ABSTRACT: This research paper explores the taxation of intellectual property (IP) across various global jurisdictions, focusing on India, Egypt, the UK, the USA, and the European Union. It examines the different legal frameworks and tax treatments applied to IP transactions, including licensing, transfer, and self-developed IP. The paper highlights the impact of these tax policies …
Abstract: This research paper intends to examine everlasting changes and reforms in the Indian taxation system and associated laws. A review of evolution in the taxing system has been critically analyzed along with their impact and effectiveness. Tax is the source of revenue for the government, and it also acts as an economic indicator at …
(2022) Citation Writ Petition (Cr.) No. 491/2022 Court: Supreme Court of India Bench: • Hon’ble The Chief Justice Ranjan Gogoi • Hon’ble Mr. Justice Deepak Gupta • Hon’ble Mr. Justice Sanjiv Khanna Parties: Appellant: • Ms. Bilkis Yakub Rasool • Sr. Adv. Shadan Farasat, AOR • Mr. Shankar Narayanan, Adv. • Ms. Jahnavi Sindhu, Adv. • Ms. Shruti Narayan, Adv. Sr. Adv. Shobha Gupta Sr. Adv. Tushar Mehta Sr. …
Abstract Blasphemy laws in India, rooted in the colonial-era Indian Penal Code of 1860, have long been a subject of debate. These laws, particularly Section 295A, were designed to maintain public order by penalizing acts intended to outrage religious sentiments. While originally intended to manage religious sensitivities in a diverse society, their relevance and application …
Blasphemy Laws in India, An Outdated Victorian Era Law or a Need of the Hour? Read More »
ABSTRACT: Live-in relationships are quite prevalent in India, as is an alternative form of marriage; it is the state or situation of two people living together in a long-term relationship without getting married. Although the easiest and least binding concept, it has various complexities and legal responsibilities. Recent legal developments have also attempted to regulate …
A COMPREHENSIVE ANALYSIS OF THE LIVE-IN RELATIONSHIP LAWS AND CHALLENGES IN INDIA. Read More »
Facts Issues Raised Is the practice of media recording oral statements made in court proceedings a lawful and constitutional one? Important Provision Article 19 (1)(A)- Guarantees Freedom of Speech & Expression Contention Petitioner: Respondent: Rationale The bench ruled that the Madras High Court’s oral remarks are not part of the official judicial record. It affirmed …
ELECTION COMMISSION OF INDIA vs. MR. VIJAYA BHASKAR (2021) Read More »
Abstract Interstate water disputes are becoming more frequent and intense due to the growing water demand, which is mostly within state jurisdiction, as well as the states’ growing assertion of their political and legal authority. This issue concerns the overlap of two legal areas: water law and federalism defined by the Constitution. Building effective and …
From Conflict to Collaboration: Assessing Union’s role in Interstate water disputes Read More »
INTRODUCTION: The City of McKinney, Texas, inadvertently caused irreparable damage to the home of Vicki Baker in the middle of a high-stakes standoff between law enforcement and an armed fugitive. Police Department of the City used tear gas to force the individual out in a prolonged standoff with the fugitive on July 25, 2020. Unfortunately, …
ABSTRACT: AI’s rapid evolution seems to pose a big threat to privacy as well as personal data protection. As AI keeps depending on personal data in training and deciding, we find a stronger element of having to weigh up the advantages of AI that we have realized with the need for people to keep their …
(15 February, 2024) Background and Facts: The case of Association for Democratic Reforms v. Union of India revolves around the fundamental issue of transparency in Indian democracy. When presenting Union Budget of 2017-18 Former Finance Minister (Arun Jaitley) stated that after 70 years of Independence, country has not evolved for the transparent method for funding …
Association of Democratic Reforms v. Union Of India Read More »
Abstract Indian stock exchange holds a predominant place in the world’s economy as it is witnessing increase in its demand and has subsequently gained importance which requires strategies to govern smooth functioning. In light of the present globalization age and the ensuing rise in global investments. Listing agreement which is a part of corporate governance …
COMPARATIVE ANALYSIS OF STOCK EXCHANGE ‘LISTING AGREEMENTS’ OF INDIA WITH UNITED STATES Read More »
Abstract Article 44 of the Directive Principles of State Policy (DPSP) requires the State to make every effort to provide its citizens with a unified civil code all over India. Uniform Civil Law asserts that all segments of society, regardless of belief, would be treated equally under national civil law that will apply consistently to …
A COMPARATIVE STUDY By- Yuvraj Pandey ABSTRACT: The growing cases under the PMLA in the recent years and keeping the Sedition on hold by the Supreme Court of India puts both the laws under the radar of review by the apex court as their conviction percent is very less than of the registered cases specially …
WRIT PETITION (C) NO. 59 OF 2013 Association of Old Settlers of Sikkim and Ors. …Appellant(s) Versus Union of India and Anr …
Association Of Old Settlers Of Sikkim vs Union Of India Read More »
CASE DETAILS Judgement Cause Title Charan Singh @Charanjith Singh V. State of Uttarakhand Case Number Criminal Appeal no 447 of 2012 Judgement Date 20th April 2023 Court Supreme Court of India Quorum Abhay S. Oka, Rajesh Bindal Author Rajesh Bindal Legal Provisions Involved Section 304B,498A, 201 of IPC Section 113A of IEA INTRODUCTION In India, …
CHARAN SINGH @CHARANJIT SINGH V. STATE OF UTTARAKAHND Read More »
ABSTRACT Amendments are crucial resolutions via which society transforms and learns, the overall social, political, as well as cultural worldview transform as well. This research paper describes and analyses the role of constitutional amendments in the Indian social economic systems. Furthermore, it examines the general effects of constitutional amendments concerning the authorities and power dynamics …
CONSTITUTIONAL AMENDMENTS AND INDIA: A SYMBIOTIC RELATIONSHIP Read More »
Abstract This was triggered by communication advancement and use of technology which has made countries develop regulations to protect their citizens’ information. Issues related to data localization and cross border data transfer have thus become particularly prominent in this context especially within the Indian environment. This has been due to increased cases of data breaches …
Data Localization and Cross-Border Transfers in India: Privacy And Security Issues Read More »
ABSTRACT In recent years, the phrases “return of colonial artefacts, colonial loot” and “repatriation” have become increasingly prominent. These terms have woven themselves into discussions about colonial rule and its lasting impacts. It’s widely acknowledged that imperial powers, driven by greed and a hunger for dominance, often plundered their colonies, seizing countless artefacts and transporting …
ABSTRACT The primary object of this paper is to analyse & expound the intrinsic relationship between the Patents & the Competition Law, under the context of the persisting Indian legal framework. It’s essential to elucidate the legal position on the interplay between the two, in light of the growing antitrust concerns arising out of the …
PATENTS & COMPETITION LAW: ALL ABOUT THEIR QUIRKY CORRELATION IN THE INDIAN CONTEXT Read More »
Abstract This legal research paper examines the intricate interplay between voting rights and racial discrimination in India and other countries. Through a comparative analysis of constitutional provisions, legislation, judicial decisions, and socio-political contexts, the study delves into the challenges, legal frameworks, and policy responses surrounding electoral integrity and racial equality. Drawing upon case studies, academic …
Voting Rights and Racial Discrimination : A Legal Analysis Read More »
Abstract The juvenile justice system is designed in such a way that it addresses and handles juvenile delinquency which encompasses crimes committed by minors. This paper explores the contrast between the restorative and punitive approaches within the juvenile justice systems with a specific focus on India in comparison with other legal systems. The methodology used …
Respondent: State of Haryana Citation: Criminal Appeals nos. 1735-1735 of 2010 Date of the Case: May 28, 2021 Bench/ Judge: N.V. Ramana (CJI), Aniruddha Bose, Surya Kant Facts of the Case: Issues Raised: Code? Contention: Contention on behalf of Appellant: The appellant’s barrister contended that since there’s a chance it was a suicide, the likelihood …
Petitioners: Xxx Respondents: State of Kerala Acts involved: Protection of Children from Sexual Offences (POCSO) Act, Information Technology (IT) Act, Juvenile Justice (JJ) Act Important provisions: Sections 13(b), 14 and 15 of POCSO Act, Sections 67B (d) of the IT Act, Section 75 of the JJ Act Court: High Court of Kerala Bench: Dr. Justice …
CASE BRIEF (Crl.Rev.Pet.No.433/2022) Xxx v. State of Kerala Read More »
COURT NAME: IN SUPREME COURT OF INDIA JURISDICTION: CRIMINAL APPELLATE JURISDICTION APPEAL NO.: CRIMINAL APPEAL NO. 701-702 OF 2020 APPELLANT: Enforcement Directorate RESPONDENT: Kapil Wadhawan JUDGE/ BENCH: Judge K.M. Joseph; Judge Hrishikesh Roy; Judge B.V. Nagarathna. DATE OF JUDGEMENT: 27th March 2023 STATUES INVOLVED: Civil Code of Criminal Procedure, General Clauses Act. FACTS OF THE CASE: LEGAL ISSUE …
-by Hanshika Tiwari UPES, Dehradun Facts The petitioner challenged several sections of the Insolvency Bankruptcy Code, 2020 (the Code or IBC), concerning to the personal guarantor to the corporate debtor. The petitioner was a personal guarantor in two loans taken by the Reliance Communications Ltd. and Reliance Infratel Ltd. that amounted to Rs.1200 Crores from …
Case Brief: Anil Dhirajlal Ambani v. Union of India Read More »
Date of the case: 7th November 2022 Citation: Writ petition (civil) No.55 of 2019 Petitioner: Janhit Abhiyan Akhil Bhartiya Kushwaha Mahasabha, the People Party of India, SC/ST Agricultural Research and Education Employees Welfare Association, and Youth for Equality. Respondent: The Union of India, the State of Maharashtra, the Ministry of Personnel, Public Grievances and Pensions, …
TYPE OF CASE: Civil Appeal JUDGES: A.M. Khanwilkar, Hrishikesh Roy and C.T. Ravikumar, JJ. COURT: Supreme Court of India FINAL DATE OF JUDGEMENT: 7th October 2021 LEGAL COUNSELS FOR APPELLANTS: Mr. Mukul Rohatgi, Mr. Dushyant Dave LEGAL COUNSELS FOR RESPONDENT: Mr. Nidhesh Gupta FACTS ISSUES RAISED 1. Is it possible for the NGT to carry …
MUNICIPAL CORPORATION OF GREATER MUMBAI VS ANKITA SINHA Read More »
CITATION: 2023 (SC) 598 APPELLANT: Rahul Gandhi RESPONDENT: Purnesh Ishwarbhai Modi COURT: Honourable Supreme Court of India DATE OF FINAL JUDGEMENT: 4th of August, 2023 CASE TYPE: Special Leave Petition (Criminal) No. 8644 of 2023 BENCH: 3 Judge Bench (Justice B.R. Gavai, Justice P.S. Narasimha, and Justice Sanjay Kumar) LEGAL PROVISIONS INVOLVED: Section 499, 500 …
CASE COMMENT RAHUL GANDHI VS. PURNESH ISHWARBHAI MODI AND ANR, 2023 Read More »
Background 1. Facts The case of Govt. of NCT of Delhi vs. Union of India (2023) is a significant legal battle that centers around the distribution of powers between the elected government of the National Capital Territory (NCT) of Delhi and the Union government of India. The roots of this conflict lie in the unique …
Case Comment: Govt. of NCT of Delhi vs. Union of India (2023) Read More »
Abstract: Generally speaking, animals were regarded as less sentient than humans and had no rights other than to be used for everyday purposes. In civilized nations, their rights were hardly ever recognized by the courts. Over time, however, academics argued that animals should be given a legal standing in addition to their rights. Consequently, the …
Jurisprudential Aspect of Animal Rights – An Analysis Read More »
Abstract This paper looks at the three controversial agriculture laws revoked by the Government of India in 2021 and the widespread agitation by farmers across the country. In this regard, this paper examines the reasons behind the legislation, its probable consequences as well as the reasons for the revocation of these laws. It delves into …
The Farm Laws Repeal: Analyzing the Impacts and Way Forward Read More »
ABSTRACT The criminal justice system of India is vast and complex and within this system, the concept of bail has become elusive and ambiguous as the code doesn’t provide an exhaustive list of the conditions for granting and rejecting bail rather it depends upon the judicial discretion of the court. This paper examines how the …
Judicial Discretion in Granting Bail for Non-Bailable Offenses Read More »
-by Hanshika Tiwari Abstract Companies are incorporated with the purpose of profits and expansions. Every company has a vision to gain more profit and increase its working, for which it uses different growth models, like organic growth (internal) and inorganic growth (external), mergers, acquisitions, strategic alliances, and joint ventures. These procedures require approvals and decision …
ABSTRACT This research paper examines the role of electoral bonds and their impacts on the political landscape of India, which introduced anonymous financial contributions to political parties. As per the Indian ethos, democracy comprises the values of freedom, acceptability, equality, and inclusivity in society and allows its common citizens to lead a quality and dignified …
Electoral Bonds and Democracy in India: Transparency in Political Funding. Read More »
Abstract Arbitration is an alternative dispute resolution mechanism where a neutral third party, the arbitrator, renders a binding decision, offering a less formal and faster process than traditional court proceedings. Intellectual Property Rights (IPR) protect creations of the mind and grant exclusive rights to creators, with international frameworks supporting these rights. The intersection of arbitration …
ROLE OF ARBITRATION IN INTELLECTUAL PROPERTY DISPUTES Read More »
ABSTRACT The rapid advancement of artificial intelligence (AI), particularly generative AI, presents significant challenges and opportunities across various domains. This research paper explores the capabilities and implications of generative AI, focusing on deepfakes, which use deep learning techniques to create highly realistic synthetic media. The paper examines the applications and ethical concerns of generative AI, …
ABSTRACT The rampant occurrence of systemic fraudulent Activities in Recruitment Examinations significantly jeopardizes the system’s credibility and diminishes the chances for deserving candidates. The recent passage of the Anti-Cheating Bill by the legislature represents a critical first step in addressing this issue. Nonetheless, enforcement challenges persist. This bill seeks to curb dishonest practices in public …
LEGAL ANALYSIS OF THE PUBLIC EXAMINATIONS (PREVENTION OF UNFAIR MEANS) ACT, 2024 Read More »
ABSTRACT- This research paper explores the intersection of male rape and domestic violence, both of which are significant social issues needed to be addressed at the earliest and it also focuses on their overlaps and differences. Both male rape and domestic violence are often overshadowed by stereotypical gender norms that have perceived men solely as …
THE INTERSECTION OF MALE RAPE AND DOMESTIC VIOLENCE – THE OVERLAPS AND DIFFERENCES Read More »
Author: Shivanshu Mishra, 2nd Semester, Campus Law Center, Faculty of Law, University of Delhi. Abstract LGBT rights refer to the essential freedoms that lesbian, gay, bisexual, and ambisexual people have to live true lives, free from prejudice, and to have equal rights, individual independence, and the ability to express and associate with others. The ideals …
Title: The Intersection of Religious Freedom and LGBTQ+ Rights Read More »
ABSTRACT: This research paper aims to examine the Legal and Ethical Aspects of Surrogacy in India, tracking its development and role in a nation like India where it was once a common practice and means of livelihood for some individuals, but is now commercially prohibited. The author provides a concise overview of surrogacy and its …
FROM TABOO TO TRENDS: Tracing the Transformation of Surrogacy Practices Read More »
Abstract: This paper will include the discussion on how the 24th constitutional amendment act stands as a pivotal in nation’s legislative history, we will discuss on what was the need or what is the reason or what were the circumstances that were created leading to the 24th amendment in the Indian constitution. We will talk …
24th Constitutional Amendment : history and effect. Read More »
FACTS The All India Football Federation is the governing body for football in India. It promotes and regulates the game at different levels. As of late, AIFF has suffered from various allegations of mismanagement, lack of transparency, and non-compliance with statutory regulations. The 2022 case of AIFF v. Union of India & Ors. brought such …
All India Football Federation (AIFF) v. Union of India & Ors. (2022) Read More »
Abstract: This research paper delves inside India has been marking its approach towards the influx of immigrants and refugees through long arrays of legal battles on the contentious issue of immigration laws and policies. The country has a complex legal system, accompanied by the socio-cultural heterogeneity, is the reason which has led to a lot …
Deportation Dilemmas: Untangling Immigration Enforcement Laws Read More »
INTRODUCTION The Supreme Court of India, in a recent case, delivered a landmark judgment on the 19th day of April, 2024. This judgment pertained to Section 7 and Section 8 of Hindu Marriage Act, 1955 (hereinafter referred to as “the Act”). The judgment was delivered by a two-judge bench of the Supreme Court, which comprised …
Case Comment – Dolly Rani v. Manish Kumar Chanchal Read More »
ABSTARCT In Indian society, Marriage is considered a sacred union not just between the husband and the wife, but also between their families. Up until the 20th century, marriage was considered an indissoluble union. However, with the advancement in the society, several matrimonial remedies were provided to the spouses, which include restitution of conjugal rights, …
RESTITUTION OF CONJUGAL RIGHTS – A REMEDY TO BE DONE AWAY WITH? Read More »
Abstract With esports becoming a global co-participant industry, we find law professionals are faced with specialist legal issues in cross-border competitions, due to the unique features of the industry. Thus, by illustrating the idea of functional jurisdiction, this paper proposes to explore the relevant international legal frameworks & regulations in esports and make reference to …
Virtual Jurisdictions: The Legalities of Cross-Border Esports Competitions Read More »
Abstract Numerous facets of science, medicine, agriculture and industry have been transformed by genetic engineering and biotechnology. However, with these breakthroughs come complicated legal and ethical issues that must be carefully examined and regulated. This research article delves into the legal and ethical challenges with genetic engineering and biotechnology, examines current rules and regulations at …
Introduction From this, it is easy to discern that the decisions made in the case of XYZ v. State of Gujarat was a call for protection of reproductive rights and mental health of a woman specifically on issues like forced pregnancy by deceit or violence. The Supreme Court’s intervention highlighted the importance for courts to …
Abbreviations: SAT: Securities Appellate Tribunal WTO: Whole Time Member SEBI: Securities and Exchange Board of India PCJ: Padam Chand Jeweller PIT: Prevention of Insider Trading Regulation Act, 2015 UPSI: Unpublished Price Sensitive Information r/w: Read With Facts: A jewellery company incorporated by 3 brothers named Padam Chand Gupta(chairman), Balram Gupta(Managing Executive) and Amar Garg on April 13, 2005, under Companies Act, 1956 …
Balram Garg vs Securities and Exchange Board of India Read More »
INTRODUCTION This is a case commentary for the case in which the appellant is Mr. Ram Kishor Arora, and the respondent is the Directorate of Enforcement. This case was brought to the Supreme Court of India, and Justice Bela M. Trivedi and Justice Satish Chandra Sharma took the decision. The main legal provisions debated in …
CASE NAME- RAM KISHOR ARORA V. DIRECTORATE OF ENFORCEMENT Read More »
ABSTRACT Aiming to bridge the gap that has been prevailing concerning the political representation of women, the 128th constitutional amendment came to reserve one-third of seats in the Lok Sabha and State Assemblies for women. Article 15(3) of the constitution has given special provisions to women and children. It has addressed women’s longstanding challenges in …
THE CONSTITUTION (ONE HUNDRED AND TWENTY-EIGHTH AMENDMENT) BILL, 2023, AN ANALYSIS Read More »
FACTS ISSUE RAISED CONTENTIONS ARGUMENTS BY THE PETITIONER (i) Lack of legislative competence since the Amendment Act does not fit into Entry 34, List II, Schedule VII of the Constitution of India. (ii) Violation of fundamental right to freedom of speech & expression guaranteed under Article 19(1)(a) since playing games & sports of skill is …
ALL INDIA GAMING BOARD FEDERATION V. STATE OF KARNATAKA Read More »
ABSTRACT: Manipur has traditionally served as a microcosm of the complex and varied socio-political environment of India. The state, which is known for its diverse ethnic cultures, has also been known for its violent conflicts and instability, which are often caused by underlying communal issues. The article examines the complex issues surrounding Manipur’s unrest, looking …
HUMAN RIGHTS UNDER SIEGE: COMMUNAL VIOLENCE IN MANIPUR Read More »
Case title: Apoorva Arora and Anr. Vs State (Govt. of NCT of Delhi) Case no.: SLP (CRL.) No. 5463-5464/2023 Decided on: 19.03.2024 Quorum: Hon’ble Justice A.S. Bopanna, Hon’ble Justice Pamidighantam Sri Narasimha INTRODUCTION The case of Apoorva Arora vs. State (Govt. of NCT of Delhi) represents a significant turning point in Indian law about the harmony between legal standards …
ABSTRACT International trade and marine security are severely hampered by maritime piracy. Piracy, which is defined as illegal acts of violence or robbery carried out for private benefit in international waters outside of state borders, takes advantage of gaps in the law, unrest in the region, and geographic weaknesses. This research examines the legal frameworks …
TITLE: PIRACY AND UNAUTHORIZED ACTIVITIES: LEGAL MECHANISMS IN MARITIME LAW Read More »
INTRODUCTION The landmark verdict in the case of Vikash Kumar v. Union Public Service Commission (UPSC) by the Supreme Court of India broadens the scope and implementation of disability rights in India. In arrange to guarantee that individuals with incapacities can completely and viably take an interest in society, it is significant to create sensible …
VIKASH KUMAR V. UNION PUBLIC SERVICE COMMISSION (UPSC) (2021) Read More »
ABSTRACT The worldwide design industry could be an energetic and critical constraint forming shopper tastes and ways of life. Despite its appeal and inventiveness, buyers as often as possible experience a huge number of impediments, crossing from degenerate work hones to beguiling limited-time strategies and fake merchandise. In arrange to diminish dangers and protect customer …
ENHANCING CONSUMER PROTECTION IN THE FASHION INDUSTRY Read More »
FACTS On July 1, 1994, the dead and accused appellant No. 1 tied the knot. Around 4:00 or 4:30 PM on July 31, 1995, the complainant received word from someone that his daughter was hospitalized due to a bad illness. After learning of this, the complainant hurried to the hospital with his wife and kid, …
ABSTRACT the recent June 4th event, when the NTA announced the NEET UG results concurrently with the announcement of the Lok Sabha Elections 2024 results. This was perceived as a calculated action by the NTA to quell student complaints during the election-related fervour. The students have openly said that NTA has deceived them by disclosing …
Unveiling the NTA Scam: A Right to Information Analysis Read More »
Dated-7th may 2014 Court- The Supreme Court of India Bench- K. S. Radhakrishnan, Pinaki Chandra Ghose ANIMAL WELFARE BOARD OF INDIA v. UNION OF INDIA (2023) Dated- 18th may 2023 Court- The Supreme Court of India Bench- Justices KM Joseph , Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar Facts of the case One …
ANIMAL WELFARE BOARD OF INDIA v. A NAGARAJA & ORS (2014) Read More »
Abstract: This research paper aims at exploring the effectiveness and effects of electoral bonds under the context of the Indian political scenario primarily in the models of donating without compromising the identity of partisan donors. While AEBs were launched aiming to increase transparency in political funding and curbing ‘black money’, transparency where chances of quid …
The Supreme Court in Bharti Airtel and Anr. v Vijaykumar V, Iyer has settled various issues regarding insolvency proceedings under the Insolvency and Bankruptcy Code (IBC) that have arisen before the Court of law in cases such as Union of India v Association of Unified Telecom Service Providers of India. This case comment will provide …
Court – Supreme Court Case number: Writ Petition (Civil) No. 1137/2023 References By Shashank Singh Symbiosis Law School, Pune
Bench- ABHAY S. OKA; J., SANJAY KAROL; J Date of Hearing -August 11, 2023 Court- Supreme Court of India. Appealed from- Madras High Court. INTRODUCTION- Union of India vs. K. Pushpavanam was an important judgment in the purview of judicial overreach and overstepping actions of the judiciary to control the legislative. The Supreme Court in the …