Publications

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 …

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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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Systematic Corruption in Healthcare Procurement: A Study of the Indian Experience and the Role of Law in Addressing It

ABSTRACT Healthcare serves as the Backbone of public well-being in any society. It is an organized pattern of broad services that aims to improve health of a person by preventing, diagnosing, or ameliorating a disease. Nonetheless, the healthcare sector’s ability to achieve its goal of enhancing health through prevention, diagnosis, and treatment is severely hindered …

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Decriminalising Begging in India: A Shift Towards Social Justice and Rehabilitation

Shreya Sriram ABSTRACT The decriminalisation of begging in India has provoked great debates concerning the implications it carries for human rights, social justice, and the role of the state in addressing poverty. Historically, begging has been treated as a criminal offence, but that approach does not seek to address the systemic causes of poverty and …

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CASE COMMENT ALIGARH MUSLIM UNIVERSITY THROUGH ITS REGISTRAR FAIZAN MUSTAFA vs NARESH AGARWAL. 

CASE NAME –   ALIGARH MUSLIM UNIVERSITY THROUGH ITS REGISTRAR FAIZAN MUSTAFA vs NARESH AGARWAL.  FACTS –  The issue that is being dealt with is Aligarh Muslim University’s minority status under Article 30(1) of the Constitution of India. In 1920, the AMU remained a university under the Aligarh Muslim University Act that changed the Mohammad …

CASE COMMENT ALIGARH MUSLIM UNIVERSITY THROUGH ITS REGISTRAR FAIZAN MUSTAFA vs NARESH AGARWAL.  Read More »

Constitutional Justice for Woman: The Role of Article 14 & Article 15 Abstract

The Indian Constitution, as a beacon of equality and justice, enshrines the principles of equality and non-discrimination through Articles 14 1 and 15 2 . These provisions guarantee equal protection under the law and prohibit discrimination on the basis of sex, among other grounds, while allowing affirmative measures to promote women’s welfare. Over the decades, …

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CYBERSECURITY CHALLENGES IN AUTONOMOUS VEHICLES AND RANSOMWARE ATTACKS 

ABSTRACT  Semi-autonomous or level 1-3 autonomous vehicles refer to those vehicles which require human intervention. On the other hand, autonomous vehicles are those that do not require any kind of human intervention to control the system and function on interwoven systems of sensors, networks, and intricate algorithms, which makes them vulnerable to cybersecurity threats, data …

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Digital evidence and how it helps in investigation

LIST OF CONTENT  LIST OF ABBREVIATIONS  ABSTRACT  In the contemporary landscape of cybercrime, electronic evidence has emerged as a pivotal element in forensic investigations and legal proceedings. This research delves into the multifaceted aspects of electronic evidence within the monarchy of cyber forensics, emphasizing its significance in uncovering and substantiating cybercrimes. The study explores various …

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A study on Innovation Policy and Patent Law: Impact on Technology and Economic Growth

By Parag Awadhiya Student B.A. LL.B. Affiliation Institution: Balaji Law College, Savitribai Phule Pune University, Pune, Maharashtra DECLARATION BY THE STUDENT I hereby declare that “A study on Innovation Policy and Patent Law: Impact on Technology and Economic Growth” is the result of the project work conducted by me in partial fulfillment for submission for …

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Vishal Tiwari vs Union Of India on 3 January, 2024 

Facts of the case   Adani is a large Indian multinational company located in Ahmedabad, it was lunched at 1988 by Gautam Adani who was considered as the third richest man in the world.  The company has extensive interests in many sectors, including energy, real estate, logistics  and infrastructure.  Hindenburg Research is an independent investment focusing …

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Legal Issues and Liability of Autonomous Ships: An Analytical Study on the Application of International Maritime Law 

Abstract:  This research explores the legal challenges associated with autonomous vehicles, with a primary focus on analyzing existing legislative frameworks and evaluating their adequacy in addressing the complexities of this technology. The study proposes innovative legal solutions to achieve a balance between fostering technological advancements and ensuring legal accountability. Additionally, the research emphasizes the importance …

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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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Brij Narayan Shukla (Deceased) through Legal Representatives vs. Sudesh Kumar alias Suresh Kumar (Deceased) through Legal Representatives and Others

CITATION (2024) 5 SCC 1 YEAR OF JUDGMENT 2024  STATUTES REFERRED IN THIS CASE: Property Law, Limitation Act 1963, Doctrine of Adverse Possession PLAINTIFF Brij Narayan Shukla (Deceased) through Legal Representatives  DEFENDANT Sudesh Kumar alias Suresh Kumar (Deceased) through Legal Representatives  BENCH Justices S. Radhakrishnan and P. Deshmukh 1. FACTS Brij Narayan Shukla (Deceased) through …

Brij Narayan Shukla (Deceased) through Legal Representatives vs. Sudesh Kumar alias Suresh Kumar (Deceased) through Legal Representatives and Others Read More »

DATA PROTECTION AND PRIVACY: CHALLENGES AN OPPORTUNITIES IN THE DIGITAL AGE

ABSTRACT The increasing digitization of our world has brought about profound shifts in the way personal data is collected, processed, and used. In this context, data protection and privacy have become central concerns, not only for individuals whose personal information is at risk but also for governments and corporations seeking to comply with legal standards …

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RESEARCH ARTICLE Rethinking Doping in Sports: A Multidisciplinary Approach to Policy Reform and Athlete Well-Being

Abstract The selected research article relates to doping in sports with reference to addiction, socioeconomic status, and past measures against doping. Besides, it rejects the current consequences-treatment model and supports the preventive-therapeutic model, which has placed emphasis on preventing problems before they occur. Self-generated survey questionnaires administered to athletes, coaches, and sports administrators suggested that …

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The Role of Artificial Intelligence in Shaping Intellectual Property Laws: Challenges and Opportunities

Abstract The advent of Artificial Intelligence has brought a transformation in the industries worldwide. It has created novel challenges and opportunities within the framework of intellectual property laws. Artificial Intelligence systems are getting upgraded constantly and have now become capable of producing creative works which calls into question the adequacy of the existing legal framework …

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Trade secrets v/s Patents: choosing the right intellectual property protection

ABSTRACT The selection between exchange secrets and techniques and patents is a key attention for businesses searching for to defend their intellectual belongings (IP) and keep a competitive part. both methods provide distinct blessings and disadvantages, and the selection depends on the character of the IP, risks concerned, and strategic goals. Trade secrets shield private …

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SAMEER WADEKAR AND ANOTHER V. NETFLIX ENTERTAINMENT SERVICES PVT. LTD

CITATION: 2020 SCC Online Bom 659 JUDGE: K.R. Shriram J. PLAINTIFF: Sameer Wadekar and Another DEFENDANT: Netflix Entertainment Services Pvt. Ltd. Facts of the Case:  The case arose from allegations of copyright infringement made by scriptwriter Sameer Wadekar and his co-writer against Netflix amusement services Pvt. Ltd., pink Chillies entertainment, and other related events. The …

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KD Gold and Diamonds private limited vs. M/S Khimji and Sons

(2023)12 OHC CK 0037FAO No.105 of 2023Decided on: 11-12-2023 Abstract:  In this case the plaintiff and the defendant was cousins, belong from one family having the common ancestor namely Dayabhai Ramjibhai Nanda. He had four sons, namely, Chaturbhuj, pragji, Khimji and Harilal. The plaintiff’s whole business run by the son/grandson of Chatubhuj Dayabhai Nandha. This …

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Insider trading: legal perspectives and market impact

Abstract-  Insider trading involves the buying or selling of stocks, bonds, or other securities by individuals who have access to material, non-public information about a company. This information is considered ‘material’ because it could influence a reasonable investor’s decision to buy or sell a security if it were made available to the public. ‘Non-public’ means …

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Emerging IP Regime in Pharma Industry: A Challenge in Balancing the Interest of Developing Nations

Abstract  The growing magnitude of IP regime in Pharma industry is like a double edge sword which provide exclusive monopoly alongside financial benefit. In emergence of IP protection laws and its penetration in pharmaceutical industries are posing various challenges before developing nations. The dilemma around commercial nature of IP and right to health responsibility arises …

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Case Comment: THE ANIMAL WELFARE BOARD OF INDIA & ORS V. UNION OF INDIA & ANR.

WRIT PETITION (CIVIL) NO. 23 OF 2016; MAY 18, 2023 Facts of the Case In this case the three state legislations were challenged. It includes The Prevention of Cruelty to Animals (Tamil Nadu Amendment Act) 2017, The Prevention of Cruelty to Animals (Maharashtra Amendment Act) 2017 and The Prevention of Cruelty to Animals (Karnataka Amendment …

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THE LAW OF NEGLIGENCE : Understanding Duty, Breach, and Causation

ABSTRACT  A fundamental component of tort law is the law of negligence, which deals with situations in which injury results from a failure to exercise reasonable care as opposed to deliberate misconduct. This article examines the three crucial elements—duty of care, violation of duty, and causation—necessary to prove negligence. These components work together to create …

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THE RAM JANMBHOOMI CASE : M Siddiq (D) Thr Lrs vs Mahant Suresh Das & Ors

ABOUT THE CASE: TITLE OF THE CASE: M Siddiq (D) Thr Lrs vs Mahant Suresh Das & Ors  CITATION: AIRONLINE 2019 SC 1420, APPELLANT: M Siddiq (D) Thr Lrs RESPONDENT: Mahant Suresh Das & Ors DATE OF JUDGEMENT:  9 November, 2019 BENCH: CJI Ranjan Gogoi, Justice Ashok Bhushan, Justice SA Bobde,  Justice DY Chandrachud, and …

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Legal Protections Against Online Shopping Scams in India

Nitesh Kadam – B.B.A LL.B University of Mumbai Thane Sub-Campus Abstract The integration of technology has resulted in the rapid growth of e-commerce sector in India. Every seller is trying to expand its business across the country by selling goods and services online on e-commerce platforms and making it convenient to purchase goods and services …

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UNPACKING THE LEGAL IMPACTS OF THE RIGHT TO BE FORGOTTEN

ABSTRACT The right to be forgotten has increasingly become an intrinsic part of legal discussions surrounding privacy, freedom of expression and fundamental rights. This research seeks to explore the evolution of this right, its legal implications, and its impacts across different parts of the world, with particular emphasis on India. In an era dominated by …

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FROM FARM TO FORK: A CRITICAL ANALYSIS OF ADULTERATION AND EFFECTIVENESS OF FOOD SAFETY LAWS IN INDIA

Abstract Food safety is a fundamental issue affecting the lives and health of many. India with its vast and diverse food sector faces a persistent problem of adulteration and food contamination. Ranging from food sold loose by vendors on the street to packed food produced in factories and industries on a large scale, food adulteration …

FROM FARM TO FORK: A CRITICAL ANALYSIS OF ADULTERATION AND EFFECTIVENESS OF FOOD SAFETY LAWS IN INDIA Read More »

Uniform Civil Code: Exploring The Historical Development and Implementation Challenges

Abstract The research paper investigates the Uniform Civil Code (UCC) through an analysis of its historical development. This study explores the historical development of a Uniform Civil Code alongside international viewpoints and implementation challenges. It provides historical analysis while working towards creating standardized personal laws across multiple religions. This paper examines the historical roots of …

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Black court syndrome on delayed justice: An analysis

Abstract:   The judiciary, recognized as the third branch of government, is regarded by the populace as the sole independent entity, fostering trust among citizens due to its impartiality and autonomy from other governmental branches. Despite being the most trusted institution, it is increasingly losing its significance as a result of delays in the administration …

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Judicial verdict on SC/ST sub-classification: Bridging gaps and deepening divisions

Abstract On August 1, 2024, a landmark decision by a 7-member bench of the Supreme Court of India addressed a contentious issue that has sparked debate since independence. In a historic move, the Court opened the door for the sub-classification of Scheduled Castes (SC) and Scheduled Tribes (ST), delivering its judgment with a 6:1 majority. …

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Biotechnology and Public Health: Exploring the intersection of IPR and Access to Medicines in India, Especially in Light of Global Health Challenges and Patent Law Interpretations

Abstract: Biotechnology, a multidisciplinary field that harnesses biological processes to develop innovative products and technologies, has been transforming various sectors, particularly healthcare. This overview provides a comprehensive glimpse into biotechnology’s vast and rapidly evolving domain, showcasing exciting projects and developments from leading experts in the field. Biotechnology has revolutionised numerous areas, from disease diagnosis and …

Biotechnology and Public Health: Exploring the intersection of IPR and Access to Medicines in India, Especially in Light of Global Health Challenges and Patent Law Interpretations Read More »

STATE OF MAHARASHTRA & ORS V. PRADEEP YASHWANT KOKADE & ANR.

(2010) 12 SCC 669 FACTS: The facts of this case involve a government servant, Pradeep Yashwant Kokade, who was held back for promotion on the basis that a criminal proceeding was filed against him. Kokade, otherwise having a stellar service record, got into a legal and administrative limbo due to charges of misconduct. The criminal …

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THE EFFECTIVENESS OF REHABILITION PROGRAMS FOR FIRST TIME OFFENDERS

ABSTRACT This paper examines the rehabilitation programs aimed at the first time offenders and how they may be linked to lowered rates of re-offending as well as successful integration into the society. Rehabilitation programs provide the offenders with the means to understanding what prompted them to commit the crime and how to avoid doing so …

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“EVALUATING THE SUFFICIENCY OF ADVOCATE SALARIES”

ABSTRACT: Advocates are the guardians of justice, a defender of human rights, and a trusted advisor to clients, while upholding the highest standards of professionalism, ethics, and integrity. This abstract discusses the various factors influencing advocates’ compensation, cost of living, and the value of legal services provided. It also examines the implications of insufficient salaries …

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CASE COMMENT ALIGARH MUSLIM UNIVERSITY THROUGH ITS REGISTRAR FAIZAN MUSTAFA V. NARESH AGARWAL

FACTS Muhammadan Anglo-Oriental (MAO) College was established in 1875 in Aligarh as a teaching institution. This college later came to be known as Aligarh Muslim University through the AMU Act 1920. This Act was amended by the University in 1951 and 1965. These amendments were related to the religious instructions and the administration of the …

CASE COMMENT ALIGARH MUSLIM UNIVERSITY THROUGH ITS REGISTRAR FAIZAN MUSTAFA V. NARESH AGARWAL Read More »

Comparing the Impact of Rehabilitation Programs and Punitive Measures in Criminal Justice

Prathibha Madagouni, BA LLB, Fifth Year Student, Dr B.R. Ambedkar Law College, Hyderabad Abstract This research paper critically compares the impact of rehabilitation programs and punitive damages while focusing on their meanings and their practicability in the criminal justice area. This paper highlights how rehabilitation is a more successful method than punishment, as rehabilitation programs …

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DIGITAL PERSONAL DATA PROTECTION ACT 2023: THE KEY TO SAFEGUARD THE RIGHT TO PRIVACY 

ABSTRACT The Digital Personal Data Protection Act, 2023 (DPDPA 2023) is landmark legislation introduced by the Indian government to regulate the processing of personal data. It seeks to balance between individuals’ right to safeguard their personal data and the necessity of processing data for legitimate purposes. The foundation for the enactment of this act was …

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MARITIME DISPUTES IN THE INDIAN OCEAN 

AND INDIA’S LEGAL STANCE The Indian Ocean, a critical region for global trade and geopolitics, is increasingly beset with maritime disputes over territory claims, resource rivalry, and navigational rights. This paper attempts to examine the maritime disputes and challenges, emphasizing India’s legal position and its compliance with international frameworks, notably the United Nations Convention on the …

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Case Comment Supriyo @ Supriya Chakraborty & Anr. v. Union of India & Ors.

Citation: (2023) SCC (Supreme Court of India)Bench: Hon’ble Chief Justice of India Dr. D.Y. Chandrachud, Hon’ble Justice Sanjay Kishan Kaul, Hon’ble Justice S. Ravindra Bhat, Hon’ble Justice Hima Kohli, and Hon’ble Justice P.S. Narasimha 1. Facts The case arises out of petitions filed before the Supreme Court of India seeking legal recognition of same-sex marriages …

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Copyright and plagiarism enforcement in academics 

Abstract  This study examines the enforcement of copyright and plagiarism within the academic realm, addressing the associated challenges and mechanisms involved. The internet serves as a vast repository of information and resources, and the utilization of online sources in scholarly research raises significant concerns regarding proper attribution and the potential for copyright infringement. The question …

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The Viral Economy: Meme Coins at the Crossroads of Culture and Law

ABSTRACT- The emergence of meme coins as a branch of cryptocurrency which was created based on ideas derived from internet memes and viral trends. This paper highlights fascinating interconnection between digital cultures, finance, and the legal nature in general. These assets like Dogecoin, Skibidi, Gigachad, Pepe the frog and Chill Guy have attracted attention from …

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Dara Lakshmi Narayana vs. The State of Telangana (2024)

FACTS The marriage between the appellant, Dara Lakshmi Narayana, and the respondent, a woman from Telangana, was solemnized on March 8, 2015. The respondent accused the appellant of harassing her for additional dowry after the marriage, even though a significant amount of dowry had been provided by her father. The dowry included ₹10 lakh in …

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FROM POLICIES TO PERILS: THE IMPACT OF CYBER THREATS

ABSTRACT The insurance sector has evolved dramatically during the previous few decades. One reason driving this transition is the ongoing generation of huge volumes of data that must be correctly processed to be efficiently utilised. Data privacy has become an increasingly important concern in today’s digital world, particularly in companies that rely on sensitive information, …

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ASSESSING THE EFFECTIVENESS OF RESTORATIVE JUSTICE IN REDUCING RECIDIVISM IN INDIA

ABSTRACT: Due to rising recidivism, restorative justice acts as an efficient method to deal with the situation. This research endeavours to provide a comprehensive understanding of recidivism and restorative justice, exploring the fundamental concepts, theories, and principles that underpin these phenomena. Specifically, this study delves into the sociological concept of recidivism, examining its global implications …

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REGULATING THE DIGITAL FRONTIER: LEGAL CHALLENGES AND SOLUTIONS FOR NFTS AND CRYPTOCURRENCIES

ABSTRACT The groundbreaking technological and social shifts brought about by cryptocurrencies and non-fungible tokens have given rise to a plethora of legal issues that demand flexible regulatory policies. They encompass ownership rights, intellectual property rights, fraud prevention mechanisms, consumer protection policies and ecological considerations concerning the use of them. The primary source of litigation lies …

REGULATING THE DIGITAL FRONTIER: LEGAL CHALLENGES AND SOLUTIONS FOR NFTS AND CRYPTOCURRENCIES Read More »

ACCOUNTABILITY AMID ATROCITY : CHALLENGES AND EVOLVING JURISPRUDENCE IN GENOCIDE

Abstract: This project delves into the complexities of accountability in the context of genocide, the most egregious violation of human rights. Despite the existence of the 1948 Genocide Convention, which obligates states to prevent and punish genocide, the international community continues to grapple with the challenges of holding perpetrators accountable. The project critically examines the …

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Case Comment Kunhimuhammed @ Kunheethu vs The State Of Kerala

1. Facts Kunhimuhammed @ Kunheethu v. The State of Kerala centres on a bloody brawl motivated by political enmity. On April 10-11 night, the tension between United Democratic Front (UDF) and Left Democratic Front (LDF) members led to an unfortunate incident. The appellant, one Kunhimuhammed @ Kunheethu, was accused of masterminding an attack on members …

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