Publications

ONLINE DISPUTE RESOLUTION(ODR): AN EMERGING PLATFORM

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)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 its current prominence, ODR has witnessed …

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Neil Aurelio Nunes and Ors. versus Union of India and Ors.

The Indian government’s Other Backward Classes (OBC) reservation policy aims at giving historically underprivileged populations, a fair access to job and educational opportunities. OBC reservations, which date back to the Mandal Commission Report of the 1980s, provide representation for groups that are underprivileged in both social and scholastic spheres. This reservation, which was first implemented …

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Differential Impacts and the Right to Life: Climate Litigation for Vulnerable Communities

A basic human right, the right to life is disproportionately threatened for disadvantaged groups by climate change. The disparity between these communities’ lived circumstances and their right to life, with a focus on how their vulnerability is increased by scarce resources, ineffective government, and a disdain for cultural knowledge. After that, it looks at using …

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POTENTIAL OF ARTIFICIAL INTELLIGENCE IN FORENSIC SCIENCE

Hours of struggle, stressed and tired mind, and fear of errors, all replaced by the Artificial Intelligence. Within a snap of time, with every minute and precise detail, the Artificial Intelligence smoothly generates the outcome. Artificial Intelligence, these days are trusted and often used to treat complex problems and not only the complex ones but …

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PROSTITUTION IN INDIA THROUGH A SOCIO-LEGAL PRISM

ABSTRACT Prostitution in India, being a multifaceted socio-legal issue, impacts numerous facets of society, including morality and law. This research paper attempts to provides a detailed assessment of prostitution through a socio-legal lens, highlighting the obstacles that sex workers face and evaluating changing opinions on the industry. The study investigates into the underlying reasons of …

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“Federalism and Fiscal Discipline: Examining Borrowing Limits Imposed by the Centre”

Kaustubh Balaji, third year B. Com. LL. B, School of Law SASTRA Deemed to be University, Thanjavur, Tamil Nadu, India. Abstract: The present research explores the constitutional elements of fiscal federalism with a particular emphasis on the implications of the Centre’s imposition of borrowing limitations on state governments’ financial management. This paper examines the convoluted …

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Introduction of Community Service as a Punishment in India: Bhartiya Nyaya Sanhita Reforms

ABSTRACT Community service punishment is a legal sanction in which individuals convicted of certain offences must perform unpaid community service as restitution or rehabilitation. Instead of serving time in jail, offenders are assigned tasks such as cleaning public areas, assisting charitable organisations, or participating in other community-oriented activities. This form of punishment seeks to instil responsibility, …

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BALANCING JUSTICE AND HARMONY: THE JUDICIAL STANCE ON MEDIATION IN MATRIMONIAL DISPUTES 

ABSTRACT-  Marriage and family are crucial support points in the texture of any society. Marriage, being the foundation of cultural construction, has generally given soundness and intelligibility to networks. In the interim, the family comprises society’s littlest yet most essential unit. Sadly, the honesty of families is progressively under strain because of increasing paces of …

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ASSESSING THE CONSTITUTIONALITY OF COMPULSORY HIV SCREENING IN PRISON POPULATION

ABSTRACT Health is a fundamental human right, regardless of what state the citizen is , whether the citizen is incarcerated or not. The importance of the right to health has been time and again emphasised by various international organisations and also been recognised through various judicial pronouncements by our Hon’ble Court.The health of prisoners is …

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UNIBROS V ALL INDIA RADIO

Due to the 42-month delay, arbitration was required in the case involving All India Radio (AIR) and M/s. Unibros regarding delays in the construction of Delhi Doordarshan Bhawan. Due to resource blocking and prolonged service provision beyond the limits of the contract, Unibros claimed loss of earnings. The arbitrator first used Hudson’s calculation to determine …

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Legal Recognition and Protection of Cohabiting Couples: Evaluating the Case for Mandatory Registration of Live-in Relationships in India

Abstract This research paper delves into the discourse surrounding the proposal of mandatory registration for live-in relationships in India. Live-in relationships, once considered taboo, are increasingly prevalent in Indian society, prompting discussions on legal frameworks and social norms. This paper examines the rationale behind mandatory registration, its potential impact on individuals and society, and the …

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“Corporate Altruism or Strategic Necessity? A qualitative study of  CSR integration in organisational DNA”

Abstract Modern times have resulted in shifts being observed in various spheres of society, one of them being in the way companies function. Now, companies cannot solely prioritise profit maximisation as accountability and conduction of activities in a manner that is socially responsible are the needs of the hour given the current various crises the …

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FROM TWEETS TO VERDICTS: ANALYZING SOCIAL MEDIA’S ROLE IN LEGAL DECISION MAKING

ABSTRACT:  This paper delves into the profound impact of social media on legal decision-making, highlighting its role in shaping public opinion, influencing legal proceedings, and raising awareness. It discusses how platforms like Twitter, Facebook, and Instagram have become integral to daily life, facilitating real-time communication and the sharing of information. The evolution of social media …

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Corporate Social Responsibility and Legal Compliance

Abstract As corporations become more aware of their responsibility to uphold the law and contribute to societal well-being, Corporate Social Responsibility and legal compliance become essential elements of modern commercial operations. This abstract investigates the relationship between legal compliance and corporate social responsibility (CSR), focusing on how businesses manage the intricate web of social and …

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CALL RECORDING v. RIGHT TO PRIVACY: AMBIGUITY IN MATRIMONIAL CASES

Abstract This research paper explores the difficult relationship between call recording and the right to privacy within the context of matrimonial cases in India. The use of call recordings as evidence in legal proceedings has become increasingly prevalent, especially in disputes related to marriages. However, this practice raises critical concerns about the potential infringement on …

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Protection of innovation in the digital space: A look at the intellectual property right in the cyberspace.

Abstract: The internet, a boundless digital frontier, has revolutionized how we create, share, and consume information. However, this very freedom presents a unique challenge: protecting intellectual property (IP) rights in the vast, intangible space of cyberspace. Navigating this intricate landscape requires understanding the evolving nature of IP. Traditional frameworks, designed for physical goods, struggle to …

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Budhadev Karmaskar vs The State of West Bengal on 19th May 2022

Citation: CRIMINAL APPEAL NO. 135 OF 2010 Quorum: Hon’ble Mr. Justice Girish Chandra Gupta & Hon’ble Mr. Justice Kishore Kumar Prasad.  Author Of the Judgment: Both Hon’ble Justices Appellant: Budhadev Karmaskar Respondent: The State of West Bengal & Ors. Counsel For Appellant: Mrs. P. Goswami Counsel For Respondent: Mr. Pradip Ghosh Acts And Sections Involved: …

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The Employees Provident Fund Organisation v. Sunil Kumar B 2022 INSC 1169, Supreme Court Of India, 2022

Facts of the case This passage discusses a court case challenging the legality of modifications made to the Employees’ Pension Scheme (EPS) in 2014. The employee pension scheme was established in 1995 which provides pensions to eligible employees. The Provident Funds and Miscellaneous Provisions Act, of 1952 initially did not have a pension scheme, but …

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Neil Aurelio Nunes and Ors. v. Union of India and Ors. (2022) 4 SCC 1 

FACTS- For the academic year 2021–2022, the Directorate General of Health Services under the Union Ministry of Health and Family Welfare announced adjustments to the reservation policies for postgraduate (PG) seats in the All India Quota (AIQ) in medical universities. These adjustments included a 10% reservation for Economically Weaker Sections (EWS) and a 27% reservation …

Neil Aurelio Nunes and Ors. v. Union of India and Ors. (2022) 4 SCC 1  Read More »

Rambabu Singh Thakur v. Sunil Arora & Ors. [2020 3 SCC 733]

Court: The Supreme Court of India Parties: Petitioner: Rambabu Singh Thakur v/s Respondent: Sunil Arora & Ors Judgment dated: 13th February 2020   Bench: FACTSThis case is associated with the ‘Criminalization of Political Activities In India’, which refers to people having criminal records being allowed to enter into politics. Criminal records of selected candidates are not …

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AI-GENERATED REALITIES: THE LEGAL IMPLICATIONS OF DEEPFAKES

Abstract This research paper delves into the pervasive and evolving challenges posed by deepfake technology, exploring its implications on individuals, society, and legal frameworks. It discusses the blurred lines between reality and manipulation, highlighting the accessibility of deepfake tools to both skilled and unskilled individuals. The paper emphasizes the multifaceted threats, from manipulating individuals for …

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Impact of UCC on Uttarakhand’s Social Fabric 

Abstract The Uniform Civil Code (UCC) has been the centre of controversy in India. People who campaign for implementing UCC focus on legal uniformity and gender justice. However, its opponents are concerned about cultural diversity and religious freedom. Uttarakhand is known for its diverse population and dazzling cultural legacy. This paper, however, aims at, first, …

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EXECUTION BY NITROGEN HYPOXIA

ABSTRACT-Euthanasia is a process aimed at ending a person’s suffering. It is essentially about ending lifewith suffering, especially for the patient. Euthanasia is made up of two Greek words: “Eu”meaning good, “Thanatos” meaning death. It basically works by inhibiting the cardiovascularand respiratory systems. Now, this article will basically highlight the recent death due tonitrogen hypoxia …

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UNSEEN LABOUR, INVALUABLE CONTRIBUTION: HOME-MAKERS COMPENSATION IN INDIA

ABSTRACT:  The oppression of women seems to be anachronistic. This is false to a considerable extent in the contemporary era as well. While a majority of the decisions in an Indian household are taken by the homemaker, her position can be described as more of a coordinator of finances, nutrition, health, societal interactions, and familial …

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BHARATIYA NYAY SANHITA: DECOLONISING OR REINFORCING COLONIAL IDEAS?

ABSTRACT This paper critically examines the Bharatiya Nyay Sanhita, a proposed contemporary legal framework in India, through the lens of decolonization and its potential impact on perpetuating colonial ideologies within the Indian legal system. Drawing on historical contexts and contemporary debates, the study investigates the foundational principles, proposed reforms, and socio-political implications of the Bharatiya …

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BEYOND PAYMENTS: EXPLORING THEPOTENTIAL RISKS ASSOCIATED WITH PAYTM’SBROADER ECOSYSTEM OF FINANCIAL SERVICES IN THIS FORMAT

ABSTRACTIndia’s digital payments giant, Paytm, has transcended its roots, building a vast financialservices empire spanning wealth, loans, insurance, and more. While this expansion unleashesexciting possibilities, shadows lurk beneath the surface. This paper unveils the potential risksassociated with Paytm’s diversified ecosystem, focusing on data privacy breaches, regulatorypitfalls, systemic instability, consumer vulnerabilities, and interconnectedness threats. Divedeep with …

BEYOND PAYMENTS: EXPLORING THEPOTENTIAL RISKS ASSOCIATED WITH PAYTM’SBROADER ECOSYSTEM OF FINANCIAL SERVICES IN THIS FORMAT Read More »

VODAFONE INTERNATIONAL HOLDINGS BV v. UNION OF INDIA AND ANR.

FACTS OF THE CASE: ISSUES RAISED:There were two major issues raised under this case: CONTENTIONS Vodafone’s side: Page 2 of 2 Income Tax Department’s, GOI” s (Government of India) side: RATIONALEWhether the contentions made by the Income Tax Department are valid? Was the essence ofthe transaction to gain control over Indian assets? Page 3 of …

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CASE COMMENT: ASSOCIATION FOR DEMOCRATIC REFORMS & ANR. V. UNION OF INDIA & ORS. (THE ELECTORAL BONDS CASE)

FACTS OF THE CASE: ISSUES RAISED: ARGUMENTS PRESENTED BY BOTH THE SIDES: Arguments of the Petitioner:  [A] The Amendment to Section 182(1) of the Companies Act infringes the principle of free and fair elections.  [B] The amendment to Section 182(1) of the Companies Act, 2013 violates Article 14 of the Constitution.  Arguments of the Respondents: …

CASE COMMENT: ASSOCIATION FOR DEMOCRATIC REFORMS & ANR. V. UNION OF INDIA & ORS. (THE ELECTORAL BONDS CASE) Read More »

THE MULTI-CRORE SKILL DEVELOPMENT SCAM OF ANDHRA PRADESH

ABSTRACT On 9th September 2023, the CID (Crime Investigation Department) alleged that the former Chief Minister of Andhra Pradesh N. Chandrababu Naidu was the main instigator and “accused no 1” in the skill development scam amounting to ₹371.00 crore, which took place in 2014. The CID alleged that the government order was issued on the …

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Decrypting Rule 4(2) IT Rules 2021- Through the Eyes of the constitution 

ABSTRACT This research paper focuses on Rule 4(2) of the IT Rules 2021, and how its imposition impacts the fundamental rights of the citizen and the intermediary. It also focuses on the government’s point of view on how imposing rule 4(2) will provide a safe and secure platform and fulfil the objective which is to …

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E-CONTRACTS: LEGAL VALIDITY OF ELECTRONIC SIGNATU

With the growth of E-commerce in India, E-Contracts are also growing exponentially, bringing forward the consequent legal implications along with such growth. E-Contracts, simply put are agreements that are digitally or electronically executed. E-Contracts have different forms like Click wrap agreements, Browse Wrap agreements and Shrink Wrap Contracts.  The same essentials of standard contracts are …

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“IMPACT OF COVID-19 ON HEALTH & LIFE INSURANCE”A CRITICAL ANALYSIS UNDER THE INDIAN CONTEXT

The COVID-19 pandemic indeed had a significant impact on various countries, including India. The healthcare sector faced immense challenges and required substantial investments to effectively manage the crisis. India, being a financial hub with global connections, experienced economic disruptions due to the pandemic. The Indian healthcare system had to respond swiftly and efficiently to combat …

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INDIBILITY CREATIVE PVT LTD V. GOVT OF WEST BENGAL

                                                     Citation: Writ Petition (Civil) 306 of 2019 The case revolves around the Fundamental Right of Freedom of Speech and Expression, Article 19 (1) of the Indian Constitution. A ban was imposed on the screening of a Bengali film, Bhobishyoter Bhoot (Future Ghosts), due to its potential to cause violence and disturbance. The ban was later …

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EMERGENCE OF SECTION 91 OF CRPC IN THE LIGHT OF SECTION 202 OF CRPC

Roshni KhatriAmity University, Noida ABSTRACT This paper critically explores the application of the Indian Evidence Act, section 10, and the CrPC, sections 91 and 202, in evidence collection from the accused, scrutinizing the admissibility of documents held by individuals implicated in criminal activities. It discusses a notable minority viewpoint by Justice Das Gupta, focusing on …

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CASE COMMENTARY

1. DETAILS OF THE CASE Case Name: M/s. RPS Infrastructure Ltd. (Appellant) vs Mukul Kumar & Anr. (Respondent) Case Number: Civil Appeal No. 5590 OF 2021 Citation : (2023) 10 S.C.C. 718 (India) Court: Supreme Court of India Jurisdiction: Civil Appellate Judges: Sanjay Kishan Kaul, J. The case centers on a dispute between M/s RPS …

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“The Animal Welfare Board of India vs. Union of India on Jallikattu andKambala 2023”

FACTS Jallikattu, Kambala, Bull Race, or Bullock Cart Race (the sports), are sports employingbovine or bulls of special breeds, for entertainment by the people in the States of Tamil Nadu,Karnataka, and Maharashtra. The bulls or bovines were “prepared” for the sport with crueland inhumane methods including ear cutting, mutilation, and twisting of the tail resulting …

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GENDER AND LEGAL DISCOURSES

This research paper delves into the intricate relationship between gender and legal discourse,with a specific focus on the development of gender-responsive policies and language. Thepaper aims to critically analyze the existing legal frameworks and language used in policyformulation and to propose strategies for creating more inclusive and gender-sensitiveapproaches. By examining the impact of language and …

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Google Inc. & Ors v. Competition Commission of India, Competition Appeal (AT) No.01 of 2023

Citation: Competition Appeal (AT) No. 1 of 2023 Decided on: 29th March 2023 Parties: Google LLC and Google India Private Limited (collectively, “Google”) filed a competition appeal [Competition Appeal (AT) No. 01 of 2023, New Delhi] to contest the ruling made by the Competition Commission of India (CCI), which determined that Google had violated the …

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“Climate Justice Tribunals and How they use ADR mechanism”

Abstract: The climate justice Tribunals are now adopting and implementing these various ADR methods, enabling it to play a vital role in assessing their efficiency from the perspective of the stakeholders. This study is trying to focus on how these affected communities, corporations, and governments are seeing these tribunals’ ability and capability to settle and …

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DECODING THE DUEL: CYBER SECURITY V. ARTIFICIAL INTELLIGENCE IN THE DIGITAL ERA

ABSTRACT: This research paper looks into the symbiotic relationship between cybersecurity and artificial intelligence in the ever-evolving landscape of technological advancements. With digitization, there are various challenges posed by cyber threats that highlight the vulnerabilities inherent in the AI systems. This paper emphasizes the need of improving cybersecurity measures to safeguard against the spectrum of …

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TOPIC: ROLE OF POLICE UNDER POCSO CASE OR JUVENILE JUSTICE ACT

SUBMITTED BY: AYANTIKA DAS STREAM: BBA-LLB(H) DATE OF SUBMISSION: 15.02.24 TABLE OF CONTENT 1.ABSTRACT32.KEYWORDS33.INTRODUCTION44.RESEARCH METHODOLOGY55.RESEARCH QUESTIONS66.6.16.26.3HYPOTHESISISSUE – 1ISSUE – 2 ISSUE – 3 7-87.SUGGESTIONS OR RECOMMENDATIONS9-108.CONCLUSION119.BIBLIOGRAPHY12 ABSTRACTThe Juvenile Justice Act, 2015 establishes Special Juvenile Police Units to protect children, but negligence exists in treating privileged children differently and disregarding POCSO Act 2012. India has the world’s largest …

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DEMYSTIFYING COPRIGHTS IN CYBERSPACE: A GUIDE TO PROTECTING YOUR INTELLECTUAL PROPERTY ONLINE

ABSTRACT- Cyber-crimes are booming around the world. Despite its success in regulating cybercrime, India’s Information Technology Act (IT Act) has a critical blind spot: intellectual property (IP) protection. This omission is alarming as online infringement of copyrights, trademarks, and other IP rights is rampant. Existing laws like the Copyright Act and Trade Marks Act, designed …

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HARMONIZING PERSONAL LAWS: A COMPREHENSIVE STUDY OF THE UNIFORM CIVIL CODE IN INDIA.

ABSTRACT  India, as a nation is characterized by cultural diversity, it has historically operated under distinct laws tailored to various cultures and religions which have been around since the British colonial era. A periodic necessity for legal reforms arises that is where the uniform civil code comes in. UCC emerges as a vital proposition within …

HARMONIZING PERSONAL LAWS: A COMPREHENSIVE STUDY OF THE UNIFORM CIVIL CODE IN INDIA. Read More »

“Genetic Engineering Innovations: Navigating Patent Law in Biotechnology forCRISPR-Cas9 and Beyond”

Abstract Genetic engineering has ushered in a new era of biotechnological developments, with CRISPR-Cas9 technology at the forefront. This paper investigates the complex relationship between patent law and genetic engineering breakthroughs in the biotechnology industry, focusing on CRISPR-Cas9 and its ramifications. This paper discusses the opportunities and challenges faced by stakeholders in safeguarding intellectual property …

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FAMILY LAW AND ASSISTED REPRODUCTIVE TECHNOLOGIES : THE ACT AND ITS IMPLICATIONS 

Abstract  The Assisted Reproductive Technology ( Regulation ) Act  2021 was introduced in Lok sabha on 14th september 2020 . After a thorough analysis the standing committee released its report on 19th march 2021 . The act was then passed during the winter session on 1st december 2021 by the minister of health and family …

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Bilkis Yakub Rasool Vs. Union of India& Ors.

CASE COMMENT WRITING Bilkis Yakub Rasool Vs. Union of India& Ors. (2023)                                                                                                                                 – By Tanya TABLE OF CONTENTS 1. INTRODUCTION 2. FACTS 3. ISSUES RAISED  4. CONTENTION 5. RATIONALE  6. DEFECTS OF LAW 7. INFERENCE INTRODUCTION Case Title:  BILKIS YAKUB RASOOL …PETITIONER                                       VERSUS  UNION OF INDIA & OTHERS …RESPONDENTS  Citation: WRIT PETITION (CRL.) NO.491 OF …

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