SBP and Co. V. Patel Engineering Ltd. And Ors.
Case Comment SUBJECT INDEX SR.NO SUBJECT PAGE NO. 1 EFFECT OF JUDGEMENT 4 2 FACTS 5 3 ISSUES RAISED, CONTENTION, RATIONALE 6 4 …
Publications
ARTICLE 21: RIGHT TO LIFE AND PERSONAL LIBERTY
ABSTRACT Article 21. Protection of Life And Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law. Among the six fundamental rights, the Right to life is the main part of a fundamental right in the indian constitution. THE SUPREME COURT OF INDIA has described …
2013 Mumbai Gang Rape: Shakti Mills gang rape
Name of the Case: 2013 Shakti Mills Gang Rape Citation: Unit-VII in C.R.No.18 of 2014 Bench: Shalini Phansalkar-Joshi Date of Occurrence: 22nd August 2013 Introduction The 2013 Mumbai Gang Rape case is a very known case that has spread all over the internet. It is also named after the Shakti Mills Gang rape case because …
ARTICLE 32 OF THE CONSTITUTION OF INDIA: RIGHT TO CONSTITUTIONAL REMEDIES
SHYAMASREE KAYAL SOUTH CALCUTTA LAW COLLEGE “If I was asked to name any particular article in this Constitution as the most important — an article without which this Constitution would be a nullity — I could not refer to any other article except this one (Article 32). It is the very soul of the Constitution …
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The Central Inland Water Transport Corporation Limited Vs. Brojo Nath Ganguly
( Civil appeal no. 4412 and 4413 of 1985) 1986 AIR 1571 , 1986 SCR(2) 278 Court Supreme Court of India Name of the case Central Inland Water Transport Corporation Ltd V. Brojo Nath Ganguly Civil appeal no. 4412 and 4413 of 1985 Appellant Central Inland Water Transport Corporation Ltd and Ors …
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Ramnarayan V. State of M.P
(Cr. A. No. 171/2010) Coram: G.S. Ahluwalia and Rajeev Kumar Shrivastava J.J. Facts of the Case The Appellant/Accused named Ramnarayan was arrested for allegedly killing the deceased named Jaswant. According to the prosecution’s story, the complainant Banwari, along with his injured father Jaswant, lodged a F.I.R. in Police outpost, alleging that at about 8 P.M., …
MEDICAL NEGLIGENCE: REMEDIES AVAILABLE TO THE PATEINTS UNDER VARIOUS LAWS
ABSTRACT A patient goes to a medical practitioner in order to seek treatment for any problem that they have been facing. However, the human body has a complex mechanism and sometimes the treatment for every problem is not available. After all, a doctor too is a human, and it is not possible that they never …
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“LAW OF BLACK MARKET”
Alie Vashishtha Abstract The emergence of the pandemic has revolutionized the world upside down and especially, in a developing country like India. The country is known for its diversity, values, ethics, and most eminently for its democracy and freedom. These have led to citizens who have played with the legal structure and system of the …
IMPORTANCE OF CAPACITY TO CONTRACT
Abstract: A Contract is a legally binding agreement. When discussing contract law, one of the most frequently used terms is ‘capacity.’ In today’s globalised world, it is critical for a party to have the ability to contract in order to engage in commercial transactions. This article will discuss how one person is or is not …
HUMAN PRIVACY AND TECHNOLOGY
ABSTRACT This paper chiefly categorized in the arena of privacy and technology and this paper, it deals with the term of privacy and data collection and constitutionality of privacy term, as the right to privacy as a fundamental right under the constitution of India and touch the different areas related to privacy issue like- cyber-crime, …
AN ETHNOGRAPHIC ANATOMIZATION ON ROLE OF COMPANY AFTER MERGERS WITH GIANTS AND CASE STUDY
ABSTRACT: The Indian Companies Act 2013 has brought in significant changes in the merger and acquisitions (M&A) regime. With the introduction of new provisions allowing cross border mergers and global integration — both inbound and outbound, enhancing disclosure norms and fast track mergers, increasing protection to minority and investors, incorporating business friendly corporate laws, etc., …
organised crimes
CHAPTER I – INTRODUCTION There is no such thing as a society without crime. Anti-social elements have planned their actions around the time and opportunities provided by society. The primary motivation for street criminal activity is thought to be the fulfilment of material demands. However, there are certain criminal gangs that target societal needs and …
Financial Fraud: An Econimic Disaster
Introduction Financial fraud has never been an uncommon phenomenon in a country’s economy. However, in the past 34 years, India has seen a large number of unwanted frauds. However, with the recent outbreak of India’s largest bank fraud case (PNB Bank) which exceeds the amount of more than 11.400 crores has finally showed signs of …
Sri Lankan and Indian Legal Framework of Cyber-Crime
Abstract “I am afraid that one-day technology will surpass our human interactions, and then the world will be left with only a generation of idiots.”-Albert Einstein- Humans have addicted to use internet unlimitedly with the new technology. High speed internet, technology and smart devices are the positive aspects of the world today. But its negative …
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IS SAME SEX MARRIAGE – RIGHT OR WRONG? MORALLY AND AS PER THE VARIOUS PROVISIONS OF HINDU MARRIAGES ACT AND OTHER MARRIAGES ACTS OF VARIOUS RELIGIONS.
ABSTRACT Whenever a wrong is committed in a society, we tend to refer to the laws of that particular society to see whether the wrong is punishable or not under the law. But does every wrong come into the ambit of ‘Punishable’? Is restraining someone from marrying according to his needs and desires right? If …
OPEN PRISON SYSTEM IN INDIA AND ITS SIGNIFICANCE
ABSTRACT Mahatma Gandhi in his lifetime has always supported humanitarian over punitive treatment of inmates. Every person’s right to life and personal liberty is guaranteed by Indian Constitution as a fundamental right. The concept of prison was limited to the confines of a room where the convicted person was held in order to get him …
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SHAYARA BANO V. UNION OF INDIA AND OTHERS, (2017) 9 SCC 1
INTRODUCTION Shayara Bano v. Union of India and Others is a landmark case dealing with the constitutional validity of “Triple Talaq” of “Talaq-e-Biddat” under Muslim Personal Law in India. “As the name suggests in this form of divorce, a Muslim man can instantly divorce his wife after repeating the word ‘talaq’ in one sitting, without …
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RIGHT TO CHOOSE MOTHERHOOD: AN OVERVIEW OF INDIAN WOMEN
ABSTRACT: “No woman can call herself free until she can choose consciously whether she will or will not be a mother.” – Margaret Sanger, Founder of Planned Parenthood Each year millions of women have unwanted pregnancies. These pregnancies have an immense impact on a woman depending on factors such as her health, relationships, financial capacity …
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cUSTODIAL VIOLENCE: AN INFRINGEMENT OF HUMAN RIGHTS
ABSTRACT: “Torture is despair and fear and rage and hate. It is a desire to kill and destroy including you.” Custodial violence generally indicates any kind of violence within the premises of the police and judicial custody. It includes the torture, sexual harassment, and even death of the sufferer or the victim. It is a …
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LEGISLATIVE INTERFERENCE IN THE RIGHT TO MARRIAGE AND RELIGION
ABSTRACT: “The freedom to convert is fundamental to freedom to religion.” – Bob Inglis The Article 16 of the United Nations Declaration on Human Rights[1], “Every man and woman is free to marry whomever they wish, regardless of race, religion, language, nationality, economic status, etc., as long as there is full and free consent and …
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THE SECRETARY, MINISTRY OF DEFENCE V. BABITA PUNIYA AND ORS
FACTS ‘Gender discrimination’ is a major issue in India due to which Indian women are treated inferior to the men. The present case has a strong connection with the problem of ‘Gender discrimination’ faced by women in India. The initiation of the present case dates back to 2003 when Babita Puniya, the respondent in the …
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NAVTEJ SINGH JOHAR V. UNION OF INDIA (2018) 10 SCC 1
Abstract Navtej Singh Johar is one of the most recent and landmark judgments of the Supreme Court of India in which the Hon’ble Supreme Court had used the concept of transformative constitutionalism in its rationale. The Hon’ble Court has elucidated and has applied notions such as transformative constitutionalism, constitutional morality, and the Right to Privacy …
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THE PANDEMIC DISEASES (AMENDMENT) BILL, 2020
INTRODUCTION The Epidemic Diseases Act of 1897 was enacted to improve the prevention of severe epidemic diseases. When there is a threat or outbreak of a hazardous epidemic disease, the Act allows both the federal and state governments to take action and issue restrictions. During the COVID-19 pandemic, it was critical to have a law …
THE AIRPORTS ECONOMIC REGULATORY AUTHORITY OF INDIA (AMENDMENT) BILL 2021
The aviation sector of India is one of the fastest growing in the world. Domestic traffic in India has more than doubled, from around 61 million in FY14 to around 137 million in FY20, a year-on-year increase of more than 14%. By the year FY25, it is predicted to have grown from the third largest …
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THE CONSTITUTION (SCHEDULED CASTES) ORDER (AMENDMENT) BILL, 2021
INTRODUCTION Mr. Arjun Munda, the Minister for Tribal Affairs, introduced the Constitution (Scheduled Tribes) Order (Amendment) Bill, 2021, in the Rajya Sabha on August 2, 2021. The Constitution (Scheduled Tribes) Order, 1950 is amended by the Bill. The President has the authority under the Constitution to designate Scheduled Tribes (STs) in various states and union …
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incorporation Of companies
ABSTRACT Incorporation is a legal process in order to form a company or a corporate entity. In other words, incorporation means the registration of the Company in Registrar of Company (Known as ROC). The corporation is a legal entity that separates the income and firm’s assets from its investors and owners. The Companies Act, 1956, …
RIGHT TO PRIVATE DEFENSE
ABSTRACT The Right of Private defence can be traced to natural law. It is a natural human instinct to protect oneself from any danger or harm being unlawfully caused to him. Law does not stand in the way of the natural right of self-defence of human beings. This right has been recognized in all free, …
RIGHT TO RECALL: ROLE IN THE INDIAN POLITICS
ABSTRACT Winston Churchill defined the very essence оf demосrаtiс eleсtiоns as: “А little mаn, wаlking into а little bооth, with а little рenсil, making а little сrоss in а little bit of рарer”. The sum tоtаl of all these little сrоsses decides the fate оf the nation for the next five years. Promptly after the …
5th amendment
ABSTRACT The Fifth Amendment of the Constitution of India, known as The Constitution 5th Amendment Act, 1955.The 5th Amendment re-enacted the proviso to Article 3 of the Constitution. this act empowered the President to prescribe a time limit for a State Legislature to deliver its views and opinion on the proposed Central laws relating to the formation of new …
SELF-CONTROL THEORY AND SOCIAL-CONTROL THEORY
ABSTRACT Although the general theory of crime of Gottfredson and Hirschi (1990) has received more attention over the past decade than the theory of social control of Hirschi (1969), it is imperative that the latter theory not be ignored. Social control theory asserts that delinquency occurs when the link between individuals and society is weakened …
comparative Analysis on Elder Abuse Laws in India & Other Countries
Abstract Abuse of any kind and to anyone in the world is a threat to the human being and it becomes a shame on society when abuse is being done to elder people. The stage of being elder is the phase that is being respected in every part of the world. But as the world …
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HUMAN RIGHTS LAW: A CONTEMPORARY ANALYSIS INTRODUCTION
‘HUMAN RIGHTS’ are the most basic rights available to an individual in the world. These are the freedoms that are defined and protected by various legislations, are applicable everywhere and cannot be taken away from anyone, although it can be restricted by law sometimes. They play an indispensable role in protecting the rights of an …
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DRUG LAWS: IN INDIAN LEGAL SCENARIO
An Analysis Of The Narcotic Drugs And Psychotropic Substances, Act (NDPS), 1985 INTRODUCTION Let us look at two quotes. “Drugs are the enemies of ambition and hope- and when we fight against drugs we are fighting for the future”. -Bob Riley “The estimated prevalence of opium use in India is considerably higher than the global …
1st IMS INTERNATIONAL ONLINE DEBATE COMPETITION (Cash Prizes worth INR 25k/USD 330+), BY IMS LAW COLLEGE, NOIDA (20th Aug – 4th Sep 2021)
About the Organizers IMS Noida, established in 1998, is a premier institute known for its academic excellence and value-based education. It serves to both fresh graduates seeking world-class education and also to those who are already employed and want to enhance their managerial skills. IMS also has collaborations with several Universities overseas and seeks to …
Death Penalty: A Global Perspective
ABSTRACT Death Penalty- Also known as “Capital Punishment”. Death Penalty is one of the highest rated level of punishment in today’s society for maintaining the law and order in the society8. Death Penalty means giving a Death sentence to a person who has had committed a crime or a heinous offence. Precisely, it can be …
Education, Employment and Empowerment of the Rescued Women of Trafficking
ABSTRACT Whoever, with the end goal of misuse, initiates, transports, harbours, moves, or gets, an individual or people, by utilizing dangers, or utilizing power, or some other type of intimidation, or by snatching, or by rehearsing extortion, or trickery, or by maltreatment of force, or by actuation, including the giving or getting of instalments or …
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THE FOREST CONSERVATION ACT, 1980
A nation that destroys its soils destroys itself. Forests are the lungs of our land, that purifying the air and giving fresh strength to our people. Forests play an important role in our life. They facilitate us various resources like raw material, oxygen and many more. But humans are cutting the forests at a large …
Social Control Theory
Abstract: Travis Hirschi brought the Social Bond Theory, all the more hence known as the Social Control Theory, to criminal science in 1969. (Pratt, Gau and Franklin, 2011). Hirschi dismissed more seasoned speculations like the Strain Theory and the Differential Association Theory, the two of which held that criminal conduct might be learned or created …
Forensic Psychology And Law in India
Abstract In a developing country such as India, forensic psychology has a lengthy history. It has been acknowledged for three decades as an applied discipline of psychology for crime detection, intervention, and rehabilitation of crime victims. Over the last three decades, technological improvements have transformed the criminal’s perspective, necessitating sophistication and innovation in technology creation for crime …
Insanity Defence: A loophole for Criminals
Abstract Often tasks assigned to you during your internship can trigger you to scrutinize and to know more about something. To elaborate and analyze the idea of this article we shall look into the development of the principles and rules of insanity or unsoundness of mind in English law and its influence on laws in …
HARASSMENT AND BULLYING ON SOCIAL MEDIA AND ROLE OF CYBERCRIME DEPARTMENT IN INDIA
ABSTRACT “There are cyber threats out there, this is a dangerous world, and we have to be safe, we have to be secure no matter the cost.”Cyberbullying and Online harassment is becoming a common crime in India. It has risen significantly in India over the last decade. It directly affects the mental health of the …
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Reading Non-verbal cues- Essential Skill of Courtroom Proceedings
Abstract This research explores the implications of incorrect assumptions and inaccurate assumptions about nonverbal behaviour in courtrooms. We explore how to differentiate factual assumptions from scientific knowledge regarding nonverbal communication, include a summary of core principles in nonverbal communication research (i.e., expressions, facial movements, and eye gaze), describe the impact of culture when understanding nonverbal …
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INDIA’S HEALTH CARE SYSTEM: FINAL NAIL IN THE COFFIN
THE HEALTH CARE CRISIS AND ITS EFFECT ON RIGHT TO LIFE ABSTRACT “Healthcare Infra AT The Stage Of Imminent Collapse”: Delhi High Court Directs Govt. To State Beds, Oxygen Availability On AffidavitIndia along side many countries faced corona but the immense negligence of the authorities towards right to life remained apologetic. This is the state …
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“A FAST CURE FOR EVERY PANDEMIC”: IS DEPENDING ON THE CRIMINAL JUSTICE SYSTEM THE BEST FIX
ABSTRACT “Criminal justice is the administration of punishment to people who have committed a crime.” The criminal justice system is a series of federal agencies and organizations. The aims of the criminal justice system include judicial punishment, the reduction of potential offences and the delivery of psychological assistance to offenders. Police, judges, and defense attorneys, …
RIGHT TO PRIVACY: IS IT A MYTH?
Abstract Right to Privacy is considered as a fundamental human right the world over. Privacy is a person’s will to keep to himself information that he doesn’t want to share, including that related to body, property, location etc. It is a person’s willingness to be free from unwarranted interference. While it is imperative to have …
Judicial Decisions and Precedents as A Modern Approach of Law: An Analysis
Abstract We derive what we refer to as law from a variety of sources whether it be legislations, customs or precedents. Because of increased globalization, international treaties and agreements are now also being used to make legislation. Despite these new innovations in lawmaking, one cannot forget the significance of judicial decisions in this process. As …
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THE PRACTISE OF RHETORIC IN THE COURTROOMS
Abstract Rhetoric is a figure of speech used for the primary purpose of persuasion. It may be used by politicians in a public speech about their agenda, by two individuals talking about the upcoming election, as well as by a journalist in a newspaper report. In this paper, I shall examine rhetoric as a way …
Intellectual Property Right Waiver on Covid Interventions: – A Substantive Step to Facilitate Global Vaccine Equity
Abstract On 31st January 2020 the World Health Organization declared the outbreak of a new coronavirus disease, COVID-19, to be a Public Health Emergency of International Concern and In March 2020, WHO made the assessment that COVID-19, can be characterized as a pandemic. Various international organizations and governments are taking required actions to prevent the …
The Collegium System, a Treachery?
Abstract The appointment of Justice Sanjeev Khanna to the Supreme Court on January 10, 2019 revived the long-drawn controversy around the collegium system used for appointing senior judges. As reported, the elevation of Justice Khanna had surpassed 32 judges who were more senior to him. It is an age-old convention to give priority to senior …
ADR as an effective tool to Judicial delay
Abstract The Indian Judicial system is plagued by delays. The cases in India go on for years together which lead to delayed Justice. This paper will try to find solutions to the problem of Judicial Delay the easiest being the use of ADR. This paper will elucidate the importance and use of different types of …
Has the Limited Liability Partnership model provided an effective alternative model to Partnership?
ABSTRACT The authors have attempted to discuss a perpetually existing issue of company law. This title of the research paper encapsulates its essence. The commencement of the Limited Liability Partnership Act in 2008 led to a new phase in the Indian corporate sector. As the Limited Liability Partnership (hereinafter ‘LLP’) model gained popularity, many compared …
M.KARUNANIDHI V. UNION OF INDIA
(AIR 898 SC 1979)DOCTRINE OF REPUGNANCY CASE ABSTRACT The present writ petition has been filed to seek necessary guidelines and notification from court and judiciary system on doctrine of repugnancy; which deals when there is any conflict between the laws of Centre and State. According to black law dictionary repugnancy is thre condition when there …
HISTORY OF FORCED CONVERSION
INTRODUCTION: Forced conversion is an attempt to change a person’s religion forcefully or through coercion. Our country India needs to make some strict laws to stop these types of malpractices. It’s much important to improve the religious safety of the people as they are the foremost pillars of the nation. As it is happening all …
ADVERTISING – A TOOL FOR MARKETING, OR MISLEADING
“Advertising is the art of convincing people to spend money they don’t have for something they don’t need” – Will Rogers ABSTRACT: Advertising in this present Era of the digitalized world has played a very crucial role in growing the outreach of a product to a larger target audience for many organizations. Advertisements and consumer …
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CONTEMPT OF COURT ACT, 1971
w.e.f. from 24th December, 1971 Introduction: The presiding Judge or judicial officer in a Courtroom is called “His/Her Lordship” or “Your Honour”. If any of us have wondered why advocates address them so, they do not mean to please the judge so as to obtain a ruling in their favour. The judge and the advocate …
BAXI AMRIK SINGH V. UNION OF INDIA, (1972) 75 PLR. 1
DECIDED ON: OCTOBER 10, 1972.BENCH: Justice Gurdev Singh, Justice D.K Mahajan, Justice P.C Pandit, Justice H.R Soni, Justice Bal Raj Tuli. INTRODUCTION: In law of torts, the concept of vicarious liability is quintessential in the ascertainment of tortious liability. Here, liability is imposed because of a special relationship. The term ‘Vicarious Liability’ has been derived …
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MORALITY IN THE LAW OF TORT
INTRODUCTION Before we delve into the concept of morality in the law of tort, let us understand- What a tort is What morality is Law of Tort As per the definition of Winfield – “Tortious Liability arises from the breach of duty which is primarily fixed by the law: this duty is towards persons generally …
CHILD CUSTODY LAWS IN INDIA
INTRODUCTION The literal meaning of the term custody is, protective care or guardianship of someone. The broad question here dealt with is when a married couple having a child decides to dissolve the marriage due to whatever reason, through divorce proceedings or judicial separation, with whom the child will reside. While giving custodial rights the …
The Place of Worship Act 1991
Brief History: India is a land of diversity. Its plurality is marked by vivid cultures, traditions and customs that are hallmarks of various religions. Since time immemorial, India has harbored different religions and their subsequent diversities, thus emerging as a beacon of tolerance, democracy and secularism. However, the religious boil took its toll during the …
CRITICAL ANALYSIS ON JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015
What is the Act about? The Juvenile Justice Act is a branch of criminal law that applies to people who are too young to be held accountable for their actions. Since children are seen as the most valuable asset, there is a pressing need to address juvenile justice. The Juvenile Justice (Care and Protection of …
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WILL CRYPTOCURRENCY AFFECTS INDIAN MARKET?
INTRODUCTION In this globalisation modern period, people are moving forward to adopt a digitalization structure. From Departmental store to E-Mart, Library to E-Library, class to Online meeting platforms and so on, all this is possible only with the efficient and effective use of digitalization world. Covid-19 showed the importance of digitalization as one way to …
THE PROTECTION OF CHILD FROM SEXUAL OFFENCES ACT, 2021
ABSTRACT To effectively address heinous crimes such as sexual abuse and sexual child exploitation through less obscure and more stringent legal provisions. The Protection of Child from Sexual Offence (POCSO) Act, 2012 introduced by The Ministry of women and child development. Chapter 1 talks about preliminary, it also includes various definitions, chapter 2 talks about …
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Security Laws in India
INTRODUCTION At the end of day, the goals are simple: safety and security, well said………Jodi Rell. A secured country develops faster and ensures the safety of the people of the nation. This article basically deals with the Security laws which are enforced by the Parliament of India. The Armed Forces Special Powers Act, 1958 was …
MEDICAL TERMINATION OF PREGNANCY (AMENDMENT) ACT, 2021: A COMPARITIVE STUDY
INTRODUCTION By the Medical Termination of Pregnancy Act (MTP), 1971, a woman is entitled to determine whether her pregnancy is to proceed or to cease. It is a liberal regulation that allows licensed physicians to stop pregnancy for social and sociomedical purposes and the mother’s potential hazards. Women were spared “inflicted conception” and “forced maternity.” …
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