Publications

PRVENTIVE DETENTION LAWS: BALANCING STATE’S FUNCTIONS AND INDIVIDUAL RIGHTS

This research delves into the development and constitutional implications of laws pertaining to Preventive Detention in India shedding light on their origins during the colonial era and their relevance today. By examining Article 22 of the Indian Constitution this study analyzes the safeguards and loopholes embedded within it revealing potential threats to individual freedoms. Through …

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ANALYSING THE HUMAN RIGHTS IMPLICATIONS IN THE BILKIS BANO CASE

“Rape is, to me, no different than murder. It kills a part of the victim’s soul.” ~Jonathan Maberry The research paper explores the consequences of the Bilkis Bano case for human rights, highlighting the complex interactions between legal, societal, and human rights factors. The study decodes the origins of non-consensual acts by analyzing rape as …

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Constitutional Challenges in Indian Aviation Laws: Unruly Passengers and Fundamental Rights

This study provides a thorough examination of the legal structure that oversees aviation in India, including new issues pertaining to disruptive passengers and the related constitutional implications. The legal framework regarding aviation includes bilateral treaties that regulate air transport services as well as international accords like the Chicago, Montreal, and Tokyo conventions. This paper highlights …

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UNDERREPRESENTATION OF WOMEN IN POLITICS IN DEVELOPING COUNTRIES WITH REFERENCE TO INDIA 

Why are women underrepresented in politics? And how does it matter? Inclusiveness and empowerment of women are essential not only for human existence but also for flourishing democracy in a country. They are underprivileged and underrepresented in the political systems, which are considered to be playgrounds for men only, despite having nearly half the population …

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Impact of Menstrual Leave Policy on a Woman’s career trajectory and Gender Equality

Mensuration, a symbol of womanhood, is a biological process experienced almost by all women and is often associated with various ailments like profound pain, nausea, exhaustion, and vomiting. For decades, this process has never been given the regard it deserves. Furthermore, women have been exploited in all sectors without any consideration of risks towards their …

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THE SABRIMALA JUDGEMENT Indian Young Lawyers Association & Ors. v. The State of Kerala & Ors. (2018)Religion, just like a tribe, is an expression of our beliefs. It’s not a war scheme to negate, discriminate or judge each other.”

– Dr. Jacent Mpalyenkana In the context of women’s rights in relation to the legal principle of equality before the law, women are entitled to equal treatment and cannot have their constitutional rights restricted or denied based only on their gender, according to constitutional imperatives. Still, it is impossible to fairly assert parity when evaluating …

THE SABRIMALA JUDGEMENT Indian Young Lawyers Association & Ors. v. The State of Kerala & Ors. (2018)Religion, just like a tribe, is an expression of our beliefs. It’s not a war scheme to negate, discriminate or judge each other.” Read More »

SUPRIYO @ SUPRIYA CHAKRABORTY & ANR. V UNION OF INDIA 2023

The petitioners in the present case are members of the LGBTQIA+ community and have claimed to face social, economic, and political marginalization merely on the basis of their gender identity and sexual orientation. The petitioners, Supriyo Chakraborty and Abhay Dang, a same-sex couple who wanted the court to give legal recognition to their marriage, filed …

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M/s Larsen Aur Conditioning and Refrigeration Company V. Union of India

A contract that was entered regarding a tender gave rise to the dispute between the respondent state and the appellant. The matter was sent for arbitration on April 22, 1997, and the arbitrator ordered the four respondents to pay 18% pendente lite and future compound interest on the claims in January 1999. When the respondent …

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Case Analysis of the case, Anuradha Bhasin v. Union of India

The problem starts with a security advisory issued by the Civil Secretariat, Home Department, Government of Jammu and Kashmir, instructing them to shorten their stay and make safe arrangements for return. Schools and offices were also closed pending further orders. On August 4, 2019, internet, mobile connectivity, and landlines were turned off until further notice. …

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ANIMAL WELFARE BOARD OF INDIA v. UNION OF INDIA

On May 18, 2023, a 5-judge Constitution Bench of the Supreme Court, comprising Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and CT Ravikumar, upheld the constitutional validity of amendments made by Tamil Nadu, Karnataka, and Maharashtra to the Prevention of Cruelty Act, 1960 (PCA Act). These Amendments allowed for the constitution of traditional …

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LIMITED LEGAL RECOGNITION OF GENDER IDENTITY

In the wake of India’s long-awaited decriminalization of homosexuality in 2018, the shadow of Section 377 has not fully dissipated. While the legal shackles are gone, LGBTQ+ individuals continue to navigate a terrain fraught with social stigma, discrimination, and violence. This paper delves into the lived experiences of the community, drawing from empirical data and …

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OVERVIEW OF CHILD ADOPTION IN INDIA AND LAWS GOVERNNING IT

The paper aims to present a comprehensive review of the laws surrounding adoption.  Adoption offers homeless, illegitimate and abandoned children an opportunity for family life in their best interests. Without it, such unfortunate children are often subjected to human trafficking, child labour and sexual violence. Through adoption they can find a loving home with parents …

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TRADEMARK PROTECTION OF BRANDS

Significance of trademarks are that they differentiate one brand from another brand and helps thecustomer in making purchase decisions. The research paper aims to provide a detailedcomprehensive analysis of trademark protection of brands. By examining the registration processof trademark, cases related to trademark protection, this study highlights the significance oftrademarks and how brands trademark can …

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Corporate Frauds: An Analysis of the Applicability of Foss v. Harbottle Rule in India

By-Ms. Aditi Poddar Fourth-year student of B.COM-LLB (Hons)Studying at St. Xavier’s University, Kolkata. 1 TABLE OF CONTENTS ABSTACT: 3KEYWORDS: 3INTRODUCTION: 3RESEARCH METHODOLOGY: 5RESEARCH QUESTIONS: 5LITERATURE REVIEW: 5THE MAJORITY RULE IN INDIA: 6RELEVENCY OF THE FOSS AND HARBOTTLE RULE IN INDIAN CONTEXT: 8CONSTITUTIONAL PROTECTION PROVIDED BY THE COMPANIES ACT, 2013: 9EXCEPTIONS TO THIS FOSS AND HARBOTTLE …

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CONFLICTS BETWEEN ARTICLES OF ASSOICIATION ANDSHAREHOLDERS’ AGREEMENT IN LAW LAND

Within the context of Indian corporate laws, this paper explores the complex legal issuessurrounding the differences between shareholders’ agreements (SHA) and articles ofassociation (AOA). These founding papers are essential in forming the corporate governanceframeworks, and their disagreements have been a major source of debate in the legalcommunity. This paper first examines the historical development and …

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Media Law and Social Media Influence: Ethical and Legal Boundaries

This research paper unfolds the intricate dynamics of media, especially social media influence, and its ethical and legal boundaries in today’s world through the prism of law and ethics shedding light on the profound impact of technology. This paper endeavors to elucidate the nuanced interplay of law and ethics with the ongoing digital media.  The …

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BYTE-SIZED MASTERPIECES: NAVIGATING COPYRIGHT

CHALLENGES AND CRAFTING SOLUTIONS IN INDIA’S ARTISTIC NFT RENAISSANCE In the kaleidoscopic landscape of India’s NFT Art Revolution, where pixels meet profits and blockchain transforms the canvas. In this ever-changing context, the battle between non- fungible tokens (NFTs) and copyright law has become a battleground for innovation and legal complexities. The study delves into a …

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“Dilemmas of Democracy: Navigating Contempt of Court in the Era of Social Media Expression”.

We are living in the age of science where the internet is the biggest innovation of the technological era. It said that every coin has 2 sides. Same way the internet has 2 sides good and bad. Yes, the dark web is the bad side of the internet, but here we are not talking about …

“Dilemmas of Democracy: Navigating Contempt of Court in the Era of Social Media Expression”. Read More »

Analyzing the contemporary status of Same-sex Marriages in India 

In India, we can see how societal attitudes are heavily influenced by religious and cultural beliefs, and how these beliefs are deeply ingrained in their thought processes, making same-sex marriages a difficult aspect to accept in society. However, this is not the only issue; it is seen that legal and political views influence societal understanding …

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MISUSE OF PUBLIC DOMAIN AS DEFENSE IN COPYRIGHT INFRINGEMENT

Until recently, the misuse defense did not exist in the copyright context. The existence ofmisuse as an independent defense to copyright infringement is wholly supported andjustified. From the unbiased maxim that, one who comes into integrity must do so with“clean hands” there has developed copyright actions concerning the defense of misuse. Thecurrent century will universally …

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THE DOCTRINE OF CLEAR AND PRESENT DANGER IN CONTEMPORARY WORLD

The origins of the Clear and Present Danger Doctrine, a fundamental idea for understanding the bounds of American freedom of speech and expression, are examined in this article. Justice Oliver Wendell Holmes Jr. initially developed the strategy, utilising it in his 1919 ruling in the Schenck v. United States case as a means of striking …

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INTELLECTUAL PROPERTYRIGHTS IN THE FASHION INDUSTRY

Intellectual Property is a core asset of the fashion industry, in this study the patent and copyrightsoften undermined progress. In the recent decade Intellectual Property Rights have beenstrengthened further. Designs that are made by fashion designers can be protected by IntellectualProperty Rights. The sketch designs can be registered under copyright act, 1957. Designs can bewell …

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GST IN INDIA: UNVEILING THE PARADIGM SHIFT IN TAX

ARCHITECTURE AND SOCIOECONOMIC TRANSFORMATION This research paper delves into the transformative impact of the Goods and Services Tax (GST)on India’s tax architecture and socioeconomic landscape. The introduction emphasizes the crucialrole of taxation in economic prosperity and highlights the need for reforms in India’s tax system.The paper provides a comprehensive history of the GST, from its …

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MUKESH KUMAR AND ANOTHER VS STATE OF UTTARAKHAND AND OTHERS. 

PETITIONERS NAME Mukesh Kumar, RESPONDENT NAMES State Of Uttarakhand BENCH Justice L Nageswara Rao and Justice Hemant Gupta CASE NUMBER Civil Appeal 1226 Of 2020 CITATION AIR 2020 SC 992. In 2001 Uttarakhand was formed, since Uttarakhand did not have a reservation policy of its own the policy from other states were applied in this …

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Exploring the Legal and Societal Implications of Menstrual Leave Policies: A Comparative Analysis

The introduction of a Menstrual Leave Policy in the workplace is essential to address the specific needs of individuals who menstruate. Recognizing that menstruation can bring about a range of physical and emotional challenges, this policy aims to provide support and understanding to employees during such times. By offering a dedicated leave allowance for menstrual-related …

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REVITALIZING EDUCATION: UNVELLING THE BENEFITS OF THE NATIONAL EDUCATION POLICY (NEP)

This research paper delves into the transformative impact of the National Education Policy (NEP), exploring its multifaceted advantages in revitalizing the educational landscape. Through a comprehensive review of policy objectives, implementation strategies, and case studies, this paper aims to provide a nuanced understanding of how the NEP contributes to the enhancement of education across various …

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 Vishal Tiwari v Union of India 

                          Citation: WP(C) No. 162 of 2023 In the given case, Hindenburg Research established by Nathan Anderson in 2017 is a scientific monetary research firm which examines equity, credit and derivatives. It has a history of tracking down corporate facades, crimes and putting down wagers against the organizations. The Hindenburg Report submitted on January 24, 2023 …

 Vishal Tiwari v Union of India  Read More »

Evolution of Article 370: From the Instrument of Accession to Abrogation and Beyond

his research study investigates the multidimensional evolution of Article 370 of the Indian Constitution, from the Instrument of Accession to its subsequent abrogation and the resulting post-abrogation landscape. The enactment of Article 370, which was founded in the historical circumstances surrounding the signing of the Instrument of Accession in 1947, presented Jammu and Kashmir with …

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THE BILKIS BANO CASE STUDY: IN THE CONTEXT OF THE POWER OF REMISSION UNDER CRPC, RULE OF LAW AND NATIONAL AS WELL AS INTERNATIONAL IMPACT OF THIS CASE

The Bilkis Bano case, arising from the heinous events during the Gujarat riots of 2002, stands as a significant landmark case in the pursuit of justice, human rights, and legal reforms within the Indian context. This abstract provides a concise overview of the case, encapsulating its historical roots, socio-legal implications, challenges faced by survivors, and …

THE BILKIS BANO CASE STUDY: IN THE CONTEXT OF THE POWER OF REMISSION UNDER CRPC, RULE OF LAW AND NATIONAL AS WELL AS INTERNATIONAL IMPACT OF THIS CASE Read More »

“Navigating the Future: Towards a Comprehensive Legal Framework for Artificial Intelligence in India

With the advancement of time, new technologies have emerged to assist mankind and Artificial intelligence or AI has been captured in the centre of it. Now all industries from big tech companies and automobile giants to local shopkeepers have been using AI in some form. The usage of AI is not only limited to the …

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Safe Harbour or Shifting Seas: A Critical Examination of Internet Intermediary Liability in the Era of AI

We are dancing to the tune of AI and its algorithms are dictating the rhythm of our world. Its increasing integration into human systems have raised questions about its impact on intellectual property rights. This paper conducts a thorough examination of safe harbour provisions in India, citing relevant cases and offering insightful suggestions. Subsequently, the …

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 ANALYSING THE RELATIONSHIP BETWEEN TAXATION STRATEGIES AND THEIR EFFECT ON ECONOMIC GROWTH IN INDIA

This research paper examines the nuanced relationship between taxation policies and economic growth in India. It analyses the impact of direct taxes on overall economic development by analysing their impact on disposable income, capital formation, and individuals’ saving and investment inclinations. The report also examines the Goods and Services Tax (GST) implementation as a key …

 ANALYSING THE RELATIONSHIP BETWEEN TAXATION STRATEGIES AND THEIR EFFECT ON ECONOMIC GROWTH IN INDIA Read More »

BYTE-SIZED GOVERNANCE: REVOLUTIONIZING INDIAN CORPORATE ARENA WITH SMART CONTRACTS AND BLOCKCHAIN ΤΟ TACKLE INDOOR MANAGEMENT

The Companies Act 2013 marks a significant change in how businesses operate in India, especially with the rise of technology. This paper takes a closer look at how the Companies Act 2013, specifically the Turquand Rule, interacts with modern tech like smart contracts. Focusing on the concept of Indoor Management in Indian Company Law, we …

BYTE-SIZED GOVERNANCE: REVOLUTIONIZING INDIAN CORPORATE ARENA WITH SMART CONTRACTS AND BLOCKCHAIN ΤΟ TACKLE INDOOR MANAGEMENT Read More »

ADVENT OF ARTIFICIAL INTELLIGENCE IN LEGAL FIELD: ADVANTAGES & DISADVANTAGES

Artificial Intelligence (AI) is a multifaceted concept that receives varied definitions. Some characterize it as a human-created technology aimed at streamlining tasks, ensuring faster and more efficient outcomes. Others are of the opinion that AI is a technology developed by humans to enable computers and machines to function effectively. In essence, AI represents an intelligence …

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TRIBAL LAWS IN INDIA

The Prime intent of the research paper is examining different laws and acts, which are provided to the tribals of the country covered under the constitution of India. Research paper also goes through what impact it would have on the Lives of the community through these laws in India. The paper presents detailed exploration regarding …

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A STUDY ON THE ROLE OF PROSECUTION IN EFFECTIVEADMINISTRATION OF THE CRIMINAL JUSTICE SYSTEM IN INDIA

The police, the prosecution, the courts, and the administration of corrections make up thecriminal justice system. All of these system components are meant to function in unison with oneanother. The criminal justice system’s success will only be made feasible by these organsworking together harmoniously. The prosecution system, which is regarded as the mostimportant branch of …

A STUDY ON THE ROLE OF PROSECUTION IN EFFECTIVEADMINISTRATION OF THE CRIMINAL JUSTICE SYSTEM IN INDIA Read More »

SATYAJIT KUMAR vs THE STATE OF JHARKHANDDATE: 2 AUGUST 2022BENCH: B. V NAGARATHNA, M.R. SHAHCOURT: SUPREME COURT OF INDIACASE TYPE: APPEALCIVIL APPEAL NO. 4038/2022APPELLANT: SATYAJIT KUMAR & ORS.RESPONDENT: THE STATE OF JHARKHAND & ORS.

This case spins arounds the order for a 100% reservation in class 3 and class 4 posts related toteachers in Jharkhand which was passed by as a result of state legislation which would give acomplete amount of reservation to the locals of particular districts in Jharkhand, but only tothe people belonging to the community of …

SATYAJIT KUMAR vs THE STATE OF JHARKHANDDATE: 2 AUGUST 2022BENCH: B. V NAGARATHNA, M.R. SHAHCOURT: SUPREME COURT OF INDIACASE TYPE: APPEALCIVIL APPEAL NO. 4038/2022APPELLANT: SATYAJIT KUMAR & ORS.RESPONDENT: THE STATE OF JHARKHAND & ORS. Read More »

Vineeta Sharma vs Rakesh Sharma on 11 August, 2020

Equivalent citations: AIR 2020 SUPREME COURT 3717, AIRONLINE 2020 SC 676 Bench: M.R. Shah, S. Abdul Nazeer, Arun Mishra INTRODUCTION: This case revolves around the issue of providing equal rights to daughters as coparceners. Prior to the 2005 Amendment, Hindu Succession Act  did not provide daughters the right to become coparceners. However in the year 2005, Section 6 …

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ADVENT OF ARTIFICIAL INTELLIGENCE IN LEGAL FIELD: ADVANTAGES & DISADVANTAGES

Artificial Intelligence (AI) is a multifaceted concept that receives varied definitions. Some characterize it as a human-created technology aimed at streamlining tasks, ensuring faster and more efficient outcomes. Others are of the opinion that AI is a technology developed by humans to enable computers and machines to function effectively. In essence, AI represents an intelligence …

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POLICY FRAMEWORK FOR HUMAN MIGRATION FROM DONKEY ROUTES IN INDIA

The information concerning the donkey routes that Indians use will be provided in this research report. The majority of the travellers are from Punjab, Gujarat, and they go through an intermediary who facilitates their illegal immigration. without a visa, they encounter numerous difficulties along the way. They had to deal with a lot of challenges …

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Bharatiya Sakshya (Second) Bill: A comprehensive analysis of the current legal system.

Repealment of Indian Evidence Act, 1872 and its replacement by Bharatiya Sakshya (Second) Bill and the amendments made thereof are going to have a huge impact on our current legal system. With the introduction of technological terms in Bharatiya Sakshya Sanhita a great influence regarding technological involvement is to be resorted to. These changes were …

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Mohd. Julfukar v. The State of Uttarakhand and Another

(Quashing of Rape Case) Mohd. Julfukar  …….. Appellant(s) Versus The State of Uttarakhand and Another ..…. Respondent(s) Judge: Honorable Justice B.R. Gavai Dated: 9th January, 2024 (Judgement) This case basically aroused out of the impugned final judgment and the order passed by the High Court of Uttarakhand at Nainital on 11th October, 2022. It challenges …

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Geographical Indications: The Need for Demarcative Mechanism between products qualifying as Cultural Heritage or produce of Private Entities

The proposed study aims to examine the critical significance of geographical Indications as a valuable Intellectual Property Rights which is characterized to be in its evolutionary phase . The right of Geographical Indications have successfully assumed expansion due to new advancements in the field. However , with growth of such orientation, one is also required …

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VIVEK NARAYAN SHARMA V. UNION OF INDIA (2023)

CITATION: Writ Petition (Civil) No. 906 of 2016, 2023 SCC OnLine SC 1 COURT: The Supreme Court of India BENCH: Justice B.R. Gavai, Justice Abdul Nazeer, Justice V. Ramasubramanian, Justice A.S. Bopanna and Justice B.V. Nagarathna (Dissenting) PARTIES: Vivek Narayan Sharma (Petitioner) and Union of India (Respondent) DATE OF JUDGEMENT: 2nd January 2023 ISSUES RAISED: …

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CRYPTOCURRENCY REGULATION AND BANKING SECTOR RESILIENCE IN INDIA: A HOLISTIC APPROACH WITH A LOOK AT ON UPI AND FRAUD MANAGEMENT

The dynamic landscape of cryptocurrency presents a unique set of challenges for the banking sector in India, prompting cautious regulatory measures from the Reserve Bank of India (RBI). This research paper investigates the nuanced relationship between cryptocurrency regulation banking sector resilience and the role of the Unified Payments Interface (UPI) in India through a historical …

CRYPTOCURRENCY REGULATION AND BANKING SECTOR RESILIENCE IN INDIA: A HOLISTIC APPROACH WITH A LOOK AT ON UPI AND FRAUD MANAGEMENT Read More »

Does the DPDP Act protect the mechanism of personal data protection in the face of artificial intelligence software?

Since man is a constantly inquisitive animal, he is always tempted to make discoveries to meet the new needs of life that arise. As a result, the digitized information world we live in today has been born. In Marshall McLuhanhan’s concept of the global village, the human being who searched for the new faces of …

Does the DPDP Act protect the mechanism of personal data protection in the face of artificial intelligence software? Read More »

INDIA: Paving the way as an International Commercial Arbitration Hub

The 1996 amendment to the Arbitration and Conciliation Act marked a significant turning point for the arbitration system in India. It aimed to revamp and improve the process, and the changes it brought have had a notable impact on the conduct of arbitration in the country. This is not only beneficial for India’s reputation as …

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Analysis of Press and Registration of periodicals bill, 2023

This paper will discuss and analyze the new bill recently passed in Parliament named “the press and registration of periodicals bills 2023”. The Press and Registration of periodicals Bill, 2023 (PRP Bill) is a new bill that simplifies and modernize the registration process for publications. The bill simplifies and streamlines the registration and simultaneously title assignment …

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CASE COMMENT: X VERSUS THE PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. OF NCT OF DELHI & ANR

In this case, the Supreme Court of India held that unmarried women could obtain an abortion between 20-24 weeks of pregnancy due to a change in their marital circumstances.  A 25-year-old woman appealed a Delhi High Court ruling that denied her request for an abortion during the 23rd week of her pregnancy to the Supreme …

CASE COMMENT: X VERSUS THE PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. OF NCT OF DELHI & ANR Read More »