The concept of ‘Alternate Dispute Resolution’ or ADR has been persistently developing along with legal and social changes related to justice access. Defining the role of a lawyer in an Alternate Dispute Resolution is equally difficult as limiting ADR itself. Lawyers must take a proactive stance in light of the modern ADR environment, which is …
THE ROLE OF LAWYERS IN ADR: ADVOCACY AND ETHICAL CONSIDERATIONS Read More »
Court: The Supreme Court of India Criminal Appeal No. 1441 of 2022 Appellant: State of Jharkhand Respondent: Shailendra Kumar Rai Bench: Hon’ble Justice D.Y. Chandrachud and Hon’ble Justice Hima Kohli Date Decided: 31st October, 2022 The respondent entered the deceased victim’s home in Narangi village on November 7, 2004, in the afternoon, and it was alleged that …
Issues Contentions of the Respondents Judgment of the Court The Supreme court upheld Delhi High Court, and the Trial Court’s decision to grant the Death penalty to the Remaining four convicts. Ram Singh, the fifth accused committed suicide in Tihar jail, while the sixth one being a minor granted three years in – a correction facility by …
Divorce Rate in India is increasing day-by-day. Among several reasons behind this,empowerment of women is one of them. This research paper analyses the intricate relationshipbetween women empowerment and its consequential shift in divorce rates and traditionalsocietal norms in India. The paper analyses whether this shift is positive or negative impact ofwomen empowerment. We will discuss …
RESONANCE OF WOMEN EMPOWERMENT ON DIVORCE RATE AND INDIAN SOCIETAL NORMS. Read More »
~ Prachi Mehta This research explores the multifaceted relationship between media trials and administrationof justice. Focusing on a recent Supreme Court directive1 to address biased reporting and thesubsequent request for guidelines, the study investigates the diverse impact of media trials onjudicial decision-making. Through a comprehensive analysis, it studies legal, ethical, andsocietal dimensions, highlighting the crucial …
Welfare Department & Ors. Bench: Dr Dhananjaya Y Chandrachud, A. S. Bopanna, B. Pardiwala,Case No.: Civil Appeal No. 502 of 2022 (Arising out of SLP (C) No. 12612 of 2022)Appellant: Mrs. XRespondent: The Principal Secretary, Health and Family Welfare Department & Ors.Appellant’s advocate: Dr Amit MishraCourt: Supreme court of IndiaJurisdiction: Appellate Jurisdiction of the Supreme …
X Vs. The Principal Secretary, Health and Family Read More »
For every country’s economy, its financial market plays a most vital role. In India, SEBI (The Securities and Exchange Board of India) has been responsible for regulating the financial market. SEBI’s framework incorporates a wide spectrum of market participants, including listed businesses, stock exchanges, brokers, and investment advisers. It also works to protect the interests …
ONLINE DISPUTE RESOLUTION IN INDIAN SECURITIES MARKET Read More »
Sexual harassment posts towards devasting impacts on the athletes, their health and performance. These are more directed towards the female athletes. Sports is the place where people could exhibit their talents regardless of their background. Cases are continuously being reported, but the rate of actions, remains to be poor due to the status of person …
LEGAL IMPLICATIONS REGARDING SEXUAL HARASSMENT AT SPORTS ENVIRONMENT Read More »
Artificial Intelligence or AI has always been a topic of discussion due to its impact on human life. Initially, majority of the reasons why AI used to be in news were positive reasons, that is, those reasons which stressed on how AI has been successful in making human life more “plain-sailing” ; and no doubt, …
Deepfakes and AI Techniques: A Legal Perspective Read More »
Case no: Criminal appeal no. 1669 of 2009 Citation: (2019) 3 JT 16, (2019) 2 RCR(Criminal) 298, (2019) 3 Supreme 417 Hon’ble Judges: Justice. Abdul Nazeer, Justice. B. R. Gavai, Justice. A. S. Bopanna, Justice. V. Ramasubramanian and justice. B. V. Nagarathna Bench: Division Bench Appellant: Neeraj dutta Respondent: State Legislations referred: In this instant case, Mr. Ravijit Singh, engaged …
Case: Neeraj dutta v. State (Govt. of NCT of Delhi) Read More »
Indo Unique Flame Ltd. (IUFL) had been allotted a tender by Karnataka Power Corporation Ltd.(KPCL) for the supply of coal through an open tender process. IUFL had entered into asubcontract with Global Mercantile Private Ltd. (GMPL) to supply coal. IUFL had providedKPCL with a guarantee of the performance of the contract. In turn, IUFL had …
N.N. Global Mercantile Ltd. v. Indo Unique Flame Ltd. Read More »
ISSUES RAISED: CONTENTION: By the Respondent: In its counter affidavit that was submitted in the top court, the Gujarat Government stated that the petitioners have not stated as to how they possess the locus to seek a writ petition to quash the order of remission passed by the respondent No. 1 with respect to the …
On December 14, 2016, the prosecutrix, aged 12yrs went out to obtain a guava but didn’t return for a long time which led her mother to venture out and search for her. Her search took her to the Accused Satish’s residence where she enquired the accused about the whereabouts of her daughter which the accused …
The judgement of Anuradha Bhasin Vs. Union of India is a landmark judgement by the Supreme court of India, which was pronounced on 10th January, 2020. The case formed its base in the place renowned as the “Paradise on Earth”, that is Jammu & Kashmir. The ruling was related to the suspension of internet and …
ANURADHA BHASIN Vs. UNION OF INDIA AIR 2020 SC 1308 Read More »
Investigating the complex relationship between artificial intelligence (AI) and intellectual property rights (IPR), this study strikes a careful balance between addressing social consequences and promoting innovation. The backdrop highlights the growing dynamics between Artificial Intelligence and Intellectual Property Rights and clarifies their interaction. Analyzing the IPR in technology’s historical context reveals the complex evolution that …
With the growing consensus in the world about the negative impact of human activities on the environment it becomes imperative for the government to make legislature that aims to preserve the environment and put significant restrictions on humans that deter them from undertaking any act that damages the environment. Laws play a pivotal role in …
The deleterious effect of legislative bills on the environment Read More »
The procedure of selecting important members of the Election Commission of India has undergone a substantial transformation as a result of the historic ruling in the case of Anoop Baranwal v. Union of India, which was handed down by a Supreme Court Constitution Bench on March 2, 2023. The Chief Justice of India, the Leader …
ANOOP BARANWAL V. UNION OF INDIA [ELECTION COMMISSION APPOINTMENTS], (2023) Read More »
In recent decades, there has been a significant shift in the legal landscape regarding the rights of same-sex couples in adoption and divorce. The recognition of same-sex marriage and the extension of adoption rights to LGBTQ+ individuals and couples have marked important milestones in the fight for equality. However, despite these advancements, legal challenges and …
LEGAL RIGHTS OF SAME-SEX COUPLES IN ADOPTION AND DIVORCE Read More »
Adopting legislative reforms is a crucial component of legal systems around the world since it reflects changing social norms and tackles new issues. In these circumstances, the recent passing of three noteworthy bills in the Parliament of India, namely the Bharatiya Nyaya (Second) Sanhita, 2023, Bharatiya Nagarik Suraksha (Second) Sanhita, 2023, and Bharatiya Sakshya (Second) …
INDIA’S CRIMINAL LAW REFORMS: UNPACKING THE CHALLENGES BEYOND STATUTES Read More »
This study emphasises how vital it is for Indians to have better access to the legal system, especially those from lower socioeconomic backgrounds. It talks on how common poverty is throughout the nation and stresses how crucial pro bono legal services are to closing the gap. The study looks at how law schools and their …
Today social media has become a widely accessible tool for everyone. Social media is at our fingertips, literally. With this power comes a lot of responsibility. Responsibility in the hands of sometimes not-so-responsible users. This duality underscores a critical concern as the line between the freedom of expression and potential legal transgressions becomes increasingly blurred …
Impact of Social Media on Defamation and Privacy Laws Read More »
– The UPSC scheduled the Civil Services Examination (CSE) 2020 initially for May 31, 2020. This prestigious examination is a gateway for individuals aspiring to join the Indian Administrative Service, Indian Police Service, and other elite civil services. – Due to the COVID-19 pandemic, the examination faced postponements and was eventually conducted on October 4, …
The judiciary is the third organ of the government and it has the function of interpreting the laws and to declare any law as unconstitutional. Judicial Review is a power given to the Supreme Court or high court to check that if any law is inconsistent with the provisions of the Constitution, then such law …
JUDICIAL REVIEW AND ITS IMPACT ON CONSTITUTIONAL INTERPRETATION Read More »
A recent P.I.L. in the Supreme Court seeking the inclusion of the Chief Justice of India to the election panel of the members of the Election Commission of India has started yet another debate on the doctrine of separation of power and themes such as independence of the Election Commission from the executive. This paper …
The case titled “Tata Consultancy Services Limited versus Cyrus Investments Pvt. Ltd. and Others”is a significant legal milestone in the dynamically evolving Indian corporate legal jurisprudence. This High-stakes litigation deals with various issues concerning the corporate governance framework, of which the issue concerning the balance between the rights of majority shareholders and the protection of …
Legal Provision: National Commission for Safat Karamchari Act, 1993; the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013; The Employment of Manual Scavengers and Constructions of Dry Latrines (Prohibition) Act, 1993 Bench: S. Ravindra Bhat and Aravind Kumar, JJ. Citation: 2023/INSC/950 | MANU/SC/1183/2023 Counsels: For Petitioner ………………………………………………………….. Dr. …
A gift is something that is freely given to someone without expecting anything in return. In Islamic law, there is no distinction between personal and real property. In Muslim law, many scholars view Hiba as an absolute and unconditional transfer of title in an existing property that occurs instantaneously and without stipulation. Gifts are also …
“A STUDY ON THE LEGAL NOTION OF HIBA IN PRESENT TIME.” Read More »
This research paper explores the complex problems associated with international civil litigation, with a special emphasis on jurisdictional concerns in India. The importance of jurisdictional issues has increased in tandem with the acceleration of globalisation and the growth of international trade and litigation. The study examines the body of case law that regulates international litigation, …
Cross Border Civil Cases and Jurisdiction: Challenges and Complexities Read More »
The E-commerce platforms in the current era has tend to create a digital dominance in the market economy which in result has changed the entire dynamics of the conventional market practices along with it challenging the same. This paper tends to provide a critical analysis of the changing market dynamics of the countries after the …
This research investigates the surge in crime against women amid the COVID-19 pandemic, focusing on India and other countries. Beyond the evident global health threat, the pandemic has cast a grim shadow by intensifying gender-based violence. This abstract critically analyzes the connection between the pandemic and the escalation of such violence. The COVID-19[1] crisis has …
The Rise of Crime Against Women During Covid-19 ‘Shadow Pandemic’ Read More »
Bench: Chief Justice Ranjan Gogoi, Justice Sanjay Kishan Kaul, Justice K.M. Joseph Citation: Manohar Lal Sharma v. Narendra Damodardas Modi & Ors. W.P. (C) No.225 of 2018, Decided on: 14-12-2018 Petitioner: Manohar Lal Sharma (supported by other petitioners) Respondent: Narendra Damodardas Modi & Ors. (Union of India and other government officials) Court: Supreme Court of India Judgment Date: December 14, 2018 The Rafale Deal case, officially known as Manohar Lal …
Manohar Lal Sharma v. Narendra Damodardas Modi & Ors Read More »
In recent years, India has witnessed a remarkable transformation in its approach to IPR, moving from a predominantly agrarian economy to one that places a strong emphasis on innovation and creativity. This paper delves into the evolving landscape of IPR in India, discussing the key factors contributing to its growing importance, including legal reforms, …
INCREASING SIGNIFICANCE OF INTELLECTUAL PROPERTY RIGHT AND ITS TYPES IN INDIA Read More »
ACCOUNTABILITY IN INDIA Gaurav Chakrabarti, St. Xavier’s University, Kolkata “Like old clocks, our judicial institutions need to be oiled, wound up and set to true time.” –Lord Harry Woolf: Lord Chief Justice of England and Wales, June 2000 – October 2005 This paper delves into the concept and significance of judicial accountability within the Indian …
BALANCING JUSTICE: EXPLORING JUDICIAL ACCOUNTABILITY IN INDIA Read More »
Municipal Corporation of Greater Mumbai (MCGM) had initially entered into a contract dated 20th December, 2005 with the Seven Hills Healthcare (p) lmt (SHCL) over a land in the village Marol, Andheri, Mumbai. Under the contract it was agreed that the SHCL would develop the land and build a 1500 beds hospital. The MCGM had …
MUNICIPAL CORPORATION OF GREATER MUMBAI Vs ABHILASH LAL Read More »
Bench:- In the Amazon v. Future Retail case, there were two key benches involved: (He ruled in favor of Amazon, staying the FRL-Reliance transaction and upholding the emergency arbitrator’s award.) (They overturned the single judge’s decision, allowing the FRL-Reliance transaction to proceed and declaring the emergency arbitrator’s award unenforceable.) Facts of the Case: In 2019, …
In a world where private moments from medical records to passwords and DNA are on display of cyber threats has evolved beyond traditional hacking into an era where data is more valuable than precious metals This research embarks on a journey to reclaim our privacy and online safety amidst the ever expanding realm of technology. …
This study examines the ever-changing field of intellectual property rights (IPR) and the growing problem of internet piracy in India. The digital environment is expanding at a rate that presents previously unheard-of difficulties for intellectual property enforcement and protection. The research explores the legal frameworks that oversee intellectual property in India, highlighting the shortcomings and …
Intellectual Property Rights and Online Piracy in India Read More »
This case is a collection of significant cases that the Indian Supreme Court has heard in order to decide whether or not to grant those who identify as sexual or gender minorities in India the ability to marry and start a family. A five-judge Constitution Bench, which included 52 petitioners and considered 20 related petitions, …
SUPRIYO CHAKRABORTY AND ANR. VERSUS UNION OF INDIA. Read More »
In today’s world where the development of countries is drastic and all the countries are fighting for their own identity, technological development plays a major role in one country’s development and the digital economy is essential for such growth. Nowadays everyone in the country knows how to use technology which can be used for fair …
EVOLUTION AND ANALYSIS OF DIGITAL PERSONAL DATA PROTECTION ACT, 2023 Read More »
Reservation is provided for the upliftment of the backward classes by achieving social justice. There is always a debate in society regarding the reservation provided for some sections of people and even in the constitution it spoke about the concept of equality and reservations for SC, ST, OBC, and EWS.In this case, Neil Aurelio Nunes …
Neil Aurelio Nunes and Ors v. Union of India and Ors (2021) Read More »
In the constantly changing field of artificial intelligence (AI) and machine learning (ML), the difficulties and complications that emerge are as varied as the uses for these technologies. The necessity for a strong regulatory framework is becoming more and more obvious as these technologies develop at a rate never seen before. Investigating the complex regulatory …
This study explores the complex terrain of women’s access to abortion in India, looking at the interactions between societal, legal, medical, and financial factors. The literature study charts the development of abortion laws historically, highlighting advancements as well as ongoing implementation issues. The COVID-19 pandemic’s effects, gender dynamics, and health consequences all stand out as …
Interpretation of statutes is the key to our legal world. Interpretation is a process where the determination of law is done. In law, statutes are the main source of jurisdiction. It is a legislatively enacted law. All aspects of our legal system are regulated primarily by statutes. Statutory interpretation is an essential component of the …
THE ROLE OF JUDGES IN THE INTERPRETATION OF STATUES Read More »
A minor contract is void ab initio which cannot be enforceable. The digital age has expanded the chances and risks for kids to engage in contractual transactions, often without their parent’s or guardian’s knowledge or agreement. This raises concerns regarding the legality, enforceability, and repercussions of such contracts, as well as the need for legal …
CONTRACTS WITH MINORS: LEGAL CHALLENGES IN THE DIGITAL AGE Read More »
Famously regarded as the “Universally oldest profession”, prostitution has proved to bring to light many viewpoints and questions in the minds of political thinkers and policymakers of not only India but the world. The question on the recognition of prostitution as a profession, further sparked controversies since they were so against both the moral aspect …
Prostitutes as Citizens – Challenging the Old Narratives Read More »
This research paper conducts a thorough examination of the intricate challenges posed by cybercrime in India and analyses the strategic responses implemented by the government, law enforcement agencies, and private entities. As India undergoes rapid digitization across diverse sectors, the escalation of cybercrime incidents, spanning financial frauds to data breaches, has become a pressing concern. …
Navigating the Complexities of Addressing Cybercrime Challenges in India Read More »
2. ISSUES RAISED The lifestyle of those in this industry was now a factor in the problem, in addition to the murder. To address the concerns, a panel on constitutional law was also established in 2011. Mr. Jayant Bhushan, senior attorney, Mr. Pradip Ghosh, etc. were on the panel. Among the problems are: 3. CONTENTIONS …
The criminal special leave petition filed by Paramvir Singh Saini brought attention toallegations of police torture during his arrest and detention in Punjab. Seeking to address thebroader issue of custodial violence and protect the rights of the accused, the petitioneradvocated for mandatory CCTV camera installations in all police stations and investigativeagencies. Responding to the gravity …
An inheritance tax, also known as an estate tax or death duty in some regions, is a tax imposed by the government on the assets and wealth that are transferred from a deceased person to their heirs or beneficiaries upon their death. In essence, it is a tax on the right to inherit property or …
This article provides an in-depth analysis of the Mediation Act, 2023, tracing its origins, and outlining its key provisions. The primary objectives of the Act include enforcing mediated settlement agreements, regulating mediator standards, promoting various forms of mediation, ensuring confidentiality, and expanding access to justice. Although the Act brings about several positive changes, it also …
Public Interest Litigation means any law action brought about by an individual, a group of individuals, or an organization, not directly involved in a case, to initiate legal action in public interest. Under the mechanism, any individual who believes that a matter concerning the welfare of the general public requires attention, can approach the Supreme …
CONCEPT AND EVOLUTION OF PUBLIC INTEREST LITIGATION THROUGH RELEVANT CASE LAWS Read More »
This research paper aims to envisage the concept and provisions of the newly enacted legislation of the Digital Personal Data Protection, 2023. This act was enacted on 11th August 2023. The contents of this act have been in deliberations and debates for approximately the past 4-5 years, and have been tweaked and modified. Finally after …
“A murderer kills the body but the rapist kills the soul”. -Justice Krishna Iyer In this paper, we will look into the struggles men faced by women in society. This paper speaks about the ignored and neglected topic by the society. Adam-teasing is parallel to eve-teasing where men are being harassed by women. This topic …
Court Supreme Court of India Judges Justice N.V. Ramana, Justice B.R. Gavai and Justice Subhash Reddy Citation AIR 2020 SC 1308 Case No Writ Petition (Civil) No. 1031 of 2019 Case Type Writ Petition Petitioner Anuradha Bhasin and Ors. Respondent Union of India and Ors. FACTS OF THE CASE: ISSUES RAISED Issue 1: Whether the freedom of speech …
Transfer Petition (Civil) No. 1118 of 2014 Court The Supreme Court of India Judges Sanjay Kishan Kaul, Sanjiv Khanna, Abhay S. Oka, Vikram Nath, J.K. Maheshwari. Petitioner Ms. Shilpa Sailesh Respondent Mr. Varun Shrineevasan FACTS OF THE CASE ISSUES RAISED IN THE CASE: The key issues presented before the Hon’ble Bench for consideration were: CONTENTIONS …
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 …
Chief Information Officer v. High Court of Gujarat and Anrs., 2020 Read More »
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 …
MASTER PRABHNOOR SINGH VIRDI v. THE INDIAN SCHOOL & ANR. Read More »
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 …
Evolution of Article 370: From the Instrument of Accession to Abrogation and Beyond Read More »
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 …
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 …
DIGITAL PERSONAL DATA PROTECTION (DPDP) ACT, 2023:Impact on Businesses and Industries Read More »
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 …
An analysis of consent in relation to rape laws in India Read More »
This appeal resulted from a dowry harassment case in which the plaintiff had filed a first information report under Sections 498A, 323, and 354 of the Indian Penal Code, 1860, against her husband and his brother. The trial court had directed the appellants and the children to “give blood samples to a specified hospital for …
In recent years, India has been elevated to the status of a successful target for global investment. The Indian economy is being fuelled by its enormous labour force, powerful wealth, and unexplored resources. Since India opened the gates to the world market, many foreign based enterprises have been aggressively eager to make investments into the …
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● …