Facts In the case of Jyoti Devi vs. Suket Hospital & Ors., the petitioner Jyoti Devi approached Suket Hospital for treatment due to a medical condition. During her treatment at the hospital, she suffered significant health complications as a result of the negligence exhibited by the hospital staff. This negligence led to prolonged pain and …
Case Comment: Jyoti Devi vs. Suket Hospital and Ors. Read More »
ABSTRACT The popularity of video games in general and violent games in particular has skyrocketed. The extensive body of research on the effects of media violence serves as the foundation for the theoretical framework that hypothesis a link between aggressive behavior and the playing of violent video games. Theoretically, the effects of violence in video …
VIDEO GAME VIOLENCE LEADING TO JUVENILE DELINQUENCY Read More »
Abstract. The collision of technological advance with individual privacy becomes ever more contentious in the age of the digital. Nowhere is this more evident than in the ambitious Aadhaar project of biometric identification, already enrolling over a billion of India’s citizens. This paper delves down into the heart of that conflict, balancing precariously the state’s …
ABSTRACT The spread of intellectual property laws worldwide has imposed legal constraints on the sharing of innovations and cultural practices in a time when concepts and experiences progressively become forms of property. Examining the patent conflicts in the pharmaceutical sector, this research article explores the difficulties in juggling access to medication with the necessity for …
It is very well known that gifts given to the bride at the time of her marriage by her parents, husband, in-laws, or relatives are her “stridhan”. Stridhan is a pious concept that has been followed from old times. It is movable or immovable property given to her before, after, or at the time of …
It is very well known that gifts given to the bride at the time of her marriage by her parents, husband, in-laws, or relatives are her “stridhan”. Stridhan is a pious concept that has been followed from old times. It is movable or immovable property given to her before, after, or at the time of …
Abstract A standard form contract is a uniform set of conditions fixed in advance by a party to an agreement1 Standard contracts which are also known as formal contracts have become prevalent in the current society and are used in almost all sectors such as telecommunication, insurance among others. Unlike other common law countries, a …
Standard Form Contracts and Consumer Protection: Assessing Fairness and Regulation Read More »
ABSTRACT: The tensions of geopolitics have a very strong impact on efficiency, impartiality, and the enforceability of the international arbitration system. This paper examines how geopolitical factors are influencing international arbitration. In fact, it observes that, in the absence of actual war breaking out, this rapidly changing social environment and increased cross-border exchange will make …
THE IMPACT OF GEOPOLITICAL TENSIONS ON INTERNATIONAL ARBITRATION Read More »
Table of Contents ABSTRACT ………………………………………………………………………………………………………….2 INTRODUCTION ………………………………………………………………………………………………….2 FACTS OF THE CASE…………………………………………………………………………………………3 ISSUES RAISED IN THE CASE…………………………………………………………..4 CONTENTION…………………………………………………………………………………………………..6 RATIONALE………………… ………………………………………………………………………………..7 DEFECTS SEEN IN THE CASE ………………………………………………………………………………7 INFERENCE…………………………………. …………………………………………………………..9 REFERENCES………………………………………………………………………………9 ABSTRACT “Right to health has found its apt place as an ingredient of the sacrosanct and topmost right to life in the scheme of fundamental rights within …
Karnataka High Court denies request to dismiss FIR for causing offense to a woman’s modesty by writing her phone number on a toilet wall. I. Advocates who appeared in this case: For petitioner- Tejas N., Advocate For respondents- B. N. Jagadeesh, Addl. Spp For R1; R Gopala Krishnan, Advocate For R2. II. Judge(s): Hon’ble Mr. …
Date of Judgement 7th November 2019 Petitioner Manoharan Respondents State by inspector Police Variety Hall Police Station, Coimbatore Bench Fali Nariman, Sanjiv Khanna and Surya Kant 1.Facts of the case 2.Issues 3.Analysis 3.1 Contentions of the petitioner Firstly, the petitioner contended that whatever confessional statement was given by him was not voluntary at all in …
SUPREME COURT OF INDIA Manoharan vs State By Inspector of Police AIR 2019 Read More »
FACTS Kate Cox, a 31-year-old Texas woman who is blessed with two children had filed a lawsuit against the state of Texas. She has asked the court to declare that she had a right to abortion, when she learned that her fetus of 20 weeks had a genetic condition (Edwards syndrome) which causes death of …
Facts The Criminal Appeal at the Supreme Court originated from a decision made by the Jharkhand High Court on February 17, 2014. A election was conducted on March 30, 2012, to choose two Rajya Sabha members representing the State of Jharkhand. The appellant, who serves as a representative of the Jharkhand Mukti Morcha in the Legislative …
Court No-6 Bench: HON’BLE JUSTICE B.V NAGARATHNA HON’BLE JUSTICE UJJAL BHUYAN Item No- 08 (Crl.) No.118 Of 2003 Case details: The petitioner of this case, Bilkis Yakub Rasool was brutally and mercilessly gang-raped namely, during the Gujrat communal riot in 2002, who was 5 months pregnant at the time of this fiendish circumstance and also …
CASE TITLE: BILKIS YAKUB RASOOL VERSUS UNION OF INDIA Read More »
INTRODUCTION An extensive analysis of election procedures and the responsibilities of the Election Commission of India (ECI) may be found in the ruling of Ram Babu Thakur vs. Sunil Arora and Ors.. on May 20, 2022. This analysis examines the facts of the case, pertinent legal issues, the decisions made, and the wider ramifications for …
Abstract Being your own boss and working on your own terms is something every individual having free will wishes for, but for that dream to become a reality is something that requires a lot of perseverance and hardwork. In the economic sphere, owning a business fulfils that dream to a great extent. With the advent …
FROM CONCEPT TO COMPLIANCE : THE LEGAL JOURNEY OF STARTUPS IN INDIA Read More »
ABSTRACT Over the years, it is safe to say that India has shown a clear struggle with the formulation of laws with regards to the topic of medical negligence. Malpractice and negligence are two concepts that have equally contributed to the growth in death rates, and the downfall of the healthcare industry. In India, while …
Medical Negligence and it’s Resurgence: An Overlooked Legal Concern Read More »
ABSTRACT Numerous people, including couples, are affected by infertility, which is mostly caused by biological problems and an increasing marriageable age. Even if scientific and technological advancements have provided answers, surrogacy is still controversial. Commercial surrogacy in particular raises moral and legal questions regarding the exploitation of mothers and children. Only altruistic surrogacy is permitted …
1. Abstract This paper deals with the significance of Bhartya Nyaya Sanhita, Bhartya Nagarik Suraksha Sanhita and Bhartiya Sakshya Adhiniyam. Along with how they have adopted through the evolution of society, even the criticisms have been included in this paper. It is important to emphasise that nothing can be perfect and there will be loopholes. …
Abstract This paper covers the evolution, execution, and issues surrounding Electronic Voting Machines (EVMs) in India. EVMs were first introduced in the early 1980s and saw widespread adoption in the 2004 General Election. The purpose of this change was to optimise the process of vote-counting and minimise instances of electoral malpractices but at the same …
From Inception to 2024: The Legal Journey of EVMs in Indian Elections Read More »
ABSTRACT In modern India, marital rape—the non-consensual sexual act between spouses—remains a contentious and little-studied topic. The purpose of this research paper is to provide readers with a thorough knowledge of marital rape in the Indian setting by looking at its social, legal, and cultural aspects. The prevalence, attitudes, and perceptions of marital rape among …
Citation-TRANSFER PETITION (CIVIL) NO. 1118 OF 2014.. Bench – The judgment was given by the constitutional bench which comprised of, Justice Sanjiv Khanna , ,Justice Vikram Nath ,Justice Jk Maheshwari Justice Sk Kaul and Justice As Oka Jha Brief facts – The case highlighted the matter where the respondent Shipla Shailesh and the appellant Varun …
CASE COMMENTARY Shilpa Sailesh vs Varun Sreenivasan on 1 May, 2023 Read More »
FACTS On June 9, 2016, the Indian Ex-Servicemen Movement—an “All India Federation of Ex-Servicemen’s organizations”—as well as individual veterans of the Indian Army, Navy, and Air Force filed a petition under Article 32 of the Constitution with the Supreme Court to challenge the “One Rank One Pension policy” (OROP) for former members of the Defense …
INDIAN EX-SERVICEMEN MOVEMENT V. UNION OF INDIA 2023 INSC 219 Read More »
Abstract The research paper focuses on understanding the development of menstrual leaves policy in context of India. It also delves into the complexity of menstrual pain and the need for such a policy in India. It analyses the previous attempts to bring a nationwide policy dealing with menstrual leaves and reproductive health of women in …
Understanding the scope of Menstrual Leaves Policy in India Read More »
ABSTRACT The principle of natural justice are the basic principles which ensure there is no miscarriage of justice. the principle of nemo judex causa sua is a principle of natural justice which implies that the judge shall be a blank paper while giving the decision and there shall not be any form of bias existing …
TITLE –SCOPE OF APPLICATION OF THE PRICIPLE OF NEMO JUDEX CAUSA SUA CRITICAL APPRAISAL Read More »
Abstract The research paper focuses on the understanding of the usage of AI in law enforcement and its human rights implications. A rapidly developing field that has captured all our attention is Artificial intelligence (AI), and almost every industry across the globe is incorporating AI applications such as banking and finance, healthcare, sales and marketing, …
ABSTRACT India introduced 3 criminal laws which were to replace the colonial laws, i.e Bhartiya Nyaya Sanhita replacing the Indian Penal Code, Bhartiya Nagrik Suraksha Sanhita replacing the Code of Criminal Procedure and Bhartiya Sakshya Adhiniyam replacing the Indian Evidence Act. The reason behind this replacement was that all these laws were enacted during the …
– 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 …
A Critical Analysis of the Right to Marry: Legal and Sociological Perspective Read More »
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 …
“Every child must be protected from violence, exploitation and abuse on the internet.” Read More »
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 …
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 …
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) …
Merger and Acquisition laws in India: a simplified analysis Read More »
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 …
CASE COMMENT: SHRI MARTHANDA VARMA (D) TH. LR. VS STATE OF KERALA (2020) Read More »
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 …
PARVATHI KOLLUR v. STATE BY DIRECTORATE OF ENFORCEMENT 2021 Read More »
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 …
THE IMPACT OF ARTIFICIAL INTELLIGENCE ON TRADEMARK LAWS Read More »
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 …
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 …
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 …
Birla Corporation Ltd. v Adventz investments and Holdings Ltd, 2019 Read More »
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 …
Case Comment: Govt. of NCT of Delhi vs. Union of India (2023) Read More »
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 …
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 »
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 …
On 10 February, 2020 AIR 2020 SUPREME COURT 1036, AIRONLINE 2020 SC 225, (2020) 1 KER LT 810, (2020) 1 MAD LJ(CRI) 378, (2020) 4 SCALE 198 Facts: In the landmark case of Prathvi Raj Chauhan v. Union of India (2020), the constitutional validity of reservations and affirmative action policies for Scheduled Castes (SCs) and …
Abstract A signature is a way of verification mechanism by which the presence of a person or acceptance of a person is verified. Signature can be defined as a person’s name in writing or any mark indicating or verifying the person to be present in himself. Now at present we are living in the digital …
Title: – Relevancy of ATM pins as Electronic Signatures Read More »
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 »
Abstract This paper delves into the controversy surrounding the NEET 2024 exam which was held on 5 May, 2024, discussing the major issues like stakeholders’ concerns, and potential implications for students and the education system in India. This year about 24 lakh students appeared for this exam, but when the results came on June 4, …
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 …
TWO SIDES OF A COIN: OUTER SPACE RESOURCES AND SPACE DEBRIS MITIGATION Read More »
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 …
All about Electoral Bonds and why the Supreme Court declared them unconstitutional Read More »
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 …
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 …
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 …
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 …
The basis of the law of insanity lies in the maxim “Actus non facit riem, nisi men sit rea” which means no man can be proven guilty unless he has a guilty mind.[1] Often this defence is used to acquit persons on the grounds of being mentally unfit, the simple explanation being that at the …
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 …
Invisible suffering: the legal and social ramifications of marital rape exemption clause Read More »
– Riya Tewatia CITATION : Pankaj Bansal vs. Union of India, 2023 SCC Online SC 1200 BENCH : Justice A.S. Bopanna and Justice Sanjay Kumar JUDGEMENT : October 3, 2023 Introduction The case of Pankaj Bansal vs. Union of India (Pankaj Bansal v. Union of India, 2023) revolves around the arrest of Pankaj Bansal and Basant …
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 …
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 …
Title The Death Penalty in India: Historical Views and Legal Development Read More »
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 …
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 …
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 …
CASE COMMENT: Shailendra Mani Tripathi v. Union of India and Ors. Read More »
Case: M. Siddiq (D) Thr Lrs v. Mahant Suresh Das & Ors. Verdict Date: November 9, 2019 Submitted by: PRAGYA VAJPEYI FACTS The Ayodhya land debate centers around a location in Ayodhya, Uttar Pradesh, accepted by Hindus to be the origin of Lord Ram. Verifiably, the location had been a point of dispute between Hindus …
(Writ Petition (Civil) no. 55 of 2019) 2022 SCC Online SC 1540 FACTS The case challenged the validity of the 103rd Constitutional Amendment. The Constitution 103rd Amendment Act of 2019 was passed by the Parliament of India on 9th January 2019. The act allowed for 10% reservation in higher educational institutions and initial recruitment in …
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 …
ABSTRACT The green in India is severely affected by the greenwashing in the products. Environmental sustainability is the primary concern, which helps to maintain the moderate temperature, climate and monsoon. Climate change is the main problem arising in all the edges of the world. It is our duty that is bound in our constitution to …