Publications

Chief Information Officer v. High Court of Gujarat and Anrs., 2020

Civil Appeal No.  1966-1967 of 2020 Appellant  Chief Information Officer Respondent High Court of Gujarat and Another Jurisdiction Supreme Court of India Bench  Justice R. Banumathi and Justice A.S Bopanna INTRODUCTION The case of Chief Information Officer v. High Court of Gujarat and Anrs. 2020, is considered to be a landmark case, where the Supreme …

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MASTER PRABHNOOR SINGH VIRDI v. THE INDIAN SCHOOL & ANR.

BARRING THE STUDENT FROM APPEARING BOARD EXAM DUE TO NON-PAYMENT OF FEES IS VIOLATIVE OF ARTICLE 21 OF THE INDIAN CONSTITUTION Case No W.P.(C) 584/2023 with CM APPLs. 2281/2023, 2282/202 Jurisdiction Delhi High Court Case decided on 17th January 2023 Judge Hon’ble Ms Justice MINI PUSHKARNA Petitioner Prabhanoor Singh Virdi through his father Karamjeet Singh …

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

This 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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CASE COMMENT: Supriyo V. Union of India

CASE COMMENT: Supriyo V. Union of India  DATE OF JUDGEMENT: October 17, 2023 PETITIONER: Supriyo a.k.a. Supriya Chakraborty, Abhay Dang, Parth Phiroze Mehrotra, Uday Raj Anand  RESPONDENT: Union of India BENCH: CJI D.Y. Chandrachud, Justice S.K. Kaul, Justice S.R. Bhat, Justice Hima Kohli, Justice P.S. Narasimha  CITATIONS: W.P. (C) No. 1011/2022 Diary No. 36593/2022 The …

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DIGITAL PERSONAL DATA PROTECTION (DPDP) ACT, 2023:Impact on Businesses and Industries

The research paper aims to delve deep into the newly passed (DPDP), Act 2023 and analyse the provisions of the act while establishing a relation as to its effects on potential businesses and industries. The passing of this act has established a robust legislative framework as to Data protection and privacy on consumers and how …

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An analysis of consent in relation to rape laws in India

The present research thoroughly examines the idea of consent in relation to Indian rape laws, considering both the legislative framework and external variables that have an impact on how consent is interpreted. The study investigates cases when criminal law is abused to enforce socially and personally acceptable standards, addressing concerns about the growth in false charges …

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Jurisprudential Dilemmas: Analyzing the Paradox of Prior Sanctions in thePrevention of Corruption Act – A Critical Examination of Sections 17A and 19

This paper navigates the intricacies of the Prevention of Corruption Act, scrutinizing Sections17A and 19. It unravels their paradoxical impact, suggesting nuanced reforms for balancingaccountability and preventing potential misuse, emphasizing the need for continuous legislativerefinement and judicial clarity in the fight against corruption. Keywords ● White collar crime● Public servants● Discharge of official duties● Sanctions● …

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An Analysis on Women’s Legislative representation in India.

This paper aims to portray a composite image on the condition of women representation in legislatures across India including both the state legislatures and Central legislature i.e. the Parliament of India. The paper analyses the demand of reservation for women by a historical as well as contemporary perspective. The present conditions and numbers have been …

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Digital Personal Data Protection Act, 2023: An Analysis

The Digital Personal Data Protection Act, 2023 (DPDP Act) is a milestone piece of regulation that lays out a far-reaching lawful system for the assurance of individual information in India as well as outside India, assuming it includes giving labour and products to information directors inside India. This Act permits individual information to be handled …

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Examining the Role of Forensic Evidence in Prosecuting Child Sexual Abuse Cases under the POCSO Act.

Child sexual assault is still a constant threat to a just society. Sexual abuse victims face a social stigma for the rest of their lives, which leads to a lack of reporting of cases.This research paper aims understand the key role played by the forensic evidences in determining the rights of victim and and punishing …

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 Reservation in India and EWS Quota

India, a nation abundant in cultural heritage, stands as the world’s largest democracy, seventh-largest by area, and the most populous globally. Despite its significant influence in the Asian subcontinent and global politics, India grapples with a complex history marked by inequality, limited equal opportunities, and exclusivity. Generations of certain castes have endured discrimination and oppression. …

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INVESTIGATING INTO THE CONTEMPORARY LEGAL CHALLENGES IN CROSS-BORDER MERGERS AND ACQUISITIONS

This research paper explores the intricate legal landscape in India surrounding cross-border mergers and acquisitions in the contemporary business environment. The study highlights the complexities associated with corporate law, foreign exchange regulations, taxation, regulatory compliance and other vital aspects determining the possibility of a cross-border M&A transaction. The findings contribute to the existing body of …

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Artificial Intelligence and how its transforming legal practices

We all know that AI is making a significant impact on the whole world and even disrupting various professions in their entirety as its groundbreaking  model allows for it do tasks with efficiency like humans in some cases cant. While its making strides everywhere and taking up people jobs and replacing them, in the legal …

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THE ABROGATION OF ARTICLE 370: SOCIAL AND ECONOMIC IMPLICATION ON JAMMU AND KASHMIR

This paper analyses the merging of Jammu and Kashmir under the pretext of Article 370 to the Indian Union with the aid of Instrument of Accession which was introduced in the year 1925, to enable the princely states to join one of the dominions created by the partition of  British India. Jammu and Kashmir known …

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Unmasking Deepfakes: A Legal Analysis of India’s IT Act 2000 in the Age of Synthetic Media

Abstract Advancements in artificial intelligence have given rise to deepfakes, hyper-realistic manipulated media that pose significant challenges to legal frameworks worldwide. This research delves into the complex intersection of synthetic media and the legal landscape in India, focusing on the [1]Information Technology Act, 2000 (IT Act). We have undertook a comprehensive analysis of the [2]IT …

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The Role of National Human Rights Commission in upholding justice

Abstract The National Human Rights Commision (herein referred to as NHRC) is an independent, autonomous and a sovereign body which stands for the people and society whose human rights are being violated which are enshrined in our constitution through Article 14, 19, 21[1] etc. This paper talks about the NHRC in India as to how …

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right, advocacy, lex

The Role of International Law in Environmental Conservation

ABSTRACT Environmental conservation, a pressing global concern, necessitates collaborative efforts through international law. Recognizing the imperative for international cooperation in environmental conservation, this exploration delves into the historical roots of global environmental legislation, drawing from treaties, customary laws, and judicial decisions. It traces the progression from early concerns about endangered species to contemporary challenges like …

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Case Comment: Satender Kumar Antil v. Central Bureau of Investigation (2022)

Bench- Justice Sanjay Kishan Kaul and Justice M.M Sundresh Introduction The Supreme Court observed that there had been many judgements in the High Court favouring the accused regarding his groundless arrest and upholding the right as enshrined under Articles 19 and 21 of the Indian Constitution, however, there were also many instances where the Trial …

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In Re Prashant Bhushan & Anr. (2020) (Contempt of Court Case)

-Case commentary INTRODUCTION On the 14th of August 2020, Advocate Mr. Prashant Bhushan faced the Supreme Court of India’s criminal contempt charges due to two tweets. The case gained widespread attention for the observations made by the Supreme Court. Mr. Bhushan was fined Re. 1, and failure to pay could have resulted in a three-month …

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The State Of Jharkhand V/S Shailendra Kumar Rai

Bench: Justice Hima Kohli and CJI D.Y.Chandrachud Case No.: Criminal Appeal No.1441 of 2022 Appellant: State of Jharkhand Respondent: Shailendra Kumar Rai @ Pandav Rai Appellant’s Advocate: Madhusmita Bora Court: Supreme Court of India Jurisdiction: Criminal appellate Judgment Date: 31 October, 2022 FACTS ISSUES RAISED Based on the arguments received on behalf of the parties, …

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Cybersecurity Breaches and Liability Concerns for Indian Corporations

Abstract: India has witnessed the growing pace of digitalization of any of the major world economies. The nation with over trillion-dollar economy has adopted to the digital transformation in a rapid progression. As a result, Indian Corporations have been under radar for data protection of the public. The foundation of the country’s cyber law and …

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Deep Fake Technology and Privacy Laws in India: Balancing Innovation and Personal Privacy

This research paper delves into the intricate intersection of deep fake technology and privacy concerns, with a specific focus on the Indian context. The paper begins by providing an in-depth overview of deep fake technology, elucidating the techniques employed in its creation, real-world applications, and the global perspectives shaping its evolution. The significance of the …

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The Three New Criminal Law Bills: Modifying the wholecriminal law system of India

Abstract The Indian legal landscape stands at the transition of significant change with the proposal of three new criminal law bills aimed at replacing the current foundational laws: the Indian Evidence Act of 1872 (to be substituted by the Bhartiya Sakshya Bill), the Code of Criminal Procedure of 1973 (to be replaced by the Bhartiya …

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CASE COMMENT

CITATION :-                                               W.P.(C) No. 1011/2022Diary No. 36593/2022 DATE OF JUDGMENT:-                                                                    17 October, 2023 COURT:-                                                                         SUPREME COURT OF INDIA PETITIONERS:-      SUPRIYO CHAKRABORTY, ABHAY DANG, PARTH PHIROZE                                         MEHROTRA, UDAY RAJ ANAND RESPONDENT:-                                                                                     UNION OF INDIA BENCH:-       D.Y.CHNDRACHUD CJI, S.K..KAUL J,S.R.BHAT J,HIMA KOHLI J,   P.S.NARSIMHA  J Facts The cases were filed by the LGBT Community …

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TASK 2: SUNIL v. THE STATE (GOVT OF NCT OF DELHI), 2014.

WRIT PETITION (CIVIL) NO. 576 OF 2013 DATE OF JUDGEMENT: 20/01/2014 RESPONDENT:  THE STATE APPELLANT: SUNIL BENCH:  JUSTICE V.K. JAIN FACTS OF THE CASE: On November 6th, 2009, Priyanka, the deceased, who was married to Ramesh Kumar and related to Sahib Singh, Raj Rani, Manju, Ravinder, and Sunil, was taken to Saroj Hospital & Heart …

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LEGAL IMPLICATIONS OF DEEP FAKE TECHNOLOGY ON  CYBERSECURITY LAWS IN INDIA

ABSTRACT Deep fake technology is a sophisticated form of artificial intelligence that can be used in order  to create extremely realistic fake content, consequently making it difficult for people to  differentiate between what is real and what is a deep fake. The rapid emergence in the use of  deep fake technology in recent times is …

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DEVELOPMENT AND APPLICABILITY OF UNIFORM CIVIL CODE IN INDIA UNDER ARTICLE 44 OF THE INDIAN CONSTITUTION

ABSTRACT – The term “Uniform Civil Code” refers to the general body of secular civil laws that will apply to all Indian citizens without regard to their caste, language, or tribe. in India a set of unrelated religious laws concerning contracts, the transfer of property, the law of the land, and other civil laws. Laws …

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SHAPING MARRIAGE NORMS: LESSONS FROM SUPRIYA CHAKRABORTY AND ANOTHER V. UNION OF INDIA FOR THE LGBTQ+ COMMUNITY

ABSTRACT This research paper embarks on an analysis of the case, Supriya Chakraborty and Another v. Union of India[1], delving into its profound influence on the landscape of marriage norms and its resonating implications for the LGBTQ+ community. The study is framed within a comprehensive exploration that traverses legal doctrines, comparative jurisprudence, scholarly discourses, and …

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LEGAL VALIDATION OF SAME SEX MARRIAGE

ABSTRACT This research paper explores the legal validation of same-sex marriage, examining the landmark legal cases, historical progression, international perspectives, future implications   challenges and societal impact. The paper firstly begins with a brief historical overview, featuring key milestones and legal cases that have formed the recognition of same-sex marriage. Drawing on a comparative analysis of …

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hammer, books, law

Sex Workers in India: Legality v. Morality

Abstract Prostitution is taken into consideration to be one of the world’s oldest Profession wherein someone presents sexual offerings in alternate for money. The person who practices this career additionally considers it towards morality and does now no longer needs to introduce this career to the subsequent generation. Here in India, the regulation and morality …

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case-law, lady justice, justice

DELIMITATION OF MARITIME BOUNDARIES DISPUTE (MAURITIUS/MALDIVES)

Krish Vikram, 1st Year Law Student, Symbiosis Law School Pune ABSTRACT The maritime boundary dispute between Mauritius and Maldives, centred around the Chagos Archipelago in the Indian Ocean, stems from colonial-era map discrepancies and subsequent territorial disagreements. Post-independence, Mauritius claimed the Archipelago, occupied by the UK. Maldives, geographically closest, wavered in its stance until President …

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Unveiling Legal Frontiers and Opportunities in India’s Exploration of Web 3.0

INTRODUCTION “Change is the only constant.”, a simple phrase which keeps on proving itself rightfully supreme. The legal field is familiar with change, as it is the only thing that keeps the industry afloat and with the emergence of Web 3.0 this change was much needed.This paper deals with these changes and additions made to …

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“Artificial Intelligence and its Role in the Criminal Justice System: A Comprehensive Legal Analysis”

———————————————————————————————— Abstract This legal research paper delves into the transformative impact of artificial intelligence (AI) on the criminal justice system, exploring its potential applications and the challenges it presents. The study begins with an overview of AI’s historical development and its classification as an enabler for various technologies. It focuses on India’s legal landscape, the …

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Natural Justice in Indian Administrative Law: Courts and Procedural Fairness

Abstract This paper delves into the intricate domain of the “principle of natural justice,” an uncodified yet deeply rooted aspect of common law and moral principles. Originating from the Latin “jus natural,” it transcends statutes, holding paramount importance in civilized societies. The Supreme Court’s evolution in establishing social, just, and economic statutory protections, particularly for …

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Same sex marriage in India

Khushi LL.B. (student) Law center – 2, Faculty of law, University of Delhi ABSTRACT This study develop into the multifaceted aspects of same-sex marriage, exploring its social, legal, and cultural implications. Through a comprehensive analysis, it investigates the historical evolution of attitudes towards same-sex unions and community, the legal battles for marriage equality, and the …

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Granting divorce under Article 142: Review power or overpower of Supreme court

Abstract Marriages are considered a sacred institution where the people cohabit together and create legal relations. The provision of marriage is mentioned under the established laws related to marriage, for instance, the Hindu Marriage Act 1955. This act also provided the provisions for granting divorce and the procedure for the divorce, which means that a …

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justice, statue, lady justice

Punishing the Innocent: An Insight into the Wrongfully Convicted

Abstract: The Indian Justice System is embedded in certain fundamental ideals and concepts. It is founded on the underlying principle an accused is innocent unless proven guilty. Nevertheless, there have been documented cases in the media and news when individuals have been exonerated after enduring wrongful convictions over extended periods of time. This diminishes the …

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DEEPFAKE AND ITS LEGAL IMPLICATIONS

Abstract This research paper delves into the rapidly evolving landscape of deepfake technology. It looks at the different uses, possible dangers, and legal issues that deepfake raises. Advanced artificial intelligence algorithms enable the production of hyper-realistic synthetic media that can imitate and modify audio-visual content, a capability made possible by deepfakes. The legal implications of …

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PRIVATE DEFENCE – SECTION 96-106 OF THE IPC

ABSTRACT This research paper delves into the nuanced dimensions of private defence within the Indian Penal Code (IPC), exploring its philosophical underpinnings, legal principles, and implications for the Indian legal system. The analysis navigates through fundamental aspects, including the right to self-preservation, the nature and scope of private defence, and the interplay of reasonableness and …

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One Nation One Code: Navigating the Path to a Unified Civil Code in India

Abstract A society without law descends into anarchy; law permits every aspect of our lives, and even without them being enforced, most people can tell right from wrong. The need for rules and laws has been around since forever. Throughout history, societies have followed specific rules, often based on ancient texts like the Vedas, Quran, …

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justice, right, legal

NAVIGATING THROUGH THE EMERGING & EVOLVING DOMAINS IN THE REALM OF LAW

ABSTRACT This paper titled- ‘Navigating through the emerging and evolving domains in the realm of law’ aims to present a comprehensive manoeuvre to explore the various emerging laws and the adaptations and evolutions involved to make these laws pertinent to the dynamic civilization of the human race. Through this exploration, we delve into the various …

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judge, court, gavel

An Overview of Insider Trading: Historical Perspective, Regulations, and Notable Cases.

Abstract Insider Trading concerns mainly the equity markets and is one of the most frequent securities frauds. Stating it in simpler terms involves trading Stocks or Securities of a Company that has not been made available to the public. The insider’s Term generally includes the Company’s Executives, Employees, and any other individuals with access to …

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right, law, attorney

Multifarious Suit – The Mis-joinder of Parties & The Mis-joinder of Causes of Action

Abstract “A suit is a proceeding by which an individual pursues that remedy that the law affords”1. Generally, a suit is a civil proceeding instituted by the presentation of a plaint2. Opposing parties, cause of action, subject matters and Relief claimed are the four essentials of a suit. Failed to fulfil these essentials is a …

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Behind the Facade: Assessing the Enforcement Efficacy of Animal Protection Laws

Abstract The Prevention of Cruelty to Animals Act of 1960 was made by the government to protect the rights of animals in the context of modern human society. The core intention behind this legislation was to establish adequate protections for animals, preventing them from experiencing harm, undue pain, or torture inflicted by humans unless such …

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Bangalore’s Jack the Ripper: B.A. Umesh v/s Union of India

Court Name: The Supreme Court of India Jurisdiction: Criminal Appellate Jurisdiction Appeal Number: Criminal Appeal No. 1892 of 2022 arising out of S.L.P. (Crl.) No. 890 of 2022] Appellant: B.A. Umesh aka Umesh Reddy Respondent: Union of India Bench: CJI D Y Chandrachud, J. P.S Narasimha, J. S. Ravindra Bhat Date of Judgment: November 4, …

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