mallikarjun, 2023 SCC OnLine SC 1087

INTRODUCTION: Revanasiddappa v. Mallikarjun is a landmark decided by the Supreme Court of India on the interpretation of Section 16 of the Hindu Marriage Act, 1955 (HMA) and what it means for the right to inherit and legitimacy of children born from void or voidable marriages.Importance: This case is important because it addresses the rights of …

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PROGRESS IN FORENSIC SCIENCE AND ITS ROLE IN THE INDIAN LEGAL SYSTEM

ABSTRACT:  This research paper looks into the progress and role of forensic sciences in the Indian legal system. Forensic science has gone through big improvement/ saw major progress over the past years, having an impact on judicial system worldwide. In India, criminal cases and trials have improved since the use of forensic science and has …

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LEGAL ASPECTS OF CYBERCRIME INCIDENTS: PREVENTION AND RESPONSE

ABSTRACT Cybercrime has emerged as a significant threat in today’s world, with its impact spanning across individuals, businesses, and governments. This abstract delves into the intricate landscape of cybercrime and the corresponding measures of cybersecurity aimed at mitigating its risks. It explores the various forms of cyber threats, including malware, phishing, ransomware, and identity theft, …

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TWO SIDES OF A COIN: OUTER SPACE RESOURCES AND SPACE DEBRIS MITIGATION

ABSTRACT As humanity’s presence in outer space continues to grow, we face two critical challenges: the need to responsibly utilize the resources available in space, and the imperative to mitigate the escalating amount of space debris orbiting our planet. The exploitation of outer space resources holds immense potential, offering economic, scientific, and strategic benefits that …

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CASE COMMENT: Shailendra Mani Tripathi v. Union of India and Ors.

Date of the judgment: February 24, 2023   Citation: Writ petition (civil) No. 172/2023 Petitioner: Adv. Vishal Tiwari, AOR. Abhigya Kushwaha, Adv. Sunita Yadav, Adv. Shailendra Mani Tripathi, Adv. Rahul Kumar, Adv. Manisha, Adv. Upendra Mani Tripathi, Adv. Aakar Shrivastav, Adv. Abhishek Jaiswal, Adv. Rajvardhan Singh.        Respondent: Union of India and Ors. Bench: Hon’ble Chief Justice …

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SATENDER KUMAR ANTIL Vs CBI AND ANR:ANALYZING THE JUDICIAL PANORAMA  OF BAIL IN INDIA

INTRODUCTION  A stringent course of action curtails the liberty of a person, Arrest is no way exception to that. The notion of Bail is the quintessence of this case. The case was approached to the Supreme Court via Special Leave Petition. One of the spotlit in this case was the Guidelines issued for Investigation team …

SATENDER KUMAR ANTIL Vs CBI AND ANR:ANALYZING THE JUDICIAL PANORAMA  OF BAIL IN INDIA Read More »

Patan Jamal Vali v. State of Andhra Pradesh 

Decided on– April 27,2021 Appellant- Patan Jaman Vali  Respondent– The state of Andhra Pradesh Coram– D.Y. Chandrachud and M.R. Shah Facts– The appellant was sentenced to life imprisonment by Sessions Court under section 3(2) (v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and section 376 (1) of IPC as well as …

Patan Jamal Vali v. State of Andhra Pradesh  Read More »

CASE COMMENT ROHIT CHOUDHARY & ANR. V. M/S. VIPUL LTD.

Civil Appeal Case No.- 5858 of 2015 Appellant- Rohit Choudhary & ANR Respondent- Vipul Ltd. Judges- Hon’ble Judges Aarvind Kumar and S. Ravindra Bhat Order Date- 06/09/2023 Facts Issues Raised Contention Appellant’s Contention The Appellants were represented by Learned Counsel Shri Digendra Sharma, Niharika Dubey, Mr. Anubhav Bhandari, and Mr. Ajay Kumar Singh. The Counsel …

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Entry of women into Sabarimala Temple: Kantaru Rajeevaru Vs. Indian Young Lawyer Association

Bench- Chief Justice of India (the then CJI) Ranjan Gogoi and members Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra Background of the Case The Sabarimala Temple in Kerala, dedicated to Lord Ayyappa, has traditionally barred women between the ages of 10 and 50 from entering, based on the belief that menstruating women are …

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MUSSTT REHANA BEGUM VS THE STATE OF ASSAM

INTRODUCTION Marriage, a sacred institution, is a public declaration of love, loyalty and partnership. This comes with obligations and entitlements, which the partners have established. Law is very significant in marriage because it is a social institution and society and law are getting to know each other better. India has extremely complex and diverse laws …

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CASE DETAILS Case Name: Vivek Narayan Sharma v Union of India

Case Number: WP (C) 906/2016 Petitioners: Vivek Narayan Sharma Respondent: Union of India FACTS On November 8, 2016, Prime Minister Narendra Modi made a startling announcement that shook the nation: Rs. 500 and Rs. 1000 currency notes, which made up Rs. 15.44 lakh crore or 86.9% of the total currency in circulation, were declared invalid and would …

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CASE COMMENT  Travancore Devasom Board vs Ayyappa Spices & Ors

Petitioner: Travancore Devasom Board Respondents: Ayappa Spices & Ors  Citation: [2024] 3 S.C.R. 363 2024 INSC 183 The case was first filed in the Kerala High Court, then an appeal was submitted in the Honourable Supreme Court. It deals with the issues of procurement of cardamom and quality control. Cardamom is used to prepare Aravana …

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IN THE SUPREME COURT OF INDIA Priya Indoria v/s State of Karnataka

CRIMINAL APPELLATE JURISDICTION INTRODUCTION: Transitory anticipatory bail is incorporated as a safeguard under Section 438 of the Code of Criminal Procedure, 1973, despite the latter’s main focus being centred upon the granting of mere “anticipatory bail,” a rather expansive form of protection. Prior to 1973, courts determined judgments about the granting of anticipatory bail as …

IN THE SUPREME COURT OF INDIA Priya Indoria v/s State of Karnataka Read More »

VALIDITY OF HINDU MARRIAGES: RITUALS AS ESSENTIAL ELEMENTS 

 ABSTRACT  Marriage can be simply defined as a state of being husband and wife or two individual becoming a single entity. Marriage in Hinduism is seen as a religious sacrament. The legal framework for Hindu marriage is enshrined in the Constitution of India as ‘Hindu Marriage Act,1955’. This personal law is very deep rooted and …

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Invisible suffering: the legal and social ramifications of marital rape exemption clause 

ABSTRACT –  Section 375 of Indian Penal Code, 1860 and now section 63 of Bhartiya Nyaya Sanhita defines and criminalizes Rape as a forced sexual intercourse with women without their consent, aiming to protect women from falling victim to this violent act and preserving their dignity but at the same time, a section of women …

Invisible suffering: the legal and social ramifications of marital rape exemption clause  Read More »

Reforming Juvenile Motor Vehicle Law Penalties in India: A critical need to enhance safety on roads

By Ankita Nakhate Abstract India is undergoing significant infrastructure development, with road expansion being a crucial part of this development. With the growing road network, the number of vehicles on the road is also increasing. With the rising number of vehicles, violating road traffic regulations and accidents on the road have become an inevitable part …

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