W.P. (Civil) Nos. 456 of 2022 CORAM: B.R.Gavai, Sanjay Karol & Vikram Nath CITATION: MANU/SC/0756/2023 Sanjay Kumar Mishra, has been appointed as the Director of Enforcement Directorate, otherwise referred to as ED , through an order dated 19th of November 2018, for a tenure of 2 years by the President if India . This Sanjay …
CASE ANALYSIS Pooja Padmanabhan Jaya Thakur Vs. Union of India (UOI) and Ors. Read More »
Facts of the case:- In the annals of Indian history, the district of Ayodhya in Uttar Pradesh stands as a testament to both ancient legend and modern controversy. At the heart of this saga lies a 2.77-acre plot of land, known by its plot number 583, which became the epicenter of India’s most protracted and …
Rakesh Narula And Co. provided fire insurance to Harsolia Motors for sums of 90 lakhs and 75,38,000 rupees, respectively. During the 2002 Godhra riots, the insured properties were damaged by fire. While National Insurance Co. Ltd. accepted Rakesh Narula And Co.’s claim for 54,29,871 rupees, Harsolia Motors’ claim was denied. Both parties contested this decision …
ABSTRACT The massive “Digital India” effort, which was introduced in 2015, has significantly changed India’s digital environment in the last few years. With this programme, India hopes to become a knowledge-based economy, empower its population, and close the digital gap. In a similar vein, regulations are also designed to accommodate the rapidly evolving digital environment. …
Technology laws: Development and growth in India Read More »
Abstract: The Domain of alternative dispute resolution (ADR) plays a significant and pivotal role in alleviating court congestion. In this paper, we delve into the different methods of ADR mechanisms, which comprise arbitration, mediation, negotiation, and conciliation. We will examine their effectiveness in resolving disputes outside the traditional courtroom setting. With a comprehensive analysis of …
Submitted By: Ishita Jain 1 Abstract This research paper undertakes a thorough investigation into the legal rights afforded to female prisoners within the intricate framework of the criminal justice system. It delves into the multifaceted layers of systemic barriers that obstruct the pathway to justice for incarcerated women, shedding light on the intricacies of gender …
Empowering Justice: Ensuring Legal Rights for Female Prisoners Read More »
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 …
Abstract- In today’s digital age, protecting innovation through robust IPR mechanisms has become paramount. This research paper delves into the multifaceted challenges and opportunities presented by the digital landscape to IPR protection. The paper begins by elucidating the foundational concepts of intellectual property, including copyrights, patents, trademarks, and trade secrets, and their role in safeguarding …
Protecting Innovation: Intellectual Property Rights in a Digital World Read More »
Abstract This article deals with an introduction to mediation, and the necessity associated with the family law disputes to opt for mediation, as this primarily reduces the burden of the courts. Moreover, it also bring the parties to a level of calmness, and brings a possibility to resolve the disputes through an amicable manner. The …
Practical Implications of Mediation in Family Law Read More »
Abstract:- The concept of State, Statehood and State succession are intertwined and holds a crucial significance in the realm of international law. Before the 20th century, the concept of recognized sovereign states was not as clearly defined as it is today, and the number of entities considered as “recognized sovereign states” varied significantly over time …
Title of the Research paper:- Critical Analysis of the State and State Succession. Read More »
Abstract In this research paper, we delve into the realm of artificial intelligence, exploring its important role in addressing the challenges faced by the education system and what we could do better by using artificial intelligence in this advanced era. The integration of Artificial Intelligence (AI) into the education sector has held significant attention in …
Bench L. Nageshwara Rao, B. R. Gavai, and A. S Bopanna, JJ citation: criminal appeal number -135/2010 Facts the incident took place on 17th September 1999 where a prostitute namely Shrimati Chyay Rani Pal, also known as buri, aged 45, succumbed to death after getting beaten up brutally by a person named budhadev karmasker . …
Budhadev Karmaskar V. Union of India 2022 SCC Online SC 704 Read More »
Abstract : Lesbian, gay, bisexual, transgender, queer, also known as the LGBTQ community are slowly realizing the importance of their rights and are constantly fighting for it. This fight has increased considerably in the 21st century, especially in India. The reason of it is that now the people are more educated and aware about their …
Same-sex marriages and challenges with LGBTQ family law Read More »
ABSTRACT International Law in general consists of very diverse areas of law consisting of the relation of various states with each other. How they function with each other, how diplomacy works and the role of different nations geopolitically. International Law consists of various subject matters like Subjects of International Law, Sources of International Law, Relationship …
SUBMITTED BY- SUNIDHI MUSKAN ABSTRACT The Supreme Court of India in the year 2018 decriminalised Section 377 and held it as unconstitutional which stated that consensual homosexuality in private between consulting adults was a criminal and punishable offence. This law was introduced in India in the colonial-era that was at odds with modern notions of …
By- ARSALAN AZMI ASIAN LAW COLLEGE ABSTRACT This topic allows for an in-depth examination of the specific reforms introduced in India’s criminal justice system, their intended objectives, implementation challenges, and their effectiveness in reducing mass incarceration while promoting rehabilitation of offenders. India’s recent criminal justice reforms, including the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagrik Suraksha …
ABSTRACT This abstract discusses a study about protecting whistleblowers in cybersecurity, showing how it helps make society more transparent and accountable. Whistleblowing means reporting illegal activities, corruption, or bad behavior. Even though whistleblowers might face risks like losing their job or suffering mentally, not reporting can be even worse. To protect whistleblowers and encourage reporting …
LEGAL PROTECTION FOR WHISTLEBLOWERS IN CYBER SECURITY Read More »
Prologue: “The stopping of the judicial courts, had been blended, in the minds of some people, with the redress of grievances, considered only as a mode of awakening the attention of the legislature.” We will plunge towards the depth of the meaning of the above quote through the comprehensive study of the recent Supreme Court’s …
CASE COMMENT ON SUBHASH DESAI V. PRINCIPAL SECRETARY, GOVERNOR OF MAHARASHTRA & [1] ORS. Read More »
Abstract Access to justice, a fundamental aspect of democracy and a constitutional entitlement enshrined in Article 39A of the Indian Constitution, ensures the provision of competent legal aid to disadvantaged segments, thereby fostering a fair and equitable society. However, for many individuals in India, especially those with limited financial means, navigating the legal system can …
Abstract: What is the one thing that you cannot fight an election without…? Out of various answers what really stands out is ‘money’. It’s no longer a secret that money and politics go hand in hand and it will not be an exaggeration to say that elections cannot be fought without money as well as …
CITATION- CIVIL APPEAL NO. 10866-10867 OF 2010 COURT- SUPREME COURT OF INDIA DECIDED- 9TH NOVEMBER, 2019 APPEALED FROM- ALLAHABAD HIGH COURT JUDGES – Ranjan Gogoi (CJI), DY Chandrachud, Ashok Bhushan, S. Abdul Nazeer, Sharad Arvind Bobde. INTRODUCTION The case of M Siddiq (D) Thr V. Mahanth Suresh Das & Ors CIVIL APPEAL NO. 10866-10867 OF …
ABSTRACT Online games have become a trending topic during the COVID-19 pandemic, as lockdowns confined people to their homes. The sudden and tremendous growth in online gaming has raised concerns about safety, security, and misappropriation of content by cyber threats, which increased. Additionally, the addictive nature of these games led to both physical and mental …
ABSTRACT In today’s globalized world, disputes are common among parties involved in cross-border trade. To resolve these disputes, alternate dispute resolution (ADR) methods such as arbitration have gained popularity. When parties agree to arbitration, they accept the arbitrator’s decision, the award, as final and binding, without any avenue for appeals. However, court intervention in arbitration …
THE INTERPLAY BETWEEN CURATIVE JURISDICTION AND THE ENFORCEMENT OF ARBITRAL AWARDS Read More »
Abstract This research paper explores the concept of menstrual leave in India, examining the challenges women face in the workplace due to menstruation, its impact on productivity, existing policies in various countries, and the status of menstrual leave in India. It addresses criticisms, recent legal developments, and initiatives by companies and states. The study emphasizes …
Exploring Menstrual Leave in India: Moving Beyond Legal Framework Read More »
SHRESTH KUKREJA UILS, CHANDIGARH UNIVERSITY ABSTRACT This study delves into the evolution, variations, advantages, challenges, and legal frameworks associated with Online Dispute Resolution (ODR). Enabled by Information Communication and Technology (ICT)[1]ODR offers a streamlined avenue for resolving disputes through online mechanisms such as mediation, arbitration, and negotiation. From its initial stages in the 1990s to …
ONLINE DISPUTE RESOLUTION(ODR): AN EMERGING PLATFORM Read More »
Anish Kumar B.A.LLB (2ND Semester) School of law &legal affairs, Noida International University Email id: anishsingh2871@gmail.com Mobile no: +917295961189 INDEX S.NO CONTENTS 1. Abstract 2. Introduction 3. Main Causes of Fake Rape Allegations 4. Guilty Until Proven Innocent 5. Media & Society Misrepresentation 6. Consequences of False Rape Accusations 7. Case Laws 8. Conclusion …
ABSTRACT “Stop crying like a girl!”“Pink?! That’s a girl’s color! Are you gay?”“Cried during a movie? Oh, you are so gay!”“You want to pursue Arts!? That’s a girl’s stream! Boys only pursue Commerce or Science![1] Classic lines prevalent since a very long time and each one of us have heard these while growing up …
DOMESTIC VIOLENCE AGAINST MEN: UNCOVERING THE MYTH Read More »
Started – 25 November 2022 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 …
Supriya Chakrabarty And Abhay Dhang Vs Union Of India Read More »
Submitted By: Ishita Jain Abstract This research paper undertakes a thorough investigation into the legal rights afforded to female prisoners within the intricate framework of the criminal justice system. It delves into the multifaceted layers of systemic barriers that obstruct the pathway to justice for incarcerated women, shedding light on the intricacies of gender disparities …
Empowering Justice: Ensuring Legal Rights for Female Prisoners Read More »
Abstract: The Domain of alternative dispute resolution (ADR) plays a significant and pivotal role in alleviating court congestion. In this paper, we delve into the different methods of ADR mechanisms, which comprise arbitration, mediation, negotiation, and conciliation. We will examine their effectiveness in resolving disputes outside the traditional courtroom setting. With a comprehensive analysis of …
ABSTRACT This research paper provides an in-depth analysis of data privacy and protection laws in India, focusing on Digital Personal Data Protection Act (DPDP Act) of 2023, and its potential implications for businesses, individuals, and the digital economy. India’s Digital Personal Data Protection Act (DPDP Act) of 2023 marks a turning point for data privacy. …
DATA PRIVACY AND PROTECTION LAWS IN INDIA: CURRENT LANDSCAPES AND FUTURE IMPLICATIONS. Read More »
Rajdip Das Techno India University Abstract Arbitration is a method used for resolving conflicts without involving the court system. This study focuses on analyzing and comparing arbitration laws in India, the UK, the US and the UNCITRAL Model Law. The research will delve into the development of arbitration laws in India particularly looking at the …
COMPARATIVE STUDY OF THE ARBITRATION LAWS IN INDIA WITH INTERNATIONAL ARBITRATION LAWS Read More »
Rajdip Das Techno India University CITATION: 2023 SCC ONLINE DEL 38 FACTS OF THE CASE: The case is between KEI Industries Limited, a company that manufactures and sells wires and cables, and Raman Kwatra and his sole proprietorship firm, which manufactures and sells electrical fans and other appliances. The dispute is centred around the usage …
MR. RAMAN KWATRA & ANR. v. KEI INDUSTRIES LIMITED Read More »
FACTS On 23rd June, 2006, Moharman Lal reported his grandson Shubham to be missing. Shubham, who is around 10 years old, had not returned from his tuition at Variety Public School. His teacher mentioned that Shubham planned to learn skating. Despite searches, Shubham remained missing. On 7th July, 2006, police received a tip about a …
THE STATE OF MADHYA PRADESH VS SHANKAR SINGH GURJAR, AIR 2021 Read More »
ABSTRACT: The widespread use of visual media in the digital world has created new challenges for personal privacy rights. This paper looks at the different ways visual media can invade privacy, and the need for regulations to protect individual rights. By reviewing relevant research, case studies, and legal examples, the paper explains the complexities around …
INVASION OF PRIVACY RIGHTS BY VISUAL MEDIA: NEED FOR A REGULATION Read More »
Facts of the case:- In the annals of Indian history, the district of Ayodhya in Uttar Pradesh stands as a testament to both ancient legend and modern controversy. At the heart of this saga lies a 2.77-acre plot of land, known by its plot number 583, which became the epicenter of India’s most protracted and …
Abstract:- The concept of State, Statehood and State succession are intertwined and holds a crucial significance in the realm of international law. Before the 20th century, the concept of recognized sovereign states was not as clearly defined as it is today, and the number of entities considered as “recognized sovereign states” varied significantly over time …
Title of the Research paper:- Critical Analysis of the State and State Succession. Read More »
By: POONAM ABSTRACT The prevalence of organized cheating in recruitment examinations poses a significant threat to the integrity of the system and undermines the efforts of deserving candidates. The recently passed Anti-Cheating Bill by Parliament signifies a crucial initial stride towards addressing this menace. However, challenges persist, especially in enforcement. The Public Examinations (Prevention of …
Abstract The legal challenges of white collar crime are discussed in this study. Over time, white collar crime has grown dramatically. Out of rage, revenge, and other emotions, ordinary crimes are well planned and executed with the help of experts. Motivated by greed, white collar crime is very well planned and executed with the help …
The Legal Challenges of White-Collar Crimes and Corporate Fraud Read More »
Abstract The rapid advancement of Artificial Intelligence (AI) presents a multitude of legal challenges1. While AI offers immense potential to revolutionize various sectors, concerns are escalating regarding its potential involvement in criminal activity. This paper explores the concept of criminalizing AI, examining the limitations of the current legal landscape and the complexities of assigning culpability2. …
The Criminalization of Artificial Intelligence: Navigating a Murky Legal Landscape Read More »
Abstract This research paper provides a comprehensive analysis of recent criminal legislation in India, specifically the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam3 (BSA), in comparison with the longstanding Indian Penal Code,1860 (IPC), Criminal Procedure Code, 1973 (CrPC), and Indian Evidence Act, 1872 (IEA). Through a detailed examination of …
Decoding New Criminal Laws: A Comparative Analysis with Traditional Legal Frameworks Read More »
Abstract Indian Democracy is considered to be the world’s biggest successful democratic experiment. It is based on the model of British Method of Parliamentary Democracy which is the source of inspiration for our constitution makers. The methods of elections in India is complex and costly procedure as the elections of various national level, state assembly …
The Tussle between Indian Democracy and Electoral Bonds Read More »
DATE OF THE CASE: 7th November 2022 APPELLANT: Parties involved in this case were Janhit Abhiyan Akhil Bhartiya Kushwaha Mahasabha, the People Party of India, The Scheduled Caste (SC) / Scheduled Tribe (ST) Agricultural Research and Education Employees Welfare Association and Youth for Equality. RESPONDENT: The respondent side parties involved in this case were the …
The Devilal v. State of MP case is significant because it centers on an Untouchability incident. Untouchability is a wicked practice that has been practiced in both rural and some urban areas since ancient times. The founders of the constitution opposed these practices and even created numerous laws for the protection of the populace. However, …
Case Details Court: Honourable Supreme Court of India Constitution Bench: Ashok Bhushan, R Subhash Reddy, M.R. Shah JJ. Criminal Appeal: 615 of 2020 Provisions Dealt with: Section 125 Cr.P.C Appellant: Abhilasha Respondent: Prakash and Others Date: 15th September 2020 Facts of the case On October 17, 2002, the mother of the accused filed an application …
ABSTRACT India’s internet penetration has skyrocketed, bringing millions online but also fostering a surge in cybercrime. This article explores the prevalent threats, from phishing scams to data breaches, highlighting the challenges faced by law enforcement. We analyze the legal framework in place and ongoing efforts to bridge the gap between growing digital access and robust …
CYBER CRIME IN INDIA : WITH INDIA’S GROWING INTERNET PENETRATION Read More »
Facts The Indian Union Muslim League (IUML) swiftly challenged the Citizenship (Amendment) Bill’s validity in a petition filed under Article 32 of the Constitution following its passage in Parliament earlier in December 2019. Official notice was sent to the CAA on January 10, 2020. Soon after, a number of additional plaintiffs followed, and as of …
The Indian Union of Muslim League vs Union of India Read More »
ABSTRACT A legal procedure called adoption creates a parent-child bond between unrelated people. It’s a means for children who are unable to grown surrounded by their biological parents in a secure, loving home. The Guidelines Governing Adoption of Children, 2015 and the Juvenile Justice (Care and Protection of Children) Act, 2015, serve as the primary …
Abstract In this paper we will discuss the meaning and history of PIL, impact of PIL in India and what is the process to file a PIL, apart from this we are also discuss why PIL (PUBLIC INTEREST LITIGATION) is necessary in modern era means why there is need to using this tools and who …
ANALYSIS OF PUBLIC INTEREST LITIGATION IN INDIAN JUDICIARY Read More »
APPELLANT – Jacob Puliyel RESPONDENT – Union of India & Ors. BENCH – L Nageswara and Mr. B.R. Gavai Citation no. – WP(C) 607 OF 2021 Judgment Date – 2nd May 2022 Facts of the case Mr Jacob Puliyel, a former member of the National Advisory Technical Group. He filed the public interest litigation before …
Abstract The prohibition on firecrackers has arisen as a critical tool to address growing environmental concerns while upholding constitutional norms, reflecting the worldwide drive for sustainable practices. The constitutional provisions that protect citizens’ right to a healthy environment are in line with the ban on firecrackers. Globally, courts have acknowledged the basic right to an …
Firecrackers ban: the interplay between Constitutional and Environmental Laws Read More »
ABSTRACT Many people say that the Internet is a great tool , a fun place to be, and a liberated experience , but for whom? Many of us could end ourselves victims of the increasing number of online crooks who are adept at navigating the system. The Web, also referred to as a cyberspace, is …
ABSTRACT Currently, white-collar crime is on the rise in India, which has a huge impact on the country’s economic well-being. Bank frauds, tax evasion and economic threats are some of the reasons why white-collar crime has hindered India’s economic growth. Therefore, the government of India needs to take important steps to reduce the rising white-collar …
Citation (2014)7 SCC 547 Date of Judgment 7th May 2014 Court Supreme Court of India Case Type Civil Appeal No.5387 of 2014 Appellant Animal welfare board of India Respondent A.Nagaraja & Ors. Bench K.S Radhakrishnan, Pinaki Chandra Ghosh Referred Article 21,51(g), 136, Section 3 and 11(a)&(m) of PCA act Facts This case is concerned with …
INTRODUCTION The British included the crime of sedition into the Indian Penal Code in 1870 in an attempt to crush political dissent. Before India gained its independence, the law was used to silence critics and dissidents in the country, and a number of freedom fighters, including Bal Gangadhar Tilak and in accordance with this clause, …
CITATION 2023 SC 544 DATE OF JUDGMENT 1st May 2023 COURT Supreme Court of India APPELLANT Shilpa Shailesh RESPONDENT Varun Sreenivasan BENCH J. Sanjay Kishan Kaul, J. Sanjiv Khanna, J. Abhay S. Oka, J. Vikram Nath and J. J.K. Maheshwari. INTRODUCTION The Supreme Court has reiterated the importance of marriage as a sacred societal institution, …
Facts In the year 1999, the convicted around 9:15pm reached the doorstep of the deceased who is a sex worker and live in a red light area and she denied performing, and convicted brutally beaten the deceased in a fit of anger and beat her to death banging her head several times on the floor …
Court – Supreme Court of India Petitioner – Anoop Baranwal Respondent – Union of India Bench – Honorable Justice K.M Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and C.T. Ravikumar Date of Judgement – March 02, 2023 Citation – W.P.(C) 114/2015 Facts A Writ petition (WP (C) 104/2015) was filed by Anoop Baranwal, in January …
ABSTRACT Electric vehicles has been growing rapidly over the past ten years. A notable increase of about 63% of electric vehicle from the previous year. This Study analyses the comparison of electric vehicles and fuel based vehicles in protecting the environment. This study briefly explains the need for electric vehicles among people and to know …
Abstract The criminal justice system in India faces numerous challenges, including judicial backlog, understaffed institutions, and widespread corruption. This article explores the procedural aspects of bail and pretrial detentions within Indian jurisprudence, highlighting the discrepancies between law and practice. Despite liberal laws favouring bail, a significant proportion of individuals remain in pretrial detention, exacerbating issues …
Analysis of Pretrial Detention and Bail in India Read More »
Abstract Euthanasia, also known as assisted dying or mercy killing, is a highly contentious topic in the realm of medical ethics. The ethical dilemma surrounding euthanasia raises questions about the right to die, individual autonomy, quality of life, and the role of healthcare professionals in end- of-life decisions. The notion of legalizing euthanasia as a …
The Ethical Dilemma of Euthanasia: A Road to Legal Justice Read More »
ABSTRACT Using only a series of images and videos of a person and publicly available software, it is now possible to insert the person’s likeness into a photo or a video and show them saying or doing almost anything that never actually happened. Deep learning has solved various problems effectively, from high data analytics to …
Abstract Clause 109A (1) of companies Act 1956 states that ‘every holder of shares in, or holder of debentures of, a company may, at any time, nominate, in the prescribed manner, a person to whom his shares in, or debentures of, the company shall vest in the event of death. A reading of Section 109A of the Companies Act makes it …
A COMPREHENSIVE STUDY ON SEC. 109 (A) NON- OBSTANTE CLAUSE Read More »
ABSTRACT Sting operations, a covert investigative technique used to uncover wrongdoing, have become increasingly prevalent in the Indian legal landscape. However, their intersection with fundamental rights, particularly Article 21 of the Indian Constitution guaranteeing the right to life and personal liberty, raises significant legal and ethical considerations. This abstract explores the implications of sting operations …