Civil Appeal Nos: 9367-9369 of 2011 Hon,ble Supreme Court of India Bench: Dr. DY Chandrachud (CJI), and Justice Hemant Gupta FACTS: In 1992, the Central Government issued a notification that permitted females to be appointed to certain selective cadres of the army, such as Short Service Commissions (SSC), Regiment of Artillery, Intelligence Corps, Army Service …
ABSTRACT: Many day-to-day car accidents, unfortunately, take place on the roads of India, but the recent Pune Porsche car case stands out from the others. A Porsche car was driven in an intoxicated state by the son of a Pune-based realtor. The car ruthlessly rammed a woman and a man who were on a bike. …
Act ABSTRACT Foreign Exchange Regulations are indispensable for any nation willing to engage in global trade and investment. In the case of India, the Foreign Exchange regulations had been very restrictive till 1999, with the FERA legislation imposing restrictions on every type of foreign exchange circulation in India, to the degree where Foreign Exchange transactions …
A Research on the economic impact of the Foreign Exchange Management Read More »
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 »
Introduction The terrible episode that was developed around 2002 Gujarat riots, in the Bilkis Bano case involved this woman’s gang rape who carried a pregnant baby and death of fourteen family members including her three year old daughter. This culminated into criminal conviction of eleven perpetrators, which included police officers who participated as well. Bilkis …
O.P JINDAL GLOBAL UNIVERSITY NIDHI TIWARI ABSTRACT The information technology industry has made drastic developments and advancements in the last two decades. In this digital era, our lives are increasingly conducted online thus allowing us to transform how we crate, store and communicate information. We communicate through emails and social media, store our personal and …
APPELLANTS: Satvinder Singh Saluja and Others RESPONDENT: State of Bihar BENCH/JUDGE: K Joseph and A Bhushan DATE OF JUDGEMENT: 01 /07/2019 LEGAL PROVISIONS: Constitution of India, Bihar Excise (Amendment) Act, 2016, Bihar Prohibition and Excise Act, 2016. INTRODUCTION The case is an appeal filed by the appellants (accused), before the decision of Hon’ble Supreme Court of India against the Patna …
CASE COMMENTARY SATVINDER SINGH SALUJA AND OTHERS V STATE OF BIHAR, AIR (2019) 7 SCC 89 Read More »
By: NITANSHA BHATIA (SUSHANT UNIVERSITY, GURUGRAM) TABLE OF CONTENTS TOPIC PAGE NO. Index of Authorities 3 Abstract 4 Keywords 5 IntroductionResearch MethodologyLiterature ReviewChapterization -C1-Chargeability of salaryC2-What is included under salary?C3-PerquisitesC4-Profits in lieu of salaryC5-Deductions from salaryC6- Fringe Benefit Tax(FBT)Conclusion 67891011-1213-15161718-2021 Bibliography 22 ABSTRACT The Income Tax Act categorizes income into five distinct heads, each with …
RESEARCH PAPER COMPREHENSIVE STUDY ON INCOME UNDER THE HEAD OF SALARY Read More »
ABSTRACT As the court belongs to the public and is also the Constitution’s protector, the judiciary plays a crucial role in upholding democracy. To protect the rights and freedoms of the people, the court must always enforce the law and fundamental constitutional values. However, there are many inconsistencies in the legal system as a result …
JUDICIAL ABSURDITIES: NONSENSICAL AND IRRESPONSIBLE VERDICTS OF INDIAN COURTS Read More »
INTRODUCTION: Revanasiddappa v. Mallikarjun is a landmark decided by the Supreme Court of India on the interpretation of Section 16 of the Hindu Marriage Act, 1955 (HMA) and what it means for the right to inherit and legitimacy of children born from void or voidable marriages.Importance: This case is important because it addresses the rights of …
Revanasiddappa v. Mallikarjun, 2023 SCC OnLine SC 1087 Read More »
ABSTRACT: This research paper looks into the progress and role of forensic sciences in the Indian legal system. Forensic science has gone through big improvement/ saw major progress over the past years, having an impact on judicial system worldwide. In India, criminal cases and trials have improved since the use of forensic science and has …
PROGRESS IN FORENSIC SCIENCE AND ITS ROLE IN THE INDIAN LEGAL SYSTEM Read More »
ABSTRACT Cybercrime has emerged as a significant threat in today’s world, with its impact spanning across individuals, businesses, and governments. This abstract delves into the intricate landscape of cybercrime and the corresponding measures of cybersecurity aimed at mitigating its risks. It explores the various forms of cyber threats, including malware, phishing, ransomware, and identity theft, …
LEGAL ASPECTS OF CYBERCRIME INCIDENTS: PREVENTION AND RESPONSE Read More »
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 »
2024 SCC OnLine SC 805 The Hon’ble Supreme Court of India Judges: Hon’ble Dr. Dhanajaya, Y Chandrachud (CJI), Manoj Misra. INTRODUCTION The taller, heavier and the larger wingspan bird had the poor eyesight as compared to other bird species. The unique variety of the bird species are to be endangered with the environment. In the …
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 »
INTRODUCTION A stringent course of action curtails the liberty of a person, Arrest is no way exception to that. The notion of Bail is the quintessence of this case. The case was approached to the Supreme Court via Special Leave Petition. One of the spotlit in this case was the Guidelines issued for Investigation team …
SATENDER KUMAR ANTIL Vs CBI AND ANR:ANALYZING THE JUDICIAL PANORAMA OF BAIL IN INDIA Read More »
Decided on– April 27,2021 Appellant- Patan Jaman Vali Respondent– The state of Andhra Pradesh Coram– D.Y. Chandrachud and M.R. Shah Facts– The appellant was sentenced to life imprisonment by Sessions Court under section 3(2) (v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and section 376 (1) of IPC as well as …
Civil Appeal Case No.- 5858 of 2015 Appellant- Rohit Choudhary & ANR Respondent- Vipul Ltd. Judges- Hon’ble Judges Aarvind Kumar and S. Ravindra Bhat Order Date- 06/09/2023 Facts Issues Raised Contention Appellant’s Contention The Appellants were represented by Learned Counsel Shri Digendra Sharma, Niharika Dubey, Mr. Anubhav Bhandari, and Mr. Ajay Kumar Singh. The Counsel …
CASE COMMENT ROHIT CHOUDHARY & ANR. V. M/S. VIPUL LTD. 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 in Kerala, dedicated to Lord Ayyappa, has traditionally barred women between the ages of 10 and 50 from entering, based on the belief that menstruating women are …
INTRODUCTION Marriage, a sacred institution, is a public declaration of love, loyalty and partnership. This comes with obligations and entitlements, which the partners have established. Law is very significant in marriage because it is a social institution and society and law are getting to know each other better. India has extremely complex and diverse laws …
Case Number: WP (C) 906/2016 Petitioners: Vivek Narayan Sharma Respondent: Union of India FACTS On November 8, 2016, Prime Minister Narendra Modi made a startling announcement that shook the nation: Rs. 500 and Rs. 1000 currency notes, which made up Rs. 15.44 lakh crore or 86.9% of the total currency in circulation, were declared invalid and would …
CASE DETAILS Case Name: Vivek Narayan Sharma v Union of India 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 …
Petitioner: Travancore Devasom Board Respondents: Ayappa Spices & Ors Citation: [2024] 3 S.C.R. 363 2024 INSC 183 The case was first filed in the Kerala High Court, then an appeal was submitted in the Honourable Supreme Court. It deals with the issues of procurement of cardamom and quality control. Cardamom is used to prepare Aravana …
CASE COMMENT Travancore Devasom Board vs Ayyappa Spices & Ors Read More »
CRIMINAL APPELLATE JURISDICTION INTRODUCTION: Transitory anticipatory bail is incorporated as a safeguard under Section 438 of the Code of Criminal Procedure, 1973, despite the latter’s main focus being centred upon the granting of mere “anticipatory bail,” a rather expansive form of protection. Prior to 1973, courts determined judgments about the granting of anticipatory bail as …
IN THE SUPREME COURT OF INDIA Priya Indoria v/s State of Karnataka Read More »
ABSTRACT Marriage can be simply defined as a state of being husband and wife or two individual becoming a single entity. Marriage in Hinduism is seen as a religious sacrament. The legal framework for Hindu marriage is enshrined in the Constitution of India as ‘Hindu Marriage Act,1955’. This personal law is very deep rooted and …
VALIDITY OF HINDU MARRIAGES: RITUALS AS ESSENTIAL ELEMENTS Read More »
ABSTRACT – Section 375 of Indian Penal Code, 1860 and now section 63 of Bhartiya Nyaya Sanhita defines and criminalizes Rape as a forced sexual intercourse with women without their consent, aiming to protect women from falling victim to this violent act and preserving their dignity but at the same time, a section of women …
Invisible suffering: the legal and social ramifications of marital rape exemption clause Read More »
By Ankita Nakhate Abstract India is undergoing significant infrastructure development, with road expansion being a crucial part of this development. With the growing road network, the number of vehicles on the road is also increasing. With the rising number of vehicles, violating road traffic regulations and accidents on the road have become an inevitable part …
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 …
ABSTRACT: Artificial Intelligence’s (AI) rapid ascent presents hope for a better future, but it negatively influences one of the most essential rights: Privacy. With the advancement in generality, the ability of AI systems to store and process large quantities of personal data poses genuine ethical and legal challenges. Understanding such a vital facet of current …
TITLE: The Looming Shadow of AI: Privacy Rights Under Siege in India Read More »
ABSTRACT “Law without Justice is a wound without a cure.” – William Scott Downey Criminal laws are a vital part of any society’s quest for justice. In India, the legal landscape governing criminals is grounded by constant laws that are the Indian Penal Code, Indian Evidence Act and CrPC which were enacted in the year …
EVOLUTION OF CRIMINAL LAWS: LEGACY VS. CRIMINAL LAW 2.0 Read More »
Abstract Development refers to a process in which someone or something grows or changes and becomes more advanced. Development is very often seen as a double-edged sword as it has both its benefits and drawbacks—for instance, The Great Nicobar Development Project. The project, on one side, developing Great Nicobar, promises economic growth, job creation, and …
Abstract: This paper explores the necessity of legalizing same-sex marriage in India, examining the social, legal, and human rights aspects. It analyses the current legal framework, public opinion, and the potential benefits of recognizing same-sex unions. Through an analysis of cultural, social, and legal dimensions, this paper advocates for extending marriage rights to same-sex couples …
Need for recognition of same-sex marriage in India 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: 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 …
CONUNDRUM OF ABORTION RIGHTS IN THE FACE OF INDIVIDUAL AUTONOMY: A COMPARATIVE ANALYSIS Read More »
(Civil Appeal No 5802 of 2022) (Arising out of Special Leave Petition (Civil) No. 12612 of 2022) FACTS: In the pertaining matter, the appellant, a 25-year-old woman from Manipur and a graduate with a BA degree residing in Delhi, comes from a farming background and is the eldest of five siblings. The current issue involves …
X v. Principal Secretary, Health and Family Welfare, Govt of NCT Delhi Read More »
(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 …
Facts: In 1973, the third central pay commission introduced by the Indira Gandhi-led government aimed to standardize pensions for civilians and retired army personnel. This decision significantly impacted ex-servicemen’s pension scales, creating disparities. The “One Rank, One Pension” (OROP) scheme emerged as a demand for uniform pensions across retired armed forces personnel, irrespective of retirement …
VERSUS UNION OF INDIA & ANR. …RESPONDENTS WITH WRIT PETITION (CIVIL) NO. 634 OF 2021 AND WRIT PETITION (CIVIL) NO. 751 OF 2021 Bench: FACTS: “National Worker Welfare Trust” (NWWT) …
Civil Appeal No. 2679 of 2024 (2024) 3 SCC 563 Facts The appeal in the Honorable Supreme Court is by the appellant who seeked appointment in Pt. Deendayal Upadhyaya Institute for the Physically Handicapped, referred to ahead as the ‘Institute’, as a primary school teacher. The appeal was brought to the court since the appellant …
Writ Petition (Civil) no. 55 of 2019 2022 SCC online SC 1540 Facts: On 14th January 2019, the Government of India amended Articles 15 & Article 16 of the Indian Constitution and added clauses 15(6) and 16(6). Articles 15 and 16 of the Constitution give power to the state to make special provisions for socially …
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 …
Citation- 2021 SCC Online SC 261 FACTS Timeline of Secretary, Ministry of Defence vs. Babita Puniya Case (2020)- 1992- Notification allowing women to Join SSC 2002- Babita Puniya Filed PIL for equal treatment in PC 2005- Circular by MoD to prolong women officers appointment terms 2006- Another notification was released which allowed female SSC officers …
CASE COMMENTARY LT. Col Nitisha v. Union of India Read More »
Abstract Children are also known as the heartbeat of a nation and the architects of the country’s future. Therefore, when children come in conflict with the law, it becomes the duty of the law and society to bring them back on the righteous path and lead them to brighter horizons. The term ‘Juvenile Delinquency’ originates …
THE JUVENILE JUSTICE SYSTEM IN INDIA: HOW FAR HAVE WE COME? Read More »
Abstract In this digital world, it is easy to access any information about anyone. Tracking anyone and anything is easily possible without the awareness to the one who is being tracked. Government as well as private companies can easily watch and get one’s personal data which poses serious privacy threats for individuals. There exists a …
Abstract In the age of global innovation and cultural exchange, India stands as a beacon, using digital libraries to safeguard millennia-old wisdom. The Traditional Knowledge Digital Library (TKDL) exemplifies this effort, with 34 million pages detailing 2.26 million medicinal formulations from Ayurveda, Unani, Siddha, and Yoga. This repository preserves India’s rich heritage and aids global …
Preserving Wisdom: India’s Traditional Knowledge & IP Rights Read More »
Abstract: Parental leave policies play a pivotal role in supporting work-life balance and gender equality worldwide. The Maternity Benefit Act, 1961 and its later changes govern maternity benefits, which are the subject of this paper’s analysis of India’s legal framework for parental leave. It also looks into the Central Civil Services Rules’ paternity leave policies …
Abstract India’s alcohol industry significantly contributes to the national economy; however, it also raises critical concerns about public health and illicit consumption. Legal frameworks for alcohol distribution, sales, and consumption vary considerably across states in India, as the subject of ‘alcohol’ falls under the State List within the Seventh Schedule of the Indian Constitution. Notably, …
LEGAL AGE OF INTOXICATION: ADDRESSING ALCOHOL CONSUMPTION BY MINORS IN INDIA Read More »
Abstract The legal system now uses public interest litigation (PIL) as a tool to help courts confront social injustices and protect fundamental rights. This paper examines the function of PIL in India, charting its evolution and evaluating its social effects. Starting with a definition and context the research paper examines the aspects and key laws …
The Historical Development of Public Interest Litigation in India Read More »
Abstract: Custodial torture and death are some of the most dreadful and brutal pain one could inflict on someone who is in complete control of the former it is one of the cruelest abuses of human rights. Fundamentally it means torturing and snatching someone’s right to life and right to be treated humanely. The word …
Custodial torture and deaths in India: A Brief Overview Read More »
Contents Contents 1 Abstract 2 Keywords : AI, Authorship, Work for hire doctrine, Copyright law, Employee, 2 Introduction 3 Research Methodology 5 Review of literature 5 The Work-Made-For-Hire Doctrine 5 AI and the Concept of Authorship 8 AI and Work-Made-For-Hire 9 Conclusion 11 Suggestions 12 References 12 Abstract The rise of Artificial Intelligence (AI) as …
ABSTRACT Fashion law is a nascent area that draws upon many legal disciplines to tackle the distinct problems encountered by the fashion industry. This research paper offers a thorough analysis of fashion law, examining its historical development, the legal safeguards for fashion designs, and the several forms of intellectual property that are relevant to the …
Abstract Human Rights are highly influences by Artificial intelligence where on one hand it enhances the access to justice, education, healthcare and economic opportunities. It also holds the potential to support financial inclusion and encourage civic participation which makes government actions more transparent. But along with that it comes with certain risk factors that includes …
ASSESSING THE IMPACT OF ARTIFICIAL INTELLIGENCE ON HUMAN RIGHTS Read More »
Abstract This research paper critically explores the ethical, societal and constitutional ramifications of plea bargaining and its applicability in the Indian Legal system. While the practice of plea bargaining is viewed justified giving speedy solutions to court cases and trials, yet it goes against the ideas of justice on which our Indian Constitutional enshrines upon. …
Introduction: Facts of the case: Issues Raised: Contentions: Arguments in favour: Arguments against: Additionally, they contend that the program offers corporate donors, who can now give indefinitely without revealing their identities, unfair power. Important Provisions Supreme Court’s Decision: Relevance In the field of Law: Establishes precedence for Campaign Finance Regulations: The ruling rendered by the …
Common Cause v. Union of India (Electoral Bonds Scheme) 2024 Read More »
AKA, THE GREAT INDIAN BUSTARD CASE FACTS: ISSUES RAISED: CONTENTION: Plaintiff’s Arguments: RATIONALE: DEFECTS OF LAW: INFERENCE: Anirudh VG MIT WPU
Introduction The Supreme Court of India rendered a landmark decision in the 2021 case of Amit Kumar v. Suman Beniwal, addressing the complexities of matrimonial conflicts and the legal structures designed to protect women’s rights inside marriage. This ruling provides significant new insights into the proper interpretation of the Domestic Violence Act of 2005 and …
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,” 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 …
FACTS Bibisidhika first filed a complaint in 2013 contesting the ruling of the high court about Mohd. Firoz Khan, her son, and Rakesh Chaudhary. The incident started when Firoz Khan and Rakesh Chaudhary went to a house to look for lodging for an unidentified individual However, when the victim’s mother refused to let Rakesh Chaudhary …
MOHAMMAD FIROZ VS THE STATE OF MADHYA PRADESH (2022) Read More »
Introduction In ancient Indian society, the attitude towards homosexuality was very liberal and tolerant. The idea of same-sex relations was viewed as something completely natural and these relations were practiced openly. There was no concept of ‘shame’ in homosexuality. From ancient texts like Ramayana and Mahabharata to sculptures observed in the temples of Khajuraho, there …
Supriyo Chakraborty & Anr. vs. Union of India 2022 Read More »
CASE NAME: SHANTI CONDUCTORS PVT LTD V ASSAM STATE ELECTRICITY BOARD AND ORS. CITATION: [2019] 16 SCR 25 BENCH: HON’BLE JUSTICE DR. A. K. SIKRI, HON’BLE JUSTICE ASHOK BHUSHAN, HON’BLE JUSTICE S. ABDUL NAZEER PARTIES INVOLVED: FACTS: 1. Shanti Conductors (P) Ltd. (Appellant) The appellant is a Private Limited Company that is registered in Kokrajhar, …
CASE COMMENTARY SHANTI CONDUCTORS PVT LTD V ASSAM STATE ELECTRICITY BOARD AND ORS. Read More »
CITATION: AIR (2019) 7 SCC 89 CRIMINAL APPEAL NO: 951 OF 2019 DATE OF JUDGEMENT: 01 /07/2019 APPELLANTS: Satvinder Singh Saluja and Others RESPONDENT: State Of Bihar BENCH/JUDGE: K. Joseph and A. Bhushan FACTS OF THE CASE: On June 25, 2016, the appellants including Satvinder Singh Saluja, were traveling from Giridih, Jharkhand to Patna, Bihar …
Satvinder Singh Saluja & Others V. State Of Bihar Read More »
Facts The Ayodhya case is a landmark case judged by the Supreme Court of India, delivered on November 9, 2019. The case was between M.Siddique(D) Thr Lrs v. Mahant Suresh Das & Ors which revolves around a 2.77 acre disputed land in Ayodhya, UP which is claimed by both Hindus and Muslims. The plaintiffs believed …
CIVIL APPEAL NOS. 3382-3383 OF 2019 2019 (14) SCC 1 FACTS: ISSUES: The issues that were raised in this court are as follows: CONTENTION Petitioner’s Argument It was urged by the appellant for the appointment of the Chief Mutawalli in a Wakif Mutawalli, Hamdard, based upon the 1948 Deed. According to the appellant, the rule …
Abstract This study looks at the Pegasus Project, a global investigation that exposed governments’ extensive use of Pegasus spyware, and how it affects Indian citizens’ right to privacy. It looks at Pegasus’s technical prowess, the purported targeting of Indian nationals, the Indian legal system’s regulations pertaining to private rights, and the ongoing legal issues. The …
Pegasus Spyware Controversy and Right to Privacy in India Read More »