Publications

Supriyo Chakraborty & Anr. vs. Union of India 2022

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 …

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CASE COMMENTARY SHANTI CONDUCTORS PVT LTD V ASSAM STATE ELECTRICITY BOARD AND ORS. 

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, …

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Pegasus Spyware Controversy and Right to Privacy in India

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 …

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The Impact of Digital Courts on the Indian Judiciary: Literature Review on E-Courts and Virtual Hearings

Abstract: This paper has tried to argue that information technology has drastically transformed the judicial system of India. It can be clearly seen that the digital courts especially the electronic court and the virtual hearings have featured as a part of the digital economy. This article therefore brings to light some of the effects of …

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“Balancing Privacy and Protection: A Comparative Analysis of the GDPR and CCPA in Safeguarding Consumer Rights”

ABSTRACT  Data breaches occur frequently in the modern world. Companies that hold personal data actively share it with marketers and other businesses for their own gain. As a result, the residents bear the consequences of the infraction. In compliance with the General Data Protection Regulation (GDPR), numerous countries have enacted laws safeguarding personal information. California …

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THE LAW IN SPACE TOURISM: INTERNATIONAL REGULATIONS AND LIABILITY CONCERNS

ABSTRACT The legal framework surrounding space tourism is becoming more complex as humanity gets closer to realizing this booming sphere of commercial activity. This thorough study delves into the complex web of international laws and legal issues surrounding space travel. It starts with a synopsis of space tourism today and then dives deeply into the …

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BHARATIYA NAYAY SANHITA

“An analysis Of Bharatiya nayay sanhita on Juvenile Law” “History will judge us by the difference we make in the everyday lives of children.” -Nelson Mandela ABSTRACT: This paper constitutes a comprehensive analysis of the Bharatiya Nyaya Sanhita, with a focus on its relevance to juvenile law in India. The historical evolution of juvenile justice …

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SEALED COVER JURISPRUDENCE AND ITS IMPLICATION FOR THE JUDICIAL PROCESS IN INDIA

ABSTRACT The research paper focuses on the sealed cover method as a process employed by the Indian legal system to safeguard sensitive or private details pertinent to a particular case where the court directs  the involved parties to present it in a sealed cover or an envelope inaccessible to anyone except the court. This method …

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THE PRESENT SCENARIO OF CYBERCRIME IN INDIA AND HOW IT CAN BE PREVENTED

ABSTRACT The exponential growth of the internet and digital infrastructure in India has led to a notable surge in cybercrime, presenting a considerable menace to individuals, businesses, and government entities. This paper delivers a comprehensive analysis of the current status of cybercrime in India, highlighting significant patterns, weaknesses, and difficulties. The paper also highlights the …

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“SOCIAL MEDIA LAWS: HAS SOCIAL MEDIA MADE PEOPLE MORE OR LESS CONNECTED?”

ABSTRACT: The rapid evolution of social media platforms has fundamentally transformed communication, commerce, and culture, necessitating the development and implementation of comprehensive legal frameworks. This paper examines the current landscape of social media laws, highlighting the key areas of concern including privacy, data protection, freedom of expression, intellectual property, and the regulation of misinformation. Through …

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Euthanasia: An Exception to the Right to Life

Abstract This legal research paper examines the complexity of the legal and ethical landscape of Euthanasia, focused on the perspective of the right to die with dignity as a potential exception to the fundamental right to life. It explores the religious and historical perspective of Euthanasia, highlighting the tension between patient autonomy and the sanctity …

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“Impacts of Data Breaches on Consumer Privacy Rights: A Comparative Analysis of Data Protection Laws in India, the EU, and the US”

ABSTRACT                                                                            This study explores the framework of data protection laws in India, the EU, and the US, focusing on the intricate intersection of privacy rights and data security in the digital age. It assesses India’s Digital Personal Data Protection Act 2023 concerning the GDPR and CCPA, identifying areas for enhancement and areas where disparities exist. …

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The Evolving Landscape of Intellectual Property Rights in the Era of Artificial Intelligence.

Abstract Artificial Intelligence, as its arrival into the world of humans, is changing various industries and challenging IPR developed over time. This article looks at how IPR is changing with the development of AI where ownership, authorship, and creativity are the prime concerns. Technologies linked with AI are altering existing laws and seem to call …

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The Institutionalization of Virtual Courts in India

ABSTRACT The COVID-19 pandemic compelled the Indian judiciary to fast transition to virtual courts. This research paper talks about how virtual courts were established in India mainly focusing on their implementation, advantages and limitations. It looks at how digitalisation has positively influenced case management, access to justice and general efficiency. Despite these benefits, this research …

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CASE COMMENT- Haji Abdul Gani Khan and Another vs Union of India and Others, 2023

FACTS The President of India on 5th and 6th August 2019 issued two Constitutional Orders under Article 370 (1) of the Constitution of which one declared all provisions of the Constitution including its amendments to be applicable to the State of Jammu and Kashmir subject to modifications to Article 367 and the other abrogated Article 370, respectively. …

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Bhim Rao Baswanth Rao Patil v. K. Madan Mohan Rao & Ors, 2023

Facts  Issue  Contentions  Plaintiff’s Arguments:  Defendant’s Arguments:  Rationale In its ruling, the Supreme Court highlighted the voter’s right to be fully informed regarding the backgrounds of electoral candidates, emphasizing transparency as essential for making informed voting decisions.  The court took into consideration two important sections of the Representation of People Act, 1951. Firstly; Section 8 …

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CASE COMMENTARY SHRIRAM CHITS (INDIA) PRIVATE LIMITED PREVIOUSLY KNOWN AS SHRIRAM CHITS (K) PVT. LTD V. RAGHACHAND ASSOCIATES

DATE OF JUDGEMENT (HONOURABLE SUPREME COURT) (CIVIL APPELLATE JURISDICTION) 10th May ,2024 BENCH– Hon’ble Justice Pamidighantam Sri Narasimha and Justice Aravind Kumar. CASE NO. Special Leave Petition (Civil) No.15290 OF 2021 FACTS OF THE CASE The given case judgement revolves around the dispute between Shriram Chits (India) Limited (‘OP’/ ‘service provider’ used interchangeably, here as …

CASE COMMENTARY SHRIRAM CHITS (INDIA) PRIVATE LIMITED PREVIOUSLY KNOWN AS SHRIRAM CHITS (K) PVT. LTD V. RAGHACHAND ASSOCIATES Read More »

PRAKASHCHANDRA JOSHI V. KUNTAL PRAKASHCHANDRA JOSHI  @ KUNTAL VISANJI SHAH

Court: Supreme Court of India Bench: J. Prashant Kumar Mishra and J. B.R. Gavai Parties: Judgment Date: January 24, 2024 INTRODUCTION:  In the case of Prakashchandra Joshi v. Kuntal Prakashchandra Joshi, the supreme court of India answered one of the most important legal questions relating to marital relations. This case involves Prakashchandra Joshi and Kuntal …

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N.N. Global Mercantile Pvt Ltd v. Indo Unique Flame Ltd & Ors; In Re: interplay between Indian Stamp Act and Indian Arbitration Act

(Supreme Court in Curative Petition (C) No. 44 of 2023 with Arbitration Petition No. 25 of 2023) Citation: (2023) INSC 1066 FACTS Indo Unique Flame Ltd. secured an occupational offer from Karnataka Power Corporation Ltd. (KPCL) in September 2015, and initiated a sub-contract with NN Global, which included a clause 9 for security deposit and a clause …

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CASE COMMENT: POONAM SHARMA V. UNION OF INDIA

INTRODUCTION The case of Poonam Sharma v. Union of India stands as a significant judicial landmark in India’s reproductive rights discourse, particularly concerning the termination of pregnancies beyond the statutory limit set by the Medical Termination of Pregnancy (MTP) Amendment Act, 2021 (hereafter, referred to as ‘the 2021 Act’). The Act is an amendment to …

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NECROPHILIA – A Legal Lacuna in India 

ABSTRACT Necrophilia is defined as being sexually attracted to dead bodies. Also known as necrophilism, necrolagnia, necrocoitus, necrochlesis, it includes sexual acts involving corpes.  Deplorably very few countries to date have criminalised the act of ‘necrophilia’. In India, the judiciary has often addressed the question of rights of the deceased. § 297 and 377 of …

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Service and accountability; examining the role of legal services under the Consumer Protection Act.

ABSTRACT This research paper reviews the recent landmark ruling by the Supreme Court of India which clarified the application of the Consumer Protection Act of 1986 to legal professionals, specifically lawyers. The Consumer Protection Act was originally enacted to address consumer complaints swiftly and simply, introducing the concept of ‘consumer’ and establishing rights. Nonetheless, there …

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DEVELOPMENT AT THE COST OF ENVIRONMENTAL INJUSTICE AND RIGHTS OF INDIGENOUS PEOPLE. 

ABSTRACT This research explores the complex relationship between environmental justice and Indigenous rights, shedding light on historical legacies, current issues, and possible avenues for just resolution. Examining the long-term effects of colonialism and resource extraction on native territories, it highlights how crucial indigenous sovereignty and self-determination are to environmental governance. The study promotes more inclusive …

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Mitigating Liability risks in Indian Cyber laws: A legal analysis of AI integration and accountability measures

Abstract This research paper provides an in depth analysis of the Artificial intelligence related to its integration status and the measures that are being taken with the accountability that comes with usage of such tools. The paper also includes the challenges and issues that we are being presented with  such integration in India. Keywords Introduction  …

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India’s Green Credit Programme- An Incentivised Responsibility of Environmental Sustainability 

Abstract: India is among the multiple developing countries which is hit hardest by climate change and its multiple obstructive implications. In an effort to combat climate change and to move towards a more sustainable way of living, Prime Minister Narendra Modi in his address in Conference of the Parties (COP26) outlined the five elements called …

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FORENSIC SCIENCE: A BOON IN THE FIELD OF CRIMINAL JUSTICE SYSTEM

ABSTRACT Forensic science plays a crucial role in the justice system of our country. It not only plays a very vital role in our judiciary system but also plays a very crucial role in corporate sector as well. The process of forensic investigation helps various legal issue and their analysis. Forensic science is an interdisciplinary …

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THE ELECTRICITY (AMENDMENT) BILL, 2022  AND ITS POTENTIAL IMPACTS

ABSTRACT The Electricity (Amendment) Bill, 2022 is considered as a crucial legislation bill which aims at addressing the current problems in the electricity sector of India. By increasing competition and improving the efficiency of service delivery while emphasizing sustainability, the Bill aims to achieve several significant reforms: as well as in the cases of deregulation …

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Merger and Acquisition laws in India: a simplified analysis

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) …

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GENDER, SEXUAL IDENTITY AND PRISONS

ABSTRACT The conditions of the prisons are harrowing. But it is worse for the marginalized communities in prison ie. Women and LGBTQIA+. They face pervasive discrimination, harassment, and systemic neglect, both within the prison system and in broader society. Despite constitutional guarantees of equality, women prisoners endure gendered social control, custodial violence, and inadequate legal …

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Kaushal Kishore v. The State of Uttar Pradesh: Case Comment.

This case deals with the Fundamental Right to Free Speech and Expression. As the case progresses we would came to know how intricate the simple looking Fundamental Rights are and how difficult it is to interpret them in today’s complex and ever changing social and political structure.  Facts: In this case the 5 Judge Constitution …

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Rakesh Vaishnav v. Union of India

FACTS Application for intervention and impleadment were allowed. Three categories of petition around the three farm laws, them being Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, Essential Commodities (Amendment) Act, 2020, Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020. One category of the petition challenged the constitutional …

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Teesta Atul Setalvad v. State of Gujarat

1. FACTS Teesta Atul Setalvad, a distinguished human rights activist, has been instrumental in seeking justice for victims of the 2002 Gujarat riots. These riots, triggered by the Godhra train burning incident, resulted in widespread communal violence, leading to significant loss of life and property, predominantly affecting the Muslim community. Setalvad, through her NGO, Citizens …

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CASE COMMMENTARY ANJU GARG & ANR. V DEEPAK KUMAR GARG (2022)

CASE ANALYSIS: ANJU GARG & ANR. V DEEPAK KUMAR GARG (2022)   DATE OF THE CASE: 16TH SEPTEMBER, 2022  APPELLANT:  ANJU GARG & ANR.  RESPONDENT: DEEPAK KUMAR GARG .      BENCH/JUDGES: JUSTICE BELA M. TRIVEDI AND DINESH MAHESHWARI LEGAL PROVISIONS: SECTION 125 OF CrPC, ARTICLE 15(3), ARTICLE 39 OF INDIAN CONSNTITUTION.  INTRODUCTION The matrimonial disputes and ascertainment of the legal …

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CASE COMMENT: M/S HYDER CONSULTING (UK) LTD. V/S GOVERNOR, STATE OF ORISSA & CHIEF ENGINEER

BACKGROUND The civil appeal (No. 3148 of 2012) arose from a judgment by the High Court of Orissa at Cuttack on 28.07.2010. The case began with Writ Petition (Civil) No. 5302 of 2009, which challenged two orders by the District Judge, Khurda, dated 19.02.2009 and 26.03.2009. These orders related to Execution Petition No. 17 of …

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Title- PARTEEK BANSAL vs STATE OF RAJASTHAN & ORS.

Citation-Special Leave to Petition (Crl.) No.2520 OF 2017 Court– Supreme Court of India Bench: Hon’ble Justice Vikram Nath, Justice Prashant Kumar Mishra Date of Judgement:19 April,2024 Parties: Appellant-Parteek Bansal Respondent- State of Rajasthan & Ors. Important provisions – Code of Criminal Procedure Section 482: Grants power to the High Court to quash any FIR’s or …

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                                                      Case comment Vinubhai Haribhai Malaviya and Others v. The State of Gujarat

Facts  On December 22, 2009, Nitinbhai Patel, submitted a FIR on behalf of Ramanbhai and Shankarbhai, they lived in the US and UK, each, in their capacity as the power of attorney holder. The land came in question in which Ramanbhai and Shankarbhai had purchased from Bhikabhai and his spouse Bhikiben in 1975, it  was …

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Analyzing the challenges in patenting biotechnological innovations

Abstract  The case of biotechnological inventions is fundamentally different from more conventional inventions and the associated challenges therein crosses the avenues of science, law, and ethics. These are some of the delicate issues that the present analysis seeks to unravel, given the fact that biotechnological advancements are not simple feats; the nature of patent laws …

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Topic: Beyond the Books: Who Can Be A  Successful Lawyer  

Introduction   In law, being successful doesn’t just mean knowing the rules and how to argue in court. It’s  also about how well you talk to people and build relationships. Lawyers must be good at both  understanding the law and getting along with others. Knowing how to research, analyze, and  argue is equally important. These skills …

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Impact of Artificial Intelligence on Intellectual Property Law

ABSTRACT Artificial Intelligence (AI) is revolutionizing numerous industries, and its impact on intellectual property (IP) law is particularly significant. This paper investigates the intricate relationship between AI and IP law, emphasizing both the emerging challenges and the potential opportunities. The continuous advancement of AI technologies introduces critical questions about IP protection, ownership rights, and the …

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MIGRATION, POVERTY AND INEQUALITY: ITS IN-DEPTH ROOTED ANALYSIS IN INDIAN CONTEXT AND ACROSS GLOBAL WORLD

INTRODUCTION People have migrated throughout history, driven by various causes and employing various methods to get to their destinations. Migration has long been a subject of scholarly and social inquiry, as well as the subject of divisive political discourse. An essential component of the modern global economy is migration. Migration, both domestic and foreign, can …

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TITLE: EXPLORING THE INTERSECTION OF INTELLECTUAL PROPERTY RIGHTS (IPR) AND DATA PROTECTION 

ABSTRACT  In the digital era where data is a vital asset, the Intersection of Intellectual Property Rights is one of the most important developing topic in the Legal Studies, Intellectual Property Rights, give complete rights to the creators to promote their innovation and creativity, which impact sometimes with Data Protection regulations, which helps in avoiding …

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Violence and Adult Content in Video Games: Impact and Rules and  Regulations Governing it.  

Abstract:   We all know about the havoc created by AI generated deepfakes. Today virtual images have  become so real that it’s practically impossible to distinguish between reality and virtuality. One  of the many industries which were completely revolutionized due to this innovation is the  gaming industry. Such level of hyper-realistic simulation would make anyone believe …

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The Role of International Humanitarian Law in Armed Conflicts

Abstract: International Humanitarian law has been seen as a framework regulating armed hostilities and conflicts all across the globe. Contemporary peacebuilding and peacemaking actions have lent their trust to International Humanitarian law or IHL, to frame peace mainly in International Armed conflicts & Non-international armed conflicts. This research paper delves into the roots of International …

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Intellectual Property Rights in the Entertainment Industry

-Mahek Shah Table of contents Abstract 3 Introduction 3 Keywords 4 Research Methodology 4 Method 5 Introduction to Intellectual Property Rights (IPR) in the Entertainment Industry 5 Historical Perspective 5 Trends in the entertainment industry 6 Current Landscape of IPR in Entertainment 7 Challenges and Controversies 8 Strategies to resolve disputes 9 Case laws 10 …

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Intellectual Property Rights In Digital Age

Abstract:   Intellectual property pertains to the ownership of intangible assets, which encompass ideas, designs, symbols, writings, and creative works. It also includes digital media like audio and video files available for download online. Because intellectual property is intangible, recovering it after theft can be challenging. For instance, someone might develop an innovative invention. Copyright emerged …

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 Sports Gambling: Increasing fans or corrupting the joy of the sport?

Abstract This essay examines the development of sports betting laws throughout history, their effects on the economy, their ethical ramifications, and their potential future developments. Through an analysis of various regulatory frameworks across the globe, this research emphasizes how technology has shaped contemporary gambling behaviors and the endeavors to preserve professional sports integrity. This research …

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CONSUMER PROTECTION ACT 2019 AND ITS IMPACT ON E-COMMERCE

Abstract-This research paper explores the overview of consumer protection act and its impact on e-commerce. It defines how the act protects the consumer from online transaction. It also gives the objective and importance of the act. The study also analyzes e- commerce and its growth in India. It gives guidelines on the rules of e-commerce …

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