ABSTRACT Bharatiya Nyaya Sanhita was introduced on 11 August 2023 and received President’s assent on December 25, 2023 to replace Indian Penal Code. It will become effective from July 1, 2024 replacing Indian Penal Code which has been a backbone of our criminal justice system for more than 6 decades. BNS will effectively replace IPC, …
FALSE PROMISE OF MARRIAGE: AN OFFENCE UNDER BNS. Read More »
INTRODUCTIONIn the case of Kaushal Kishore v State of Uttar Pradesh, a five-judge bench the court has interpreted articles 19 and 21 in the context of members of parliament and members of legislative assembly. In addition to that Justice Nagarathna has delivered a separate opinion dissenting on some issues. The case addresses the application of …
CASE COMMENT KAUSHAL KISHORE V. STATE OF UTTAR PRADESH AND ORS. Read More »
ABSTRACTThis essay will examine the legal odyssey of same-sex marriage in India, which started with the introduction of Section 377 into Indian Penal Code during the colonial era. It does this by studying how sexual minorities fought the unjust laws which eventually led to milestone events such as the progressive ruling of Delhi High Court …
Author – Mayukh Parial 2nd Year, BBA.LLB(H), UEMK Contact – mayukhparial@gmail.com LinkedIn: www.linkedin.com/in/mayukh07 ACKNOWLEDGEMENT: In spite of and addition to the due mention and recognition given to priorly existing literary work used for reference/citations in compiling/arranging the data incorporated in this paper, the Author humbly proclaims that if any further due bibliographical recognition is …
FIRST TASK – RESEARCH PAPER BATCH – MAY’ 2024 SUBMITTED BY: PARAS ADESARA MARWADI UNIVERSITY 3rd YEAR LAW STUDENT TABLE OF CONTENT SR NO. PARTICULARS PAGE NO. 1 ABSTRACT 3 2 INTRODUCTION 3 3 REVIEW OF LITERATURE 4 4 RESEARCH METHODOLOGY 4 5 (A)ADMINISTRATIVELAWANDGOODGOVERNANCE 5-6 6 (B)ADMINISTRATIVELAW’SFUNCTIONINGOODGOVERNANCE 7-11 7 (C)TRANSPARENCY AND ACCOUNTABILITY’S …
SECOND TASK – CASE COMMENT BATCH – MAY’ 2024 TABLE OF CONTENTS Contents BACKGROUND OF THE CASE 3 FACTS 4 ISSUES OF THE CASE: 5 CONTENTION: 6 Arguments from the Plaintiff’s side: 6 Arguments from the defendant’s side: 6 LEGAL PRINCIPLE USED IN CASE: 8 APPLICATION OF LAW: 9 Who can infringe? 9 What constitutes …
TOPIC: BAJAJ ELECTRICALS LTD. VS. GOURAV BAJAJ AND ANR. 2020 (82) PTC 40 (BOM.) Read More »
ABSTRACT: When we talk about the international relations maritime disputes always generate heavily, new recent circumstances create a focus for The Law of the Sea to be the ultimate adjudicate over these disputes. Tackling the newest stages of the unilateral diplomatic game and exploring one of the most significant legal tools for controlling maritime conflicts …
The Law of the sea: Navigating Maritime Disputes Read More »
Facts: In Louisiana, Evangelisto Ramos was found guilty of second-degree murder by a 10-2 jury. At the time, non-unanimous jury judgments in criminal cases required the agreement of at least 10 out of 12 jurors in order to be found guilty under Louisiana law. Ramos claimed that his constitutional rights were infringed by the jury’s …
ABSTRACT The COVID-19 pandemic has resulted in unprecedented global issues that impact various domains of governance and legality. This study project looks specifically at how the epidemic has affected India’s property laws, with a focus on intellectual property rights like copyright, trademark, and patent laws. The beginning of the pandemic accelerated the passage of historic …
Abstract: SARFAESI Act, 2002 This act basically came into force to decrease the amount of NPAs that were happening and provide protection to the banks and financial institutions. This paper here deals with the different methods of recovery of debt by the secured creditor, like securitization and asset reconstruction, but in addition, there are many …
Abstract This paper discusses anomalies in the new Bharatiya Nyaya Sanhita Bill 2023 and conducts a comparative analysis between the proposed bill and the established Indian Penal Code (IPC) with special regard to laws concerning rape and unnatural offences. Using the methodology of doctrinal research, comparative analysis of the bill has been done. The writer …
Introduction Wiretapping, the covert monitoring and recording of telephone and internet communications, has long been a powerful tool for law enforcement and intelligence agencies. Its ability to intercept real-time conversations provides critical insights into criminal activities, national security threats, and other significant investigations. However, this powerful surveillance technique also brings to the forefront a host …
Wiretapping: Unveiling the Intricacies of Surveillance and Privacy Read More »
Abstract Provisions for amendment of the Indian constitution is made with a view to overcome the difficulties, which may encounter in future in the working of the Constitution. No generation has monopoly of government according to their requirements. If no provisions to extra constitutional method like revolution to change the Constitution. It has been the …
Title- Amending the Constitution of India: Process and Limitations Read More »
Abstract In order to grant daughters the status of coparceners, or the same rights on the property of their fathers’ ancestors, the Hindu Succession (Amendment) Act, 2005 was enacted. Coparcenary property was a special kind of joint family property that was exclusively inherited by male lineal descendants of a common ancestor by birth prior to …
Decoding Right to Property for Female Coparcenary Read More »
Abstract This paper critically examine the admissibility and evidentiary value of dying declaration by assessing various judicial pronouncement. This paper meticulously explores the historical development of dying declaration which presumes the veracity of statements made in the face of impending death by assessing their roots to the 1789 case of King v William Woodcock and …
EVIDENTIARY VALUE OF DYING DECLARATION UNDER INDIAN EVIDENCE ACT Read More »
Abstract: Gender discrimination within law enforcement agency remains a persistent and complex issue, with significant implications for organizational culture, effectiveness and public trust. Despite the progress made in recent decades, women continue to face significant barriers to equal opportunities and fair treatment in law. It is a pivotal field to discuss as without equality there …
Title: Gender Discrimination in Law Enforcement: A Comprehensive Analysis Read More »
ABSTRACT Adoption under Hindu Law requires meeting various conditions and requirements in order to be legitimate, which are governed by a codified set of rules and regulations. When a child is adopted, the biological parents legally give up all parental rights and duties to the adoptive parents. The adopted parents become the child’s natural parents. …
ABSTRACT: Gene editing and genetic enhancement technologies can be likened to superheroes when it comes to securing our food sources and improving farming efficiency. They possess incredible power, yet they also bring forth a range of challenges. These challenges encompass aspects such as establishing clear guidelines and regulations, defining ownership rights, ensuring the safety of …
TITLE: LEGAL IMPLICATIONS OF GENE EDITING AND GENETIC ENHANCEMENT IN AGRICULTURE Read More »
ABSTRACT Advances in science and technology have made forensic science a vital part of the justice system. DNA evidence has played a vital part in the criminal justice system in recent years. In many cold cases, there was a lack of traditional evidence. DNA evidence helps in criminal investigations and establishes a connection between the …
Use of DNA evidence in criminal justice systems. Read More »
ABSTRACT:- Testimony may be defined as a formal statement made by witness to what they saw and know about the situation after they promise to tell the truth in court. Section 118-134 of Indian evidence act define who can testify as witness, what statement will be considered as testimony etc. Section 118 of Indian evidence …
TITLE – SUBMISSION OF ANIMAL TESTIMONY IN COURTS AND ITS RELEVANCE IN FUTURE Read More »
INTRODUCTION: On 1 September 2023, a bench of three judges of Hon’ble Supreme Court of India led by Chief justice of India Dr. DY Chandrachud, delivered a very important judgement in the case of Revanasiddappa and another vs. Mallikarjun and Ors. The judgement answered a long-lasting legal confusion regarding the rights of inheritance born out …
REVANASIDDAPPA V. MALLIKARJUN (2023), SCC Online SC 1087 Read More »
Abstract: This paper examines the complex relationship between intellectual property (IP) trademarks and economic recessions. Trademarks, a critical component of IP, serve as valuable business assets by protecting brand identity and consumer trust. However, during economic downturns, businesses face unique challenges and opportunities regarding their trademark portfolios. This paper explores how recessions impact trademark registration …
COURT: Supreme Court of India DATE OF JUDGEMENT: 11 March 2024[1] BENCH: B R Gavai, Dhananjaya Y Chandrachud PETITIONER: Association For Democratic Reforms And Ors. RESPONDENT: State Bank Of India APPLICANT: Association For Democratic Reforms And Ors. TAGS: banking, privacy, transparency, and election financing FACTS In this case, the Association for Democratic Reforms And Others …
Abstract The concept of indirect discrimination, while seemingly neutral on the surface, poses significant challenges to equality and inclusion in various facets of society, particularly in the workplace. This abstract delves into the meticulous dynamics of indirect discrimination, contrasting it with direct discrimination, and explores its manifestation through case studies and legal precedents within Indian …
Indirect discrimination: analyzing contemporary mechanisms against women in workplace. Read More »
Case Title Budhadev Karmaskar vs The State Of West Bengal Citations 2011 AIR SCW 1303, 2011 (11) SCC 538, 2011 CRI. L. J. 1684, AIR 2011 SC (CRIMINAL) 575, 2011 (3) AIR JHAR R 316, (2011) 2 CHANDCRIC 128, (2011) 2 JCR 65 (SC), 2011 CRILR(SC&MP) 236, 2011 (3) SCC(CRI) 397, 2011 (2) SCALE 435, …
Case Commentary on Budhadev Karmaskar vs The State of West Bengal Read More »
The Pegasus spyware case, also known as Manohar Lal Sharma v. Union of India[1], concerns claims of illegal surveillance by Indian government agencies employing the Israeli business NSO Group’s[2] Pegasus spyware. The following are the case’s salient facts: A group of foreign media outlets, including “The Wire, revealed in July 2021 that Pegasus malware had …
Abstract: Gender workers, prison staff and people with disabilities face discrimination, harassment, and discrimination. Gender, as well as factors such as class, wealth and disability, exacerbate the problems faced by these groups. Social workers are often punished and discriminated against, have limited economic opportunities, lack legal protections, and face significant risks of abuse. Promoting gender …
INTRODUCTION: In the significant case of Dinesh Gupta vs. The State of Uttar Pradesh, the Hon’ble Supreme Court delivered its judgment with considerable surprise upon discovering several crucial facts that had previously been concealed from both itself and the lower courts. This case centred on the non-repayment of a large loan, amounting to crores, provided …
Abstract This research paper examines the constitutional challenges faced by indigenous communities in India regarding tribal rights and land disputes. Despite constitutional provisions and international commitments, indigenous communities continue to encounter obstacles in protecting their ancestral lands and preserving their cultural heritage. The paper critically analyses the implementation gaps in constitutional provisions, explores the impact …
BY: POONAM INTRODUCTION FACTS OF THE CASE According to Section 19(1)(a) of the Competition Act of 2002, the “Informants” filed a complaint against Google LLC and Google India Private Limited (collectively referred to as “Opposite Parties” or “Google”), alleging, among other things, that Google abused its dominant position in mobile operating system markets in violation …
CASE COMMENT GOOGLE V. Competition Commission of India Read More »
I. Introduction The compulsory imposition of financial charges by governments on persons and corporations is known as taxation. Taxation is important to accomplish tasks like raising money to pay for public services, dividing the wealth to encourage social justice, monitoring behaviour to solve social issues (such as tobacco, alcohol, or carbon emissions to discourage their …
Abstract This article discusses the pros and cons of implementing a Uniform Civil Code (UCC) in India. The UCC would be a set of laws governing marriage, inheritance, adoption, etc., that applies to all Indians regardless of religion. Supporters of the UCC argue that it would promote gender equality, national unity, and social progress. They …
“The law is reason, free from passion.” – Aristotle Abstract: This paper focuses on the intricate legal debates and constitutional controversies that have arisen following the implementation of the Citizenship Amendment Act (CAA) in India. The primary objective of this research is to analyze the various legal aspects and constitutional dilemmas associated with the …
ABSTRACT The populace of a nation is categorized into Citizens and Non- Citizens ( Aliens). Gaining citizenship in India is intricate as the Constitution lacks definite or comprehensive provisions regarding Citizenship. The aspect of Citizenship, which should have normally been dealt by the legislature or the parliament, been taken into consideration by the Constitution of …
TITLE – The CAA Conundrum: Context, Clarity and Consequences Read More »
The debate over the implementation of a Uniform Civil Code (UCC) in India has been a contentious issue for decades. A UCC seeks to replace the diverse personal laws rooted in the scriptures and customs of India’s major religious communities with a common set of rules applicable to all citizens. Proponents argue that a UCC …
The Uniform Civil Code: A Boon or a Bane for India? Read More »
ABSTRACT This paper examines the anti-doping landscape in India, focusing on the National Anti-Doping Agency (NADA) and its relationship with key stakeholders. We explore NADA’s connection to the Sports Authority of India (SAI) for implementation and UNESCO for educational initiatives. The crucial role of the World Anti-Doping Agency (WADA) in establishing the anti-doping code and …
In the year 2009, the Government of India introduced the Aadhaar Card scheme to the citizens of India. The Aadhaar card was introduced to provide a unique 12-digit identification number to the country’s citizens. Various data of individuals were collected under the Aadhaar card scheme including iris scans, face scans, biometrics, and personal information such …
Abstract The Information Technology Act, 2000 provides a legal framework for electronic governance by recognizing electronic records and digital signatures. It addresses cybersecurity concerns by defining offences related to unauthorized access, data breaches and cybercrimes, along with prescribing penalties for such activities. In today’s world no one wants any kind of interference or threat in …
Abstract A juvenile or child is a person under 18 years old. International law recognizes any person under the age of 18 as a child. A child is defined by the United Nations Convention on the Rights of the Child (UNCRC) which has become universally acceptable. The Juvenile Justice Care and Protection of Children Act, …
Abstract One of the reasons behind people not approaching the court of law to seek justice in case of any unlawful event is the common belief that “proceedings of a court are too expensive” and as a lower middle-class citizen of the country, it is difficult to have funds to cover these costs. Court fees, …
Impact of Litigation Finance on Corporate Litigation Trends Read More »
Prashant Bhushan, the individual accused of contempt, is an experienced senior advocate with over thirty years of involvement in public interest litigation across various high-profile cases. On July 22, 2020, a petition was lodged against both Prashant Bhushan and Twitter Inc. in the Supreme Court of India, drawing attention to two tweets posted by Bhushan. …
“Analyzing the Prashant Bhushan Contempt of Court Case” Read More »
ABSTRACT: This paper talks about a recent issue faced by a large number of members due to the one of the most rapidly evolving field named as “Artificial Intelligence”. Issues such as data privacy, intellectual property rights, and liability for AI-generated errors pose significant legal challenges. It discusses about which law would apply, or whether criminal …
TITLE: ARTIFICIAL INTELLIGENCE AND LIABILITY LAWS Read More »
Abstract Surrogacy is a preferred path chosen and is becoming increasingly popular among many couples who want to but are unable to have children on their own, even though it can be challenging for both parties. It is a practice where a surrogate carries and gives birth to a child that she intends to give …
The Role of Mediation and Arbitration in Surrogacy Disputes Read More »
Equivalent citations: AIR 2019 SUPREME COURT 1196, AIR 2019 SC( CRI) 545, (2019) 3 SCALE 428, (2019) 1 CURCC 292, (2019) 4 ANDHLD 58, AIRONLINE 2019 SC 92 Author: R.F. Nariman Bench: Vineet Saran, R.F. Nariman Introduction The case between Ericsson and Reliance Communications (RCom) revolves around a Managed Service Agreement signed in 2013, where …
Reliance Communication Limited vs State Bank Of India on 20 February, 2019 Read More »
Details of the Case: Bench- Chief Justice DY Chandrachud, accompanied by Justices JB Pardiwala, & Manoj Misra First Case Admitted on- 30th August 2011 Last Date of Hearing -November 6, 2023 Court- Supreme Court of India. Introduction: Union of India V. Dilip Paul was a landmark judgement because it is established the standard of proof for …
Supreme Court Holding: The Supreme Court held that companies outside of an arbitration agreement can be made parties to arbitration proceedings as per the Group of Companies doctrine. Citation: 2023 INSC 1051 Bench: 5 Judge Constitution Bench Judges: D.Y. Chandrachud CJI, Hrishikesh Roy J, P.S. Narasimha J, J.B. Pardiwala J, Manoj Misra J Judgment date: 06.12.2023 …
CASE COMMENT BY: POONAM INTRODUCTION FACTS OF THE CASE According to Section 19(1)(a) of the Competition Act of 2002, the “Informants” filed a complaint against Google LLC and Google India Private Limited (collectively referred to as “Opposite Parties” or “Google”), alleging, among other things, that Google abused its dominant position in mobile operating system markets …
By – Mayukh Parial (Author) University of Engineering and Management, Kolkata Contact No. 7439445758 Email: mayukhparial@gmail.com 3rd Semester, 2022-27 Batch, BBA LLB (H) & Sanchari Das (Co-author) University of Engineering & Management, Kolkata Contact No. 89675 70078 Email: dastitli168@gmail.com 3rd Semester, 2022-27 Batch, BBA LLB (H) ABSTRACT A profession is something that is practised by …
Abstract: In India, the 2019 Citizenship Amendment Act (CAA) has generated a great deal of discussion and contention. The goal of this paper is to present a thorough legal examination of the CAA, looking at its constitutionality, effects on citizenship, and conformity to international agreements and standards. The study contends that although the CAA aims …
Scrutinizing the Citizenship Amendment Act: A Legal Analysis Read More »
CASE COMMENTARY CITATION: Criminal appeal no. 135/2010 DATE OF THE CASE: February 28, 2022 APPELLANT: Budhadev Karmaskar RESPONDENT: State of West Bengal BENCH/JUDGES: Justices L. Nageswara Rao, B.R. Gavai, and A.S Bopanna LEGAL PROVISIONS: Article 21 of The Constitution of India, 1949, Section 164 of CrPC, 1973 FACTS OF THE CASE The public’s conscience was …
CASE NAME – BUDHADEV KARMASKAR V. STATE OF WEST BENGAL 2022 SCC ONLINE SC 704 Read More »
(2023 SCC OnLine SC 264) FACTS OF THE CASE: 1.In 1970, a new pesticide plant was opened in Bhopal, which is the capital of Madhya Pradesh. When the pesticide plant was opened in Bhopal, there were many complaints regarding the safety of the employees, but the owners of the factory did not pay any attention …
CASE COMMENTARY UNION OF INDIA VS UNION CARBIDE CORPORATION Read More »
( Supreme court in civil appeal No. Diary no. 32601 of 2020) (2020) 9 SCC 1 Facts: The lawsuit concerns the Hindu Succession Act of 2005’s coparcenary right of the daughter in ancestral property. The Hindu Succession(Amendment) Act, 2005 gave the daughters coparcenary rights by birth as well as the authority to change the survivorship …
THE AMIKUS QRIAE NAME – LAVANYA MITTAL GROUP SAMRIDDHI AND SUDESHNA MONTH OF INTERNSHIP APRIL MODE OF INTERNSHIP VIRTUAL TASK FIRST WEEK TASK INTO-EVOLUTION The media plays a crucial role in society, acting as the Fourth Pillar of Democracy alongside the Legislature, Executive, and Judiciary. In India, the freedom of the press is protected under …
ABSTRACT India accommodates a significant influx of refugees from various of the world with ethnic backgrounds and religious beliefs. This paper tries to identify the roots of refugees and their level of persecution. Since India does not have a refugee law like The Refugee Act of 1980 of the United States of America, the paper …
Abstract: Crime against women remains a pervasive and distressing issue globally, cutting across socio-economic, cultural, and geographic boundaries. From domestic violence and sexual assault to harassment and trafficking, women face various forms of violence that not only violate their fundamental rights but also undermine their dignity and well-being. Despite significant efforts to address this scourge, …
THE AMIKUS QRIAE CRIME AGAINST WOMEN UNDER THE GRAB OF CUSTOM AND TRADITION Read More »
Abstract Artificial intelligence (AI) has exploded from science fiction to reality, impacting nearly every field, and intellectual property (IP) rights are no exception. This powerful tool presents a double-edged sword for IP. AI can revolutionize patent searches with faster and more accurate results, and even help sort and analyse inventions, identifying similar existing patents. However, …
Impact of Artificial Intelligence on Intellectual Property Law Read More »
ABSTRACT: Reproductive health of a women and the rights over her reproductive health is a crucial and a debatable topic nowadays. Various challenges and issue are faced by women for right over their own reproductive health is a point that needs a through research. The research paper aims to study about the meaning, nature and …
A DETAILED STUDY OVER THE REPRODUCTIVE RIGHTS OF A WOMEN AND REPRODUCTIVE TECHNOLOGY Read More »
Abstract In today’s fast-paced society, there has been a significant shift in the needs of the people. The internet has now become a crucial aspect of our daily routine, and electronic devices are now considered a fundamental necessity. This research paper aims to provide a detailed analysis of the emergence of cyberspace, cybercrime, and cyber …
Abstract : This research paper deals with the interplay & intersection of AI & IPR as the name suggests. It first talks about the ever-growing role of AI in the creative industry and how AI covers everything from writing assistance to image synthesis. But these props come with their cons. Thus, arises the legal issues …
The Interplay between AI & IPR & its Legal Implications for the Digital Economy. Read More »
Abstract Unlawful detention is the breach of Human rights resulting in bad impact on physical health, emotional imbalance and psychological distress for the victims. In India, there are various cases of unlawful detention requiring efficient and effective compensation mechanism to redress the grievances of victims. One universally accepted method of protection of victims is the …
Citation: MANU/SC/0502/2023 Decided on : 1st May 2023 Parties: Shilpa Sailesh Vs. Varun Sreenivasan Coram: Justices S.K. Kaul, Sanjiv Khanna, Abhay S. Oka, Vikram Nath, and J.K. Maheshwari, FACTS OF THE CASES In this case the husband filed for a divorce from his wife Mrs Shilpa on the grounds of cruelty in 2010 before a …
Case Number: Writ Petition (Civil) No. 528 of 2018 Court: Supreme Court of India Bench: – V. Ramasubramanian – Aniruddha Bose – Rohinton Fali Nariman Date of Judgment: 4th March 2020 Introduction: The case of Internet and Mobile Association of India vs. Reserve Bank of India, decided on March 4, 2020, by the Supreme Court …
Title: Internet And Mobile Association of India vs Reserve Bank Of India Read More »
Decided – 17 October 2023 Facts : The same-sex weddings’ legal recognition in India is at the center of the Supriyo v. Union of India (UOI) dispute. It is a significant turning point in the legal and social history of the nation, especially in light of the Supreme Court’s historic 2018 ruling to overturn Section …
Supriya Chakrabarty And Abhay Dhang Vs Union Of India Started – 25 November 2022 Read More »
Citation- Judgment dated- Introduction- Reservation policies have been a controversial topic in India for a long time. The purpose of these policies was to provide opportunities to the underprivileged sections of society who had been historically marginalized due to social inequality or their lower socioeconomic status. The government was granted the authority to create quotas …
CASE STUDY IN – JANHIT ABHIYAN V. UNION OF INDIA Read More »