Publications

BALANCING JUSTICE AND SECURITY: THE NEED FOR AN ADVOCATE PROTECTION LAW IN INDIA

ABSTRACT  Advocates play a crucial role in upholding justice and ensuring the fair application of the law. However, in India, they often face threats, violence, and intimidation, hindering their ability to perform their duties fearlessly. The absence of a comprehensive Advocate Protection Law leaves legal professionals vulnerable to harassment, coercion, and even physical assault. This …

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Association For Democratics Reforms vs Union Of India (2024)

Citation: 2024 INSC 113 Bench: Hon’ble Chief Justice of India Dr. D.Y. Chandrachud, Hon’ble Justice Sanjiv Khanna, Hon’ble Justice B.R. Gavai , Hon’ble Justice J.B. Pardiwala , Hon’ble Justice Manoj Misra Facts:- The case of Association for Democratic Reforms and Another v. Union of India and others revolved around the constitutional validity of the Electoral …

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Case Comment on Mohd. Salim v. Shamsudeen, (2019) 4 SCC 130

1. Facts The case of Mohd. Salim v. Shamsudeen presents a nuanced intersection between Islamic personal law, evidentiary standards, and constitutional morality. The dispute arose over inheritance rights, with the plaintiff, Shamsudeen, claiming succession to his late father, Mohammed Ilias’ property. The fundamental question before the court was the legitimacy of a child born out …

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The “Silent” ETOs: Can a State Be Responsible for Omissions Outside Its Borders?

Abstract As the Metaverse evolves into a fully immersive digital ecosystem, a key question arises that, Can human rights exist in a space without physical borders, sovereignty, or jurisdiction? This paper argues that virtual spaces do not constitute real territories under international law, making extraterritorial human rights obligations (ETOs) inapplicable to states. International courts, including …

The “Silent” ETOs: Can a State Be Responsible for Omissions Outside Its Borders? Read More »

CONSENT IN MARRIAGE: THE LEGAL BLIND SPOT IN CRIMINALIZING UNNATURAL SEX

ABSTRACT Most people understand law to be the tool that is used to establish order and impose regulations on the human behavior. But the ideal definition of it is “the representation of fairness and reliability”. The very purpose of it should be to ensure the protection of its subjects and uphold justice. People need to …

CONSENT IN MARRIAGE: THE LEGAL BLIND SPOT IN CRIMINALIZING UNNATURAL SEX Read More »

CASE COMMENT ON VINIT KUMAR V. CENTRAL BEREAU OF INVESTIGATION

FACTS:   Vinit Kumar was accused of bribing public officials to secure certain credit related favours. Thus, he was under investigation of the Central Bureau of Investigation under the Ministry of Home affairs. The CBI filed a FIR in June 2023 and began with a criminal investigation into the same matter.  Under the Indian Telegraph Act, …

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Challenges in Enforcing Domestic Workers’ Rights: Legal Gaps and Policy Recommendations

Abstract This study investigates the significant legal shortcomings and challenges encountered by domestic workers in India. Despite their essential role in households, these workers often face exploitation, inadequate wages, extended working hours, and a lack of legal protections. The informal nature of domestic work, combined with weak enforcement mechanisms and employer resistance, exacerbates their vulnerability. …

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Delhi Airport Metro Express Pvt. Ltd. vs Delhi Metro Rail Corporation Ltd

Introduction The case of Delhi Airport Metro Express Pvt. Ltd. vs Delhi Metro Rail Corporation Ltd. is a landmark judgment concerning contractual disputes and arbitration in public-private partnerships. The case primarily deals with the interpretation of contractual terms, the role of arbitration in resolving commercial disputes, and the scope of judicial intervention in arbitral awards. …

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Alternate Dispute Resolution vs. Traditional Litigation: Comparative Analysis

Dispute resolution is an important element of any judicial system, promoting justice and fairness to warring parties. The comparative analysis of Alternate Dispute Resolution (ADR) and traditional litigation is the focus of this paper, which examines their effectiveness, cost, procedural complexity, confidentiality, and enforceability. Although litigation is the pillar of judicial dispute resolution, it has …

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State of Uttar Pradesh v. M/S. Lalta Prasad Vaish and Sons (2024)

Facts: – The case revolves around UTTAR Pradesh authority to regulate industrial alcohol and store license fees for its production and distribution. The dispute stems from the constitutional division of powers between trade unions and state governments regarding alcohol regulation. Background Introduction of license fees (1999): UTTAR Pradesh has imposed a license fee for specially …

State of Uttar Pradesh v. M/S. Lalta Prasad Vaish and Sons (2024) Read More »

CASE COMMENT Case: Supriyo @ Supriya Chakraborty & Anr. Vs Union of India

Citation: Writ petition (civil) No. 1011 of 2022 Court: Supreme Court Date of Judgement: October 17, 2023 Petitioners: Supriyo @ Supriya Chakraborty and Anr. Respondent: Union of India Bench: CJI D.Y Chandrachud, J.S.K Kaul, J. Ravindra Bhat, J. Hima Kohli and J.P.S Narasimha. FACTS A big consequential case was filed by two same sex couple, …

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What ail’s India’s criminal justice system?

Abstract The Indian criminal judiciary, rooted in the opposing Anglo -saxon model, is plagued by systemic inefficiency, corruption and outdated legal framework. Despite the presence of complex legislation, such as the Indian Penal Code (1860), Code of Criminal Procedure (1973) and the Indian evidence Act, the system is fighting with delayed courts, congested judiciary, ineffective …

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CASE COMMENTARY: SHAH FAESAL VS UNION OF INDIA ON 2 MARCH, 2020

FACTS OF THE CASE ISSUES RAISED BEFORE THE COURT CONTENTIONS Arguments from the Petitioner’s Side: Arguments from the Respondent’s Side RATIONALE The High Court of Jammu and Kashmir, where the case was originally tried, upheld the detention order as legal. The court’s argument was that the authorities had given adequate reasons for the detention and …

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THE ROLE OF CONSTITUTIONS IN INTERNATIONAL HUMAN RIGHTS LAW

ABSTRACT This research paper investigates complex relations between national formation and International Human Rights Act. It checks that to implement and protect human rights at the domestic level, affect the development and development of international human rights norms, how the alliances serve as important equipment. The paper analyzes various methods that include the formation of …

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CASE ANALYSIS: BILKIS YAKUB RASOOL VS. UNION OF INDIA & OTHERS

Facts Case Bilkis Yakub Rasool vs. The India Union was heard at the Supreme Court in India on January 8, 2024 as part of the criminal original jurisdiction. The petitioner, Bilkis Yakub Rasool, challenged the waiver of the penalties awarded by eleven convicts involved in the Gujarat Unrest. Background of the Case: • Following the …

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DEATH PENALTY AND IT’S EVOLUTION IN INDIAN LEGAL SYSTEM: A CRITICAL STUDY

ABSTRACT The supreme law of the land ‘THE INDIAN CONSTITUTION’ doesn’t recognize and give it’s citizens the “Right to die” or “To take one’s life but due to the rising of crimes against the humanity in the recent time due to modernization, globalization, liberalization, increase in socio- economic disparities, discrimination and these days greed has …

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CASE  LAW: REVANASIDDAPPA&ANR. V. MALLIKARJUN& ORS. (1 SEPTEMBER 2023)

⸋BENCH: D.Y. CHANDRACHUD; CJI., J.B. PARDIWALA; J., MANOJ MISRA; J. ⸋EQUIVALENT CITATIONS: ●2011JUDGEMENT:[MANU/SC/0299/2011] [2011(2) KLT 176] [2011 GLH (1) 757] [2011 (I)NCLR (SC) 976] ●2023JUDGEMENT:[MANU/SC/0956/2023] [(2023) 10 SCC 1] [2023 GLH (3) 757] [2023 (4) CCC 64] ⸋PROVISIONS AND STATUES INVOLVED: SECTION 11,12 AND 16 OF THE HINDU MARRIAGE ACT,1955; SECTION 6 OF THE HINDU …

CASE  LAW: REVANASIDDAPPA&ANR. V. MALLIKARJUN& ORS. (1 SEPTEMBER 2023) Read More »

Engineering Analysis Centre for Excellence Pvt. Ltd. v. Commissioner of Income Tax, Supreme Court

LL 2021 SC 124 INTRODUCTION  The case was decided by the Supreme Court of India on 2nd of March in the year 2021. The Appellant in this case is The Engineering Analysis Centre of Excellence Private Ltd and the Respondent is The Commissioner of Income Tax. The Judges were Justice. R.F.Nariman, Justice Hemant Gupta and …

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“AI and Constitutional interpretation in India: Role of language in legal understanding”.

Constitution of India is the fundamental law governing the nation. Understanding the interpretation of the language used in the Constitution is essential for adapting the legal system to societal needs and is crucial for safeguarding the individual rights and freedom. Since 1950, Supreme Court of India has addressed substantial questions of law regarding Constitutional interpretation, …

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Gender Bias in Capital Sentencing: Do Women Receive Leniency in Death Penalty Cases?

Abstract   The application of the death penalty has long been a subject of debate, particularly concerning gender disparities in sentencing. This study explores whether women receive leniency in capital punishment cases compared to men, analyzing judicial trends, societal perceptions, and legal frameworks. Through an examination of case law, sentencing patterns, and empirical data, the research …

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CASE COMMENT: CENTRAL ORGANISATION FOR RAILWAY ELECTRIFICATION v. M/S ECI SPIC SMO MCML (JV) A JOINT VENTURE COMPANY (2019) – IN THE SUPREME COURT OF INDIA

1. FACTS The case of Central Organisation for Railway Electrification v. M/S ECI SPIC SMO MCML (JV) A Joint Venture Company revolves around a contractual dispute between the appellant, a government organization responsible for railway electrification, and the respondent, a joint venture company engaged in executing the awarded contract. The dispute arose out of disagreements …

CASE COMMENT: CENTRAL ORGANISATION FOR RAILWAY ELECTRIFICATION v. M/S ECI SPIC SMO MCML (JV) A JOINT VENTURE COMPANY (2019) – IN THE SUPREME COURT OF INDIA Read More »

DYING DECLARATIONS: AN EXAMINATION OF STATUTORY PROVISIONS AND JUDICIAL PRECEDENTS

Abstract Dying declarations is an exception to the general rule against Hearsay. The Indian Evidence Act does not explicitly define the term “dying declaration.”This article explores dying declarations an examination of statutory provisions and judicial precedents, focusing on their examination of statutory provisions and judicial precedents in Indian courts.  The principle behind Section 32(1) of the Evidence …

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CASE ANALYSIS  KEDARNATH NATH SINGH VS STATE OF BIHAR 

This landmark case/case law deals with fundamental right to speech from Article 19(1)(a)1 which guarantees freedom of speech to all citizens residing in India which is the understructure of our democracy. It’s the first fundamental right under Article 19(1)(a) which empowers citizens or people to speak freely and to express their opinions on any basis …

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TRADEMARK IN SPORTS BUSINESS

ABSTRACT The business of sports is now a multi-billion-dollar international enterprise where the rights to intellectual property are fundamental for brand reputation, commercial success, and legal action. Trademarks are priceless assets for sports teams, leagues, and athletes that enable them to create and safeguard their distinct identity and stop illegal commercial exploitation. The business of …

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                                                      CASE COMMENT Case: Arnab Goswami v. State of Maharashtra, (2020) 17 SCC 1

1. FACTS  Arnab Goswami, the editor-in-chief of Republic TV, found himself at the center of a legal storm following his arrest by the Maharashtra Police on November 4, 2020. The arrest stemmed from a 2018 abetment to suicide case involving interior designer Anvay Naik and his mother, Kumud Naik. In their suicide note, the Naiks …

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Property Owners Association v. State of Maharashtra, 2024 INSC 835

FACTS In 1991, the Property Owners’ Association (POA), which consisted of more than 20,000 landowners in Mumbai, challenged 1986 amendments to the Maharashtra Housing and Area Development Act, 1976 (MHADA). The amendments had given the power to the Mumbai Building Repair and Reconstruction Board (MBRRB) to acquire “cessed” buildings which were in disrepair for repairs and reconstruction, provided 70% of the occupants agreed. The POA argued that these provisions gave the MBRRB undue powers to take over private residential complexes by force, encroaching on the rights of property owners. The legal fight lasted more than three decades, ending with a final judgment by the …

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Freedom of Speech vs. Hate Speech: A legal Perspective  

ABSTRACT This research will discuss the legal study about freedom of speech against hate speech. the constitution provides some fundamental rights to Indian citizen. To maintain the dignity among state and citizen. The provision under Article 19 in Indian constitution provides some basic fundamental rights in which Article 19 sub clause (a) discusses freedom of …

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CONSTITUTIONAL IMPERATIVES OF ENVIRONMENTAL LAW

ABSTRACTEnvironmental protection is an imperative for sustainable development and the survival of human beings. Not only it is the question of the living system of the very Earth but its existence. The Indian Constitution, through judicial interpretations and provisions thereof, has created a strong legal framework for protecting the environment. This paper analyses constitutional provisions, judicial precedents, legislative acts, and amendments shall serve as the foundation of environmental jurisprudence in India. The paper also identifies historical developments, leading judgments, and challenges and proposes some improvements for proper environmental governance. 1.INTRODUCTIONProtection of the environment is a necessary component of governance, …

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CASE COMMENT: JUST RIGHTS FOR CHILDREN ALLIANCE & ANR. V. S. HARISH & ORS.

Citation: 2024 INSC 716 Bench: CJI Justice D.Y. Chandrachud, Justice J.B. Pardiwala. FACTS Police were informed on January 29, 2020, that S. Harish, the respondent, was ingesting CESAM, or under the POCSO Act, child pornography. The inquiry found that Harish had downloaded content to his phone that showed kids engaging in sexual activity. Then, per …

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Decriminalization of attempt to suicide in the light of Mental-Healthcare laws in India.

Abstract:  Life is a precious gift, though not everyone receives it well. Few people take this extreme step of suicide commitment wherein a person takes away his own life. But not everyone is successful in such attempts, suicide itself is not punished but the attempt, abatement and assisting suicide is punished in many parts of …

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Maintenance under guardian and wards act, 1890: An Interpretative Analysis in Light of Contemporary Custody Battles

ABSTRACT This study explores how the Guardians and Wards Act of 1890 should be interpreted and used, focusing on support for youngsters in current custody issues. Although the statute specifies the statutory requirements for selecting parents and their responsibilities, it does not mention financial support to promote child welfare. Despite the lack, the paper contends …

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Internal Disturbance and the Role of the State A Legal Analysis of the Manipur Violence under the Constitution

Abstract: The internal strife within the country greatly jeopardizes the nation’s stability, governance, and constitutional order. The phenomenon of the Manipur conflict showcases unresolved ethnic clashes, poor governance, and defined legal ambiguities concerning internal disturbances. This work seeks to understand the role of the state and of the Union government in maintaining order and law …

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Fraudulent Trading in Voluntary Liquidation

Abstract This paper explores the legal complexities of fraudulent trading during voluntary liquidation, focusing on the implications for corporate governance and creditor protection. It examines legislative frameworks, key case laws, and the challenges in proving fraudulent intent. The study compares Indian laws with international practices and suggests reforms to strengthen corporate accountability. Keywords Fraudulent Trading, …

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LEGAL STRATEGIES FOR BALANCING ENERGY SECURITY AND TRANSITION: ADDRESSING RECENT DEVELOPMENTS AND CHALLENGES. 

ABSTRACT  Energy security and the shift to renewable energy sources are two of the most pressing global issues, and growing economies like India’s face them directly. As India pushes toward clean energy adoption to combat climate change, it must also secure reliable energy supplies to meet the growing needs of its population and economy. This …

LEGAL STRATEGIES FOR BALANCING ENERGY SECURITY AND TRANSITION: ADDRESSING RECENT DEVELOPMENTS AND CHALLENGES.  Read More »

CASE ANALYSIS – KALPRAJ DHARAMSHI VS KOTAK INVESTMENT ADVISORS LTD. (2021)

CITATION Kalpraj Dharamshi v. Kotak Investment Advisors Ltd. (2021) SCC OnLine SC 204 FACTS OF THE CASE This case arose from the Insolvency and Bankruptcy Code, 2016 (IBC) proceedings, specifically focusing on the resolution process of Ricoh India Ltd., a company facing insolvency under the IBC. Ricoh India Ltd. was admitted for corporate insolvency resolution …

CASE ANALYSIS – KALPRAJ DHARAMSHI VS KOTAK INVESTMENT ADVISORS LTD. (2021) Read More »

CASE COMMENT FRANK VITUS V/S NARCOTICS CONTROL BUREAU & ORS Supreme Court of India ( 2024 INSC 479 )

Name of Parties     : Appellant       –     Frank Vitus          : Respondents  – 1. Narcotics Control Bureau             2. Union of India  Nature of Case      : Criminal Appeal  Case Number        : Crl. A. No. 2814/2024 Bench                     : Hon’ble …

CASE COMMENT FRANK VITUS V/S NARCOTICS CONTROL BUREAU & ORS Supreme Court of India ( 2024 INSC 479 ) Read More »

Aligarh Muslim University & Ors. v. Naresh Agarwal & Ors. (2024 SC 3213)

By: G. Harini 4th Year B.A.L.L.B., Government Law College, Theni. Introduction The case of Aligarh Muslim University & Ors. v. Naresh Agarwal & Ors. (2024) is a landmark judgment by the Supreme Court of India, addressing Aligarh Muslim University’s (AMU) minority status. The core question before the Court was whether AMU, which was formally established …

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STUDY OF INTERNATIONAL CHILD PROTECTION LAWS VERSUS POCSO IN CASE OF ADOLESCENT RELATIONSHIPS

ABSTRACT This research paper examines adolescent relationships and legality of sexual relations arising out of them under POCSO act and international child protection laws emphasizing the criminalization of consensual relationships. This paper further understands how different countries perceive and regulate adolescent relationship and the influence of cultural factors on legal framework while also examining its …

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Judicial Trends on Exclusive Territorial Agreements in Vertical Restraints: Case-Based Examination of AAEC

Exclusive territorial agreements adversely affect the competition in the market, as well as the market entry in certain cases. This research article examines the evolving judicial trends on exclusive territorial agreements in vertical restraints, focussing on judgments given by the Competition Commission of India (hereinafter called as ‘CCI’). Through a case-based analysis, this paper delves …

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Strengthening India’s Regulatory Framework for Drugs and Cosmetics: Bridging Legal Gaps and Ensuring Global Compliance.

By: G. Harini 4th Year B.A.L.L.B., Government Law College, Theni. Abstract: The regulation of drugs and cosmetics in India is crucial in ensuring public health by maintaining product safety, efficacy, and quality. Despite the Drugs and Cosmetics Act, of 1940, and subsequent amendments, the regulatory framework faces persistent challenges such as the prevalence of spurious …

Strengthening India’s Regulatory Framework for Drugs and Cosmetics: Bridging Legal Gaps and Ensuring Global Compliance. Read More »

FROM ANNOYANCE TO OFFENCE: THE SHIFTING SANDS OF PUBLIC NUISANCE

ABSTRACT Public Nuisance, Is A Tortious Liability or Criminal Liability? Has Remained Mystery, Suffering from Its Schizophrenic Nature As Both Crime And Civil Action; the law of public nuisance is in some aspects uncertain and ill-defined, this acknowledges the complexities and ambiguities in the legal framework. This paper enlightens the topic with the help of …

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EFFECT OF UNILATERAL MISTAKE ON THE FORMATION OF CONTRACTS

ABSTRACT:  In contract law, mistakes and misrepresentations can significantly affect the validity and enforceability of agreements. This paper provides a detailed examination of the concept of unilateral mistake on the formation of contracts as outlined in the Indian Contract Act, 1872. This paper explores the legal principles governing unilateral mistakes, the judicial approach in common …

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Copyright Law And The Digital Single Market : A Review Of The UK Legislation And EU Directives 

Abstract  The European Union directive on the digital single market aims to address ongoing concerns regarding online content and media. The directive seeks to promote innovation, protect the interests of creators, and establish a balance among the various stakeholders involved. By clarifying responsibilities, the EU aims to create a more transparent and accountable digital environment. …

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Use of Force by Law Enforcement: Evaluating Human Rights Frameworks on Police Brutality. 

Abstract  This article examines police brutality through the lens of international human rights frameworks, assessing their effectiveness in regulating law enforcement’s use of force. Using a qualitative legal methodology, it analyzes key instruments such as the International Covenant on Civil and Political Rights (ICCPR) and the European Convention on Human Rights (ECHR) to explore principles …

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Sports Law in Developing Countries: Analyzing the unique legal and regulatory challenges sports face in developing countries.

ABSTRACT It digs deep into the different legal and regulatory issues surrounding sports development, specifically emphasizing key areas like governance, rights for athletes, commercialization, anti-doping practices, and development of infrastructural systems. International organizations, for example, the role of FIFA, as well as the International Olympic Committee, determine how these factors can impact sports law within …

Sports Law in Developing Countries: Analyzing the unique legal and regulatory challenges sports face in developing countries. Read More »

Prithviraj Chauhan v. Union of India (2020)

FACTS OF THE CASE Prithviraj Chauhan v. Union of India (2020) was the case that raised questions about the constitutionality of Section 18-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, as introduced through the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018. The said amendment was designed …

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Navigating the skies : an analysis of emerging trends and challenges in Indian Aviation Law 

ABSTRACT – The Indian Aviation Industry has experienced rapid growth in recent years, driven by increasing demand for air travel and cargo services. However, this growth has also highlighted the need for a comprehensive and effective regulatory framework to govern the industry. This paper provides an in-depth analysis of Indian aviation law, tracing its evolution …

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Regulating Surrogacy in India: A Legal and Ethical Enquiry

Introduction In surrogacy, a woman, referred to as the surrogate, bears and gives birth to a child on behalf of a different person or couple, known as the intending parents. Those who are unable to conceive naturally because of infertility, certain medical disorders, or certain health hazards related to pregnancy usually seek this arrangement. There …

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CASE COMMENT : PRATHVI RAJ CHAUHAN VS UNION OF INDIA AND OTHERS

CASE NAME – PRATHVI RAJ CHAUHAN VS UNION OF INDIA AND OTHERS Appellant : Prathvi Raj Chauhan Respondent: Union of India and others Date of Judgement: 10 February,2020 Court: Supreme Court of India Bench: Justice Arun Mishra, Justice Vineet Saran, Justice S. Ravindra Bhat Citation: Writ Petition (C) NO.1015 of 2018 The case of Prathvi …

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The Impact of Political and Ideological Attacks on the Efficacy of Prioritization Model in Legal Aid Services

 Abstract         The research paper explores the impact of political and ideological attacks on the effectiveness of prioritization models in India’s legal aid services. It highlights the financial constraints and operational challenges faced by legal aid, which are crucial for ensuring justice for marginalized groups. The study also discusses the negative effects of resource rationing, funding …

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Central Organisation for Railway Electrification vs ECI SPIC SMO MCML (JV) A Joint Venture Company

Table of Contents S. No. Content Page No. 1 Facts 1 2 Issues Raised 2 3 Contentions 3-6 4 Rationale 7-8 5 Defects of Law 9 6 Inference 10 7 References 11 FACTS ISSUES RAISED P.S. Narasimha J. reframed the above issues as: Whether an arbitration agreement’s appointment process, which allows an interested person (w.r.t …

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“SECURING DIGITAL INDIA: CYBERSECURITY MEASURES AND HUMAN

RIGHTS IMPLICATIONS. ABSTRACT In today’s era cyber security plays a very major role in the development of the society. Where data has become a sensitive information which can be easily access by anyone in the public domain. With the exponential increase in internet user has led to major issue of “right to privacy”. Whereas India …

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Title: The Evolution of Intellectual Property Rights in the Digital Age

Abstract This paper explores the challenges and adaptations of intellectual property (IP) laws in response to advancements in digital technology. It examines key legislative changes, landmark cases, and the impact of globalization on IP enforcement. The paper also proposes strategies for harmonizing IP rights across jurisdictions while balancing innovation and public interest. Keywords : Intellectual …

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Case Commentary: Probhat Purkait @ Provat vs. The State of West Bengal (2023)

1. Introduction:The case of Probhat Purkait @ Provat vs. The State of West Bengal (2023) brings to light significant legal questions regarding the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and the Indian Penal Code (IPC). This case is particularly crucial in understanding how Indian courts interpret statutory provisions concerning adolescent consensual …

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Title: Legal Requirements for Executing a Valid Power of Attorney Abstract

The method of doctrinal legal research, comparative and analytical, is used by the study for the purpose of inquiring into the legal framework controlling Powers of Attorney (POA) in India. The present research focuses its attention on a statutory analysis of the Powers of Attorney Act 1882 as well as similar laws, followed by a …

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