Publications

ENVIRONMENTAL PROTECTION IN INDIA’S SPACE PROGRAM: THE NEED FOR A COMPREHENSIVE SPACE LAW

ABSTRACT As each country is tightening its environmental protection laws and stressing on every citizen’s responsibility to maintain a clean surrounding, one might wonder who is responsible for clearing the mess that we have created in the space above us. This paper advocates that regulating space pollution is as crucial as regulating the pollution on …

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INTERNATIONAL LEGAL FRAMEWORK FOR ADDRESSING TERRORIST ORGANIZATIONS AUTHORITIES: CHALLENGES AND PROSPECTS

ABSTRACT This study provides an in-depth analysis of the legality of terrorist organization authorities, the various mechanisms used to counter that governance through international treaties and conventions meant to protect the rights and liberties of individuals in such conflict-hit zones, and the intricate complexities in its enforcement. A brief history of terrorist governments formed worldwide …

INTERNATIONAL LEGAL FRAMEWORK FOR ADDRESSING TERRORIST ORGANIZATIONS AUTHORITIES: CHALLENGES AND PROSPECTS Read More »

Title: Cyber Voyeurism in the Age of Artificial Intelligence: Legal Challenges and Frameworks in Combating Digital Privacy Invasions in India

ABSTRACT Cyber voyeurism in the digital age has become an increasingly significant issue, exacerbated by the rapid development of artificial intelligence (AI) technologies. These technologies, including facial recognition, deepfake creation, and automated surveillance systems, have not only transformed how privacy is violated but have also made these violations more pervasive, sophisticated, and harder to detect. …

Title: Cyber Voyeurism in the Age of Artificial Intelligence: Legal Challenges and Frameworks in Combating Digital Privacy Invasions in India Read More »

TITLE Renewable Energy and Sustainable Development in India: Examining Legal Frameworks and Overcoming Regulatory Challenges

ABSTRACT India stands at the crossroads of economic growth and environmental preservation. Renewable energy is central to its strategy for sustainable development and global climate commitments. India is the third-largest consumer of electricity in the world. India’s peak demand for electricity reached a record high of 223 gigawatts (GW) in June 2023. The country’s consumption is …

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Growing Focus on AI Regulation with the EU AI Act

Abstract With the advancement of AI systems, the need for supervision that can adequately control their use is also increasing. Such rules are necessary to address potential threats to affiliates in order to protect AI operations in a risk-free manner. As well as maintaining basic rights such as privacy, equality, and responsibility. Artificial intelligence (AI) …

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ABSTRACT

Trademark law in India serves broader functions beyond the traditional purpose of distinguishing goods and services. One of its key roles is the protection of cultural heritage, particularly concerning traditional knowledge and indigenous symbols. This research explores how trademark law in India safeguards indigenous communities’ cultural identity through geographical indications (GIs) and collective marks. The …

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“A Navigation to the Double-Edged Sword: Legal and Ethical Implications of False Complaints under the POSH Act, 2013”

Abstract  The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) was enacted with the aim to safeguard women from the unjust sexual harassment that take occur in workplaces in every field across India. While this Act serves as a crucial legal framework with the aim to protect women’s dignity, …

“A Navigation to the Double-Edged Sword: Legal and Ethical Implications of False Complaints under the POSH Act, 2013” Read More »

Evolving legal standards for data privacy in the Digital Age

Abstract In the digital era, rapid technological progressions have revolutionized the landscape of data gathering, processing, and storage, prompting substantial worries about data privacy. This abstract investigates the changing legal requirements for data privacy, analysing how different jurisdictions are altering their regulatory frameworks to handle the complexity brought on by current technology. Traditional privacy rules, …

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ROLE OF DOUBLE TAXATION AVOIDANCE AGREEMENT (DTAAs) IN MITIGATING CROSS-BORDER TAXATION CHALLENGES IN INDIA : A CRITICAL EVALUATION

ABSTRACT  Double Taxation Avoidance Agreements (DTAAs) form the backbone of international tax cooperation, eliminating economic inefficiencies and administrative burdens in double taxation in different jurisdictions on the same income. These bilateral treaties are not only to reduce tax liabilities but also to promote a predictable and stable environment for international trade and investment. With globalization …

ROLE OF DOUBLE TAXATION AVOIDANCE AGREEMENT (DTAAs) IN MITIGATING CROSS-BORDER TAXATION CHALLENGES IN INDIA : A CRITICAL EVALUATION Read More »

Immigration & Deportation Laws in India vis – a vis USA: A Comparative Analysis 

ABSTRACT This Research Paper delves into the Immigration and Deportation Laws of India as well as United States of America. It does a comparative Analysis of Immigration and Deportation Laws prevalent in both the countries. It delves into deeper understanding of the necessity and history of those laws. It mainly focuses how the immigration laws …

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Case Comment Competition Commission of India v. Amazon.com NV Investment Holdings LLC (2024)

Facts The lawsuit involving the Competition Commission of India (CCI) and Amazon.Com NV Investment Holdings LLC over a 2024 product has raised serious allegations against Amazon. The charges accuse Amazon of misleading regulators and withholding detailed information. Soft about the acquisition process. This includes forty-nine ownership interests in Future Coupons Pvt Ltd (FCPL). This acquisition …

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Union of India and Ors. v. M/s. B.T. Patil and Sons Belgaum (Construction) Pvt. Ltd.

Facts of the Case M/s. B.T. Patil and Sons Belgaum (Construction) Pvt. Ltd. (“the Respondent”) was a class-I contractor with a focus on hydroelectric power and funneling projects, among other civil contract works. The International Bank for Reconstruction and Development’s funding for the Koyna Hydro Electric Power Project was authorized by the Central Government. A …

Union of India and Ors. v. M/s. B.T. Patil and Sons Belgaum (Construction) Pvt. Ltd. Read More »

The Silent Crime: The Case for Criminalizing Marital Rape in India 

Abstract  Marital rape, a type of sexual abuse is committed within the framework of marriage, reveals a substantial gap in legal protections for women, especially in nations such as India, where marriage is frequently regarded as an inviolable institution. Historically, marriage has been regarded as a legal union in which a wife’s permission to sexual …

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Women, Cybercrime, and Law: Evaluating India’s Legal Landscape 

Abstract  According to NCRB findings, 65,893 people in one lakh are victims of cybercrime. The Internet has become a large part of our lives, considering how we depend on it for even the smallest of necessities. This has given criminals an opportunity to attack the vulnerable links in the digital platform, exploring several ways to …

Women, Cybercrime, and Law: Evaluating India’s Legal Landscape  Read More »

THE RIGHT TO BE FORGOTTEN: GLOBAL PERSPECTIVES 

AND CHALLENGES  ABSTRACT:  The right to be forgotten (RTBF) is a fundamental concept in privacy law that empowers individuals to request the removal of certain personal information from search engines and online platforms. This right is rooted in the broader context of data protection and privacy, responding to the growing concerns about the long-term availability …

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AN ANALYSIS OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

ABSTRACT The criminal procedure in India, primarily influenced by British colonial rule, encompasses the Code of Criminal Procedure, 1898, which served as the basis for the current Code of Criminal Procedure, 1973 (CrPC). The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), scheduled to be implemented on July 1, 2024, intends to replace the current CrPC with …

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Aliyathammuda Beethathebiyyappura Pookoya vs. Pattakal Cheriyakoya(AIR 2020 SC 2892)

Aliyathammuda Beethathebiyyappura Pookoya vs. Pattakal Cheriyakoya(AIR 2020 SC 2892) By Anshika Suryavansh  Damodarram Sanjivayya National Law University 1. FACTS The Andrott Jumah Mosque, located in Lakshadweep, was built in the seventh century and attributed to Saint Ubaidulla, who is claimed to be its first muttawali. The mosque is registered under the Wakf Board of Lakshadweep. …

Aliyathammuda Beethathebiyyappura Pookoya vs. Pattakal Cheriyakoya(AIR 2020 SC 2892) Read More »

Effect of deficit stamp duty on arbitration  agreement 

Author’s Name: Avani Jain  Course: BBA LLB (hons.)  Year: 3rd year (6th sem)  University: SVKM’s NMIMS, School of Law, Indore campus, M.P.  ABSTRACT:  This article further explores the interaction between deficit stamp duty and arbitration agreements. It  analyzes the legal framework to ascertain whether arbitration clauses can be enforced in contracts that are  insufficiently stamped. …

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CASE COMMENT: RAMESH CHANDER v. UNION OF INDIA

INTRODUCTION: Ramesh Chander v. Union of India is a landmark case highlighting the interplay between individual rights and administrative accountability. This case revolves around the applicability of service laws, the rights of employees under constitutional provisions, and the principles of natural justice. The Supreme Court’s interpretation and stance on the issues in this case have …

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An In-Depth Analysis of Section 498A of the Indian Penal Code: Balancing Protection and Misuse

By Rashmi Singh Negi Asian Law College Abstract Section 498A of the Indian Penal Code (IPC) was introduced in 1983 to protect women from dowry-related cruelty. The law was a response to the increasing incidence of dowry-related violence and abuse in India, particularly within marriages. While the provision was well-intended, over time, it has been …

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Title: protection of data and privacy in India 

Abstract  In an era marked by the exponential growth of digital data and rapid technological advancements, the protection of personal information has become a critical concern for individuals, organizations, and governments worldwide. The impact of social media on the right to privacy has sparked significant debate, emphasizing the urgent need for robust data protection measures. …

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Climate Justice is Becoming Constitutional Rights: A New Era in India’s Legal Framework

Abstract Climate change presents an unprecedented challenge, disproportionately affecting vulnerable communities globally, including in India. Climate justice emphasizes fairness, equity, and accountability in addressing climate-related issues, ensuring the protection of marginalized groups. In India, constitutional provisions like Article 21, which guarantees the right to life, have been judicially expanded to include the right to a …

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CASE COMMENT: DAULAT SINGH (D) THR. LRS. V. STATE OF RAJASTHAN & ORS.

Citation: AIR 2021 SUPREME COURT 394 Bench: Surya Kant, S. Abdul Nazeer, N.V. Ramana Court: Supreme Court of India Facts –  The case arises out of an appeal preferred by Daulat Singh, a deceased landowner, who gave his son Narpat Singh a gift of 127.1 Bighas of land on 19.12.1963, leaving the appellant with 17.25 …

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Critical analysis of Juvenile justice cases 

Research paper by  Deepika Tumram  deepikatumram517@gmail.com  BALLB 2nd year  Govt. New Law college Indore  Madhya Pradesh  With the internship at  AMIKUS QRIAE  2024 Abstract  The Indian juvenile justice system has undergone significant transformations since the enactment of the Juvenile Justice (Care and Protection of Children) Act, 2015. Despite these efforts, the system continues to grapple …

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VANSHIKA YADAV Vs  UNION OF INDIA & ORS

SUPREME COURT OF INDIA  Writ petition (civil)No. 335 of 2024 02 August 2024 [Justice D.Y Chandrachud, CJI, Justice Manoj Mishra and Justice J.B. Pardiwala] Vanshika yadav and others…………………………..(Petitioner) Union of India and others………………………….(Respondent) Issue of the case: Whether the entire examination should be annulled due to paper leak and malpractice or whether the sanctity of …

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Case comment :  Javed Ahmad Hajam vs. State of Maharashtra 

Citation- {2024} 3 S.C.R. 317 :2024 INSC 187 https://digiscr.sci.gov.in/view_judgment?id=MzY2ODE&utm Facts— In the case of Javed Ahmad Hajam v. State of Maharashtra, the appellant, Professor Javed Ahmad Hajam, was an employee of Sanjay Ghodawat College in Kolhapur, Maharashtra. Hailing from Baramulla, Kashmir, he was a member of a WhatsApp group which included students and their parents. …

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DRUGS REGULATION AND THEIR IMPACT IN SOCIETY

ABSTRACT Drugs regulation play a critical role shaping public health, social norms, and economic landscapes. This paper examines the evolution of drug regulation in India and their multifaceted impact on society. India’s regulatory framework governed by the Drugs and Cosmetics Act,1940, and subsequent amendments, aims to ensure the quality safety and efficiency of pharmaceuticals while …

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Viability of Carbon Markets in India’s Sustainable Future

Abstract The Indian economy remains heavily reliant on fossil fuels, making it complex to grow the economy quickly and equitably while also reducing GHG emissions. Such problems are compounded by high economic inequality, in which the bottom half of the population owns only 2% of national wealth, as well as developmental challenges such as poverty, …

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CASE COMMENT ,CASE NAME: Omkar Ramchandra Gond v. Union of India and Ors.

CITATION: C.A. NO. 10611/2024 BEFORE: The Supreme Court of India HON’BLE JUDGES/CORAM: B.R. Gavai, Aravind Kumar and K.V. Vishwanathan, JJ. COUNSELS: For Appellant/Petitioner/Plaintiff: S.B. Talekar, Pradnya Talekar, Advs., Pulkit Agarwal, AOR, Sudhanshu Kaushesh, Vibhu Tandon, Madhvi Ayyapan, Ajinkya Sanjay Kale, Shreyans Raniwala, Avnish Chaturvedi, Anubhav Lamba,  Mohd. Anas Chaudhary. For Respondents/Defendant: Sharirang B. Varma, Siddharth …

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THE SUPREME COURT OF INDIA Case Name: STANDARD CHARTERED BANK VERSUS HEAVY ENGINEERING  CORPORATION LTD. & ANR. 

APPELLANT : STANDARD CHARTERED BANK RESPONDENT : HEAVY ENGINEERING  CORPORATION LTD. & ANR. Bench : Justice L. Nageswara Rao  &  Justice Ajay Rastogi Date of Judgement : December 18, 2019   Facts of the Case  In the case of Standard chartered bank VS. Heavy Engineering Corporation. Heavy Engineering Corporation, a government-owned company, aimed to establish a …

THE SUPREME COURT OF INDIA Case Name: STANDARD CHARTERED BANK VERSUS HEAVY ENGINEERING  CORPORATION LTD. & ANR.  Read More »

THE RISE OF BULLDOZER JUSTICE IN INDIA: LEGAL AND ETHICAL DIMENSIONS

ABSTRACT In recent years, the concept of “bulldozer justice” has gained attention in India as a controversial method of dealing with alleged or suspected rioters, vandals, stone pelters, minorities or the ones accused of any crime. This practice involves the demolition of properties linked to individuals accused of criminal activities, and it is often referred …

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EXPLORING THE EVOLUTION AND POTENTIAL OF SPORTS ARBITRATION IN INDIA

ABSTRACT The significance of arbitration in sports, the advantages of implementing arbitration in sports, and the reasons why an independent organization other than courts is required for conflict settlement will all be covered in the research paper. After that, the Court of Arbitration for Sports will be the main topic of the paper, along with …

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UNDERSTANDING CONTRACT: AN ANALYSIS OF ESSENTIALS OF A VALID CONTRACT

ABSTRACT A contract is an agreement between two or more parties which is defined under Indian Contract Act, 1872. The Indian Contract Act, 1872 was rooted in English law. This act outlines the essential elements of a valid contract, such as proposal, acceptance, free consent, lawful consideration, lawful object and an intention to create legal …

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Legal Frameworks for Regulating Violent Content in Video Games and Its Impact on Public Health in India

Abstract Post lockdown, the gaming industry got a huge boost and as all the people were confined to their house all day and due to the reason, games served as a way to destress but excess gaming made it very addictive which caused concerns. The sudden increase in the size of the video game industry …

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Money Laundering in casinos : Legal Frameworks and Obstacles

Abstract Money laundering in casinos has emerged as one of the most significant global issues, where criminals use these gambling platforms to hide illegal monies and make them appear legitimate. This paper attempts to analyze the legal framework that deals with money laundering in casinos and identifies causes of this problem. Another significant area of …

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Noise pollution and its effect on urban wildlife

Abstract Nowadays, noise pollution poses a serious threat to the environment, particularly in cities where it affects both wildlife and human populations. The impacts of urban noise pollution on animals are the main topic of this abstract, especially as it relates to how it interferes with foraging, breeding, and communication. Because urban noise is mostly …

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Copyright Infringement in Influencer Marketing: Legal issues of Attribution and Ownership in Collaborative Digital Content Creation

In the age of digital influence, copyright issues in influencer marketing have become a pressing concern. This article examines the legal complexities surrounding copyright attribution and ownership in collaborative digital content creation. By analysing case laws, contractual obligations, and copyright enforcement mechanisms, it highlights the challenges faced by influencers and brands. The study underscores the …

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Case comment: Association of Democratic Reforms vs. Union of India (2024) 5 SCC 1

Citation: (2024) 5 SCC 1 Case Type: Civil writ Petition Bench Strength: 5 Bench: Justice D.Y. Chandrachud (CJI), Justice Sanjiv Khanna, Justice B.R. Gavai, Justice J.B. Pardiwala and Justice Manoj Misra. Case Brief According to the petition filled by Association of Demographic Reforms (ADR) in the case “Association of Democratic Reforms & Anr. vs. Union …

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Right to Mental Health Care : Implementation and Challenges of Mental Health care Act 2017

ABSTRACT Every person has a right to mental health care and treatment. Right to Mental Healthcare in India is one of the important statutory rights granted by the Mental Healthcare Act of 2017. The Mental Healthcare Act of 2017 aims at providing mental health care and services to the victims of mental illness and developing …

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From Women Centric, To Gender Neutral Laws: A Transitional Journey

Abstract Justice is a complex concept having multiple interpretations. But there are some characteristics which often revolve around the concept of justice. One such aspect that underlines justice is fairness and equality. People seek justice when they feel biasness, inequality and any unfair practices. When an inequality is made for the purpose of safeguard of …

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COPYRIGHT CHALLENGES IN AI-GENERATED ARTWORKS: INTERPRETATION OF SECTION 2(C) OF THE COPYRIGHT ACT, 1957 IN INDIA

In the 21st century, with the advent of Artificial Intelligence(AI), there has been a revolution in the creative industries, leading to many questions about the application of Copyright law to AI works. AI generated works lack a direct human authorship which creates a challenge to its legality, originality and creativity under the Copyright law. In …

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BIOMETRIC DATA AND THE LAW: SAFEGUARDING INDIVIDUAL RIGHTS

ABSTRACT Facial recognition, fingerprint scanning, and iris recognition are, in fact, just some applications that have transformed biometric technologies into everyday uses, ranging from law enforcement to consumer applications. Yet while these technologies are said to guarantee security and convenience, they are simultaneously mired in legal and ethical dilemmas. Just a few of the challenges …

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Marital and Anti-Dowry Laws: Safeguards or Instruments of Misuse?

Abstract Marital laws have been introduced to register a marriage, it provides rights and responsibilities of both the partners, etc. Whereas anti-dowry laws are been introduced to safeguard women from dowry abuse, which may lead to death, harassment, cruelty, etc. But in the present scenario, it was often observed that the marital and anti-dowry laws …

Marital and Anti-Dowry Laws: Safeguards or Instruments of Misuse? Read More »

Vishal Tiwari v Union of India

                          Citation: WP(C) No. 162 of 2023 FACTS In the given case, Hindenburg Research established by Nathan Anderson in 2017 is a scientific monetary research firm which examines equity, credit and derivatives. It has a history of tracking down corporate facades, crimes and putting down wagers against the organizations. The Hindenburg Report submitted on January …

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Insolvency and Online Dispute Resolution In India’s Evolving Legal Landscape

Abstract   India’s overburdened courts, combined with the rise of digital technologies, necessitate the exploration of alternative avenues for resolving insolvency cases. This paper looks at how the Insolvency and Bankruptcy Code (IBC) intersects with Online Dispute Resolution (ODR) in India’s legal system. Despite the IBC’s emphasis on time-bound resolution, we cannot ignore ODR’s potential …

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Privacy and Data Rights in IoT-Related Inventions

Abstract The Internet of Things (IoT) ecosystem has revolutionized modern industries by enabling seamless connectivity and data exchange. However, the proliferation of IoT devices has raised critical concerns regarding privacy and data rights. This research explores the multifaceted challenges surrounding data security, ethical considerations, and regulatory frameworks in IoT-related inventions. It reviews existing literature, identifies …

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Global Perspectives on Euthanasia: A Comparative Study of Legal Frameworks Across Countries

Abstract “To be, or not to be, that is the question.” This line of Shakespeare really speaks to the ethical and legal dilemmas concerning euthanasia in today’s world. So what does Euthanasia basically mean. Euthanasia refers to the intentional ending of a life to relieve suffering. It remains one of the most contentious issues around …

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GAMING, E-SPORTS AND SPORTS LAW THE EVOLUTION OF A NEW LEGAL ASPECT- LAWS WITH SPORTS

ABSTRACT The world is moving toward a fast and vast digitalized era and new laws are emerging continuously. While people are busy reading the Constitution, Indian Penal Code or any other what can I say prevalent and orthodox laws but meanwhile new legal aspects are coming into the picture blowing people’s minds. I personally do …

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A Critical Evaluation of the Right to be Forgotten in the Context of the 2023 Digital Personal Data Protection Act

ABSTRACT The “Right to be Forgotten” (RTBF) allows individuals to request the erasure of their personal data from online sources. This concept is also known as the “right to erasure,”. This right empowers people to have their information removed when its purpose is served or it becomes inaccurate. In India RTBF is enshrined in Section …

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Delhi Metro Rail Corporation Ltd V. Delhi Airport Metro Express Pvt. Ltd. (2024)

FACTS The instant case dealt with the curative petition filed by Delhi Metro Rail Corporation Ltd (DMRC) under Article 142 of the Constitution. The respondent of this case is Delhi Airport Metro Express Pvt. Ltd. ( DAMEPL). Both these parties entered into an agreement in 2008, for providing metro connectivity between Indira Gandhi International Airport …

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The Role of the Securities and Exchange Board of India (SEBI) in Regulating the Securities Market: An Analytical Perspective on its Effectiveness and Challenges

Abstract The Securities and Exchange Board of India (SEBI) serves as the principal regulatory authority overseeing India’s securities market, ensuring its proper functioning and protecting the interests of investors. Since its inception, SEBI has played a significant role in fostering market transparency, preventing fraudulent practices, and maintaining investor confidence. This paper delves into SEBI’s regulatory …

The Role of the Securities and Exchange Board of India (SEBI) in Regulating the Securities Market: An Analytical Perspective on its Effectiveness and Challenges Read More »

Balram Garg v. Securities and Exchange Board of India

Facts  The case of Balram Garg v. Securities and Exchange Board of India (SEBI) revolves around allegations of insider trading involving the securities of PC Jeweller Ltd, a well-known jewelry company in India. Balram Garg, a key promoter and former Director of PC Jeweller, was accused by SEBI of using non-public, price-sensitive information to engage …

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