Publications

Case commentary on Satvinder Singh Saluja and others v State of Bihar

NAME OF CASE: Satvinder Singh Saluja and Others V State of Bihar[1] CITATION: AIR (2019) 7 SCC 89 DATE OF JUDGEMENT: 01 /07/2019 APPELLANTS: Satvinder Singh Saluja and Others RESPONDENT: State Of Bihar BENCH/JUDGE: K Joseph and A Bhushan LEGAL PROVISIONS: Constitution Of India, Bihar Excise (Amendment) Act, 2016, Bihar Prohibition and Excise Act, 2016. …

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CASE COMMENTARY

Supriyo @ Supriya Chakraborty & Anr.                                       … Petitioners Versus Union of India                                                                              … Respondent Writ Petition (Civil) No. 1011 of 2022 FACTUAL MATRIX On 14th November 2022, writ petitions were filed before the Hon’ble Supreme Court by two same-sex couples (hereinafter referred to as “Petitioners”) seeking legal recognition of same-sex marriages in India. These petitions …

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CASE: Supriyo @ Supriya Chakraborty & Anr. Vs Union of India

CITATION: Writ Petition (Civil) No. 1011 of 2022 Date of Judgment: October 17, 2023 PETITIONERS: Supriyo @ Supriya Chakraborty & Anr. Respondent: Union of India BENCH: CJI D.Y. Chandrachud, J. S.K. Kaul, J. Ravindra Bhat, J. Hima Kohli & J. P.S. Narasimha LEGAL PROVISIONS: Articles 14, 15, 19, 21, and 25 of the Indian Constitution, …

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 KERALA UNION OF WORKING JOURNALISTS Vs. UNION OF INDIA & ORS

COURT NAME:  IN SUPREME COURT OF INDIA JURISDICTION:  CRIMINAL ORIGINAL JURISDICTION APPEAL NO:   WRIT PETITION(criminal) no(s). 307 of 2020 APPELLANT:   Kerala Union of Working Journalists RESPONDENT:   Uttar Pradesh Government JUDGE/ BENCH:   Former CJI N.V.Ramana, Justice A.S. Bopanna, Justice Surya Kant DATE OF JUDGEMENT:   28 April, 2021 SUBJECT MATTER:   Habeas Corpus Petition STATUES/ CONSTITUTION INVOLVED:   Indian …

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Satish Chander Ahuja V. Sneha Ahuja AIR 2020, SC 2483.

Case No.: CIVIL APPEAL NO.2483 of 2020 (Arising out of SLP(C)No.1048 of 2020) Date of Judgement: 15 October 2020 Petitioner: SATISH CHANDER AHUJA Respondent: SNEHA AHUJA Bench: Ashok Bhushan, R. Subhash Reddy, M.R. Shah FACTS Important questions pertaining to Domestic violence were raised in the case Satish Chander Ahuja V. Sneha Ahuja AIR 2020, SC …

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CASE COMMENT – JANHIT ABHIYAN VS. UNION OF INDIA

Citation – MANU/SC/1449/2022 By – Krish Vikram, 1st Year Law Student, Symbiosis Law School Pune FACTS In the current situation, the government of India approved the 103rd Constitutional Amendment Act, 2019, which allowed 10% reservations to economically disadvantaged groups of society. It should also be highlighted that the constitution only allows for reservations based on …

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The Chief Election Commissioner of India v. Mr. Vijayabhaskar

Court: Supreme Court of India                                                          Judges: Justice D. Y. Chandrachud and Justice M. R. Shah Date of Final Judgment: 6th May 2021 Facts Issues Raised Should the media be restricted from reporting oral remarks made during judicial proceedings? Oral remarks made by the Madras High Court during the hearing. Madras High Court was not able …

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VIJAY MADANLAL CHOUDHARYV. UNION OF INDIA

SPECIAL LEAVE PETITION (CRIMINAL) NO. 4634 OF 2014 VIJAY MADANLAL CHOUDHARY & ORS. …PETITIONER(S) VERSUS UNION OF INDIA & ORS. …RESPONDENT(S) Date of Judgement: 27th July 2022                            ……J. (A.M. Khanwilkar) ……J. (Dinesh Maheshwari) ……J. (C.T. Ravikumar) Since the constitutionality of multiple PMLA sections was contested, there is no gainsaying that the ruling rendered by the SC …

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Biopiracy and Legal Safeguard of Intellectual Properties

Abstract: The issue of biopiracy revolves around the exploitation of indigenous knowledge and resources without equitable compensation, presents a pressing challenge. This paper digs into legal, ethical, regulatory frameworks and national legislations, to confront this matter. It underscores the necessity of preserving indigenous heritage and biodiversity, suggesting enhanced patent regulations and amplified community engagement as …

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From Bytes to Bias: Addressing Gender Inequality in Artificial Intelligence Systems

Abstract This paper assesses whether the Indian Law sufficiently captures the gender bias in AI and efficiently governs it. It also analyses the current Indian laws and the need for proper legislations on AI. To end this trend of gender biases in AI systems, the direct and indirect impact of gender bias in AI will …

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M SIDDIQ (D) THR LRS. VS MAHANT SURESH DAS & ORS.

Equivalent Citation: (2020) 1 SCC 1 Date of Judgement: November 9, 2019. Court: Supreme Court. Case Number: 10866-10867 of 2010. Case Type: Civil Appeal. Petitioner: M Siddiq (deceased). Respondent: Mahant Suresh Das & Ors. Bench: Ranjan Gogoi, D.Y.Chandrachud, S.A.Bobde, S.A.Nazeer, Ashok Bhushan. Common Name: Ayodhya Land Dispute Case, Ram Janam Bhoomi Case Or Ram Mandir …

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ANALYSING DNA AS AN EVIDENCE IN CRIMINAL JUSTICE SYSTEM REGARDING CRIMINAL PROCEDURE(IDENTIFICATION) ACT, 2022

ABSTRACT As the saying goes JUSTICE DELAYED IS JUSTICE DENIED but does that imply that only justice, regardless of whether it is just to the proper person, should be served? Prior to discussing and analysing the process, let’s clarify; what JUSTICE is? Justice is an ethical, philosophical, intellectual, rational, moral and legal idea through which …

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Foreign lawyers and firms: the concluding push of the global village in India

Abstract A lawyer is person who has a degree or has been certified by government of educational institutes who work in legal field whereas an advocate is someone who has a license to practice law in front of court of law to represent their client. The advocate may appear as defendant or prosecutor on behalf …

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ANOOP BARANWAL v. UNION OF INDIA, 2023

DATE: March 2, 2023 PETITIONER: Anoop Baranwal RESPONDENT: Union of India BENCH: Justice K.M. Joseph (headed the bench), Justice Ajay Rastogi, Justice Aniruddha Bose, Justice Hrishikesh Roy and Justice C.T. Ravikumar. CASE NUMBER: WP(C) 104/2015 LEGAL PROVISIONS: The Constitution of India (fundamental rights, Article 324, Article 142 and Article 248) and the Election Commission (Conditions …

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Evolution of cybercrime in current times and its impact.

Abstract The Merriam-Webster dictionary defines “cyber” as something relating to or involving computers or computer networks such as the Internet. The 21st-century world is at a stage where everything is cyber, meaning the lives of individuals revolve around computers and their networks. This technological advancement is certainly a massive step towards human growth and development. …

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lady justice, legal, law

Consumer Protection in the Digital Age: Analyzing Legal Frameworks Safeguarding Consumers in the Sharing Economy.

Abstract This research paper is about understanding the rules in India that protect consumers in the sharing economy when using technology. The sharing economy has become more popular because there are websites and apps that make it easier for people to share their belongings. This can be good and bad for customers. This paper talks …

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corona, coronavirus, mask

DIGITAL PROTECTION OF PERSONAL INFORMATION LAWS AND ITS DEVELOPMENT IN INDIA.

ABSTRACT: Lately the concept of Data Protection has become a concerning topic, advocating for the protection of personal information and individuals privacy. With the development of  technology and availability of social media and digital means, every work and  every service is now rendered through online mode. While it has been a boon to the netizens, …

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IMAPCT OF TORT LAW

ABSTRACT: This article examines impact of tort on workplace safety using an empirical analysis of the United States. The analysis focuses on the impact of tort laws on injury rates and injury severity across industries and regions. The results show that legislation has a significant and positive impact on occupational safety, reducing the number and …

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judge, hammer, auction hammer

Effort Of International Community in Reducing Emissions From Deforestation And Effect On Climate Change – Legal Perspective

Abstract The international community’s attempts to include initiatives for Reducing Emissions from Deforestation and Degradation in the international legal framework controlling climate change are examined in this article. At the Thirteenth Conference of the Parties to the United Nations Framework Convention on Climate Change (COP 13), which took place in Bali in December 2007, such …

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Intellectual Property Rights Protection In The Digital Age

ABSTRACT Intellectual property refers to the ownership of intangible goods. This includes ideas, designs, symbols, writings and creations. It also refers to digital media such as audio and video clips that can be downloaded online. Since intellectual property is intangible, if it is stolen, it may be difficult to recover. Say for example, a person …

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Deep fake videos, images storming internet: What laws can come to your rescue?

Abstract: Allowing attention – grabbing deep fakes that profit from the male gaze generates higher advertisement revenues for platforms by driving up engagement and harming  vulnerable users .  Apart from causing economic , physical, and  or psychological harm to victims it restrict their right to freedom of speech , forcing victims to shut down their …

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justice, right, legal

“Navigating the Legal Frontiers of Virtual Fashion and Virtual Fashion Influencers”

Abstract: The fast advancement of technology has resulted in remarkable advances in a variety of industries, and the fashion world is no exception. The boundaries between the actual and virtual worlds have become increasingly hazy in the fashion business as a result of the rise of virtual influencers and the expansion of digital fashion. This …

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Case Commentary: Prashant Bhushan, In re (Contempt Matter), (2021) 3 SCC 160

INTRODUCTION: Contempt of court is defined as deliberate disobedience of any order, judgement, or verdict issued by the court, as well as making derogatory words about any court that may harm its reputation. The courts have been granted the authority to punish individuals for contempt of court in order to guarantee that the rulings, orders, …

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Legal Implications and Regulatory Measures for AI Integration in the Indian Legal System

ABSTRACT This research examines the legal implications and regulatory initiatives of integration of artificial intelligence into the Indian legal framework. It examines India’s current legal system and regulatory ingenuity with a focus on the Personal Data Protection Act (PDPB). and the importance of ethical guidelines and best practices. The article also discusses case studies on …

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THE PRESENT AND FUTURE OF PERMANENT ESTABLISHMENT

Abstract Businesses are changing their company operations by implementing new technologies and solutions to penetrate new markets and establish their presence in the global market in this quickly evolving business climate where the entire world is one global village for business operations. With the onset of globalization, significant technology advancements have made it possible for …

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cyber, security, internet

Digital Privacy and Data Protection Laws in India

ABSTRACT In the era of unprecedented technological advancements, the imperative of digital privacy and data protection has surged, paralleling our increasing reliance on digital platforms. This research navigates the intricate landscape of India’s digital privacy, scrutinizing the efficacy of existing legal frameworks in addressing the evolving challenges. The central inquiry probes the effectiveness of these …

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email, keyboard, computer

Regulation of AI (Artificial Intelligence) in contemporary world

Abstract Artificial Intelligence[1], or AI, means making machines think like humans. It’s when computers can do smart things, like understanding language, recognizing speech, or even seeing and understanding pictures. For examples Smart Assistants like Siri, Alexa and Google Assistant; Chatbots like ChatGPT, Bard; Self-driving cars, stc. AI works by using a lot of information and …

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The Rise of Gig Economy from a global perspective – Impact and Related laws in India

Abstract This article looks at the crucial role that stakeholders play in the gig economy and emphasizes the ways in which a number of factors influence the expansion and gig economy’s significance in India and in the worldwide context. India is a developing country . The gig economy is built on creative thinking and has …

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justice, law, symbol

Development of Mediation in light of Mediation Act, 2023.

Abstract In the context of the Mediation Act 2023, this research paper examines the major rise and growth of mediation as an alternative method for arbitration in India. The research stares at the way mediation practices have evolved throughout the years in India, highlighting major legislative and policy changes that have led to mediation becoming more commonplace. It …

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justice, law, court

A STUDY ON LEGITIMACY OF ONLINE BETTING OR GAMBLING

ABSTRACT Online gaming has become a major source of entertainment and a growing industry worldwide as well a being used for earning high amount of money . However, the taxation of online gaming remains a complex and controversial issue. This thesis examines the current state of online gaming taxation and analyzes the different tax regimes …

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CASE COMMENTARY ON K.C CINEMA V. STATE OF JAMMU & KASHMIR

Court – Supreme Court of India Citation- 2022 SCC Online SC 1494 Date of case:  23 Jan 2023 Case no : C.A No –000077-000077/ 2023 Bench: Justice D.Y. Chandrachud and Justice PS Narshimha Petitioner’s advocate : Abhinav Shrivastava Respondent’s advocate: Aditya Sharma Judgement by : Honourable CJI . ABSTRACT FACTS OF THE CASE:  ISSUE RAISED …

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justice, right, legal

Analyzing the Criminal Procedure (Identification) Act , 2022 : It’s role in the life of Prisoners

Abstract India’s parliament has passed the Criminal Procedure (Identification) Act of 2022 following a lengthy debate. Legislation is being introduced to rescind the 1920 Identification of Prisoners Act, which permitted the use of identification and investigative methods on detainees. The 2022 Act’s expanded definition of measurements includes iris and retina scans, behavioural traits like handwriting, …

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hammer, books, law

BUDHADEV KARMASKAR V. STATE OF WEST BENGAL 2022

                Citation: Criminal Appeal No(s). 135/2010                Bench/Judge: Justices L. Nageswara Rao, B.R.Gavai and A.S. Bopanna INTRODUCTION The important ruling on the rights of sex workers is Budhadev Karmaskar v. State of West Bengal. discusses their profession’s respect and dignity in accordance with Article 21 of the Indian Constitution. The Supreme Court issued guidelines in …

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case-law, lady justice, justice

Social and Psychological effects on couples and society when Live-in relationship are legalized and drafted.

ABSTRACT In a country like India, a democratic system must uphold respect for human rights. Everyone is free to choose the partner with whom they wish to share their life and get married in order to start a family. The current situation regarding live-in relationships will cause issues such as bigamy and multiple-partner relationships, which …

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Status and Scope of Prenuptial Agreements in India and their Global Significance

Abstract “A prenuptial agreement, often referred to as a prenup or a premarital agreement, is a legally binding contract entered into by a couple before they get married or enter into a civil partnership. This agreement outlines how the couple’s assets, debts, and other financial matters will be handled in the event of a divorce, …

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The psychology of white collar crime: Why do people commit these crimes?

ABSTRACT  The paper explores the strange world of white-collar crime, focusing on its psychological  foundations and landmark case studies. It also examines the growth of white-collar crime in  India, comparing it to the American context. The affluent commit crimes in an environment  of weak government while frequently avoiding detection because of drawn-out court fights.  These …

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Tomorrow Sales Agency Pvt Ltd v SBS Holdings Inc. and Ors

FAO (OS) (Comm)59/ 2023 and CM Nos 14793/ 2023 & 14794/ 2023 Facts On 20th December 2018, Tomorrow Sales Agency Pvt Ltd (TSA) had entered a ‘Bespoke funding agreement’ (BFA) to fund the arbitral proceedings of Anant K. Choudhary, Vivek Shula, SBS Transpole Logistics Private Limited and Pravin Chandra Rai(hereinafter ‘the claimants) against SBS and …

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Provisional Measures: Navigating the Complexities of International Arbitration

­Abstract International arbitration encompasses disputes between state and non-state entities that enter a cross-border agreement. The contract may contain an indication of the intention of the parties to refer their disputes to arbitration, wherein the decision shall be binding. However, similar to litigation disputes, a situation may arise that puts the Parties’ interests at certain …

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EXPOSING THE DANGER OF DEEP FAKES: A LEGAL OVERVIEW

ABSTRACT: AI-generated altered media, or “deep fakes,” are becoming a bigger menace to people, businesses, and society as a whole. This research paper offers a thorough legal study of the deep fake phenomena, emphasizing the dangers they pose for disinformation, security, and privacy. We review the current legal frameworks and suggest legislative and technical measures …

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THE REALM OF ‘PROTECTION’ UNDER DIGITAL PERSONAL DATA PROTECTION ACT, 2023

ABSTRACT- A significant turning point in the field of data protection is the Digital Personal Data Protection Act, 2023, which addresses the growing difficulties brought on by the quick digitalization of personal data. This study conducts a thorough analysis of the Act’s provisions, highlighting its importance in protecting personal privacy and governing the actions of …

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business, technology, city

CASE COMMENTARY ON KVR INDUSTRIES PVT LTD V. PP BAFNA VENTURES PVT LTD

For Appellant: Mr. Yogesh Kumar Jagia, Mr. Vikram Pooserla Mr. Aahana Madhyala, Advocates. For Respondent: Mr. S. Niranjan Reddy, Sr. Advocate with Ms. Malvika Kalra, Mr. Pranav Sarthi Ms. Divya Datla Raju, Advocates. Bench J. Amaravati Bench Court National Company Law Tribunal, Amaravati Bench Case Number: CP(IB)/204/7/AMR/2019 Date Of Judgement: 12.02.2020 FACTS OF THE CASE: ISSUES …

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CASE COMMENTARY ON GOVT. OF NCT OF DELHI v. UNION OF INDIA (2023)

Date of Judgment May 11, 2023, Petitioner’s Name Government of NCT of Delhi (National Capital Territory of Delhi) Respondent’s Name Union of India Citation 2023 SCC OnLine SC 606 Court Supreme Court of India Bench Chief Justice D.Y. Chandrachud, Justice PS Narasimha, Justice Hima Kohli, Justice Krishna Murari, Justice M.R. Shah Law Involved Article 239 …

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Case Commentary of S.D. Containers v. Mold-Tek Packaging Ltd.

Facts The plaintiff, in this case, filed a suit against the appellant-defendant seeking for and pleading immediate declaration, order and permanent injunction to restrict the appellant-defendant from copying, using or enabling others to use its designs in which the appellant-defendant sought cancellation of the said registered designs. In a gist, the appellant-defendant wanted to seek …

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X Vs. THE PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF NCT OF DELHI AND ANR.

CITATION –   2022 SCC OnLine 1321 DATE OF JUDGEMENT 29 SEPTEMBER 2022 CASE NUMBER – Civil Appeal No. 5802 of 2022 arising out of S.L.P. (C) No. 12612 of 2022    JURISDICTION – Appellate Jurisdiction of the Supreme Court of India PETITIONER – Mrs. X   RESPONDENT – The Principal Secretary, Health and Family …

X Vs. THE PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF NCT OF DELHI AND ANR. Read More »

Case Commentary on Anversinh @ Kiransinh Fatesinh ZALA.Vs. State of Gujarat

Citation: 2021 SCC Online 19 Appeal: Criminal Appeal 1919 of 2010 Decided on: 12th January, 2021 Bench: N.V. Ramana, Surya Kant, Aniruddha Bose Brief Facts of the Case: Facts of the case: Proceedings: The accused approached the Supreme Court of India with an appeal to set aside the order of the High Court of Gujarat. …

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CASE COMMENT ON SUBHASH DESAI V.  PRINCIPAL SECRETARY, GOVERNOR OF MAHARASHTRA & [1] ORS.

CITATION AIR SC 1501 DATE OF JUDGMENT 11th MAY 2023 CASE NUMBER Writ Petition (C) No. 493 of 2022 PETITIONER Subhash Desai RESPONDENT Principal Secretary, Governor of Maharashtra & Ors. BENCH Dr. D.Y. Chandrachud (C.J), M.R. Shah, Krishna Murari, Hima Kohli and P.S. Narasimha JJ. FACTS OF THE CASE: ISSUES RAISED CONTENTION FROM BOTH THE PARTIES …

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CASE COMMENTARY ON STATE OF GUJARAT & ORS. V. DR. PA BHATT & ORS. (2023)

Date of Judgement April 26, 2023 Bench Justice V. Ramasubramanian and Justice Pankaj Mithal   Advocates representing the Appellant’s side Ms. Swati Ghildiyal and Ms. Aniruddha P. Mayee, Advocates   Advocates representing the Respondent’s side Rameshwar Prasad Goyal and Ms. Kusum Chaudhary, Advocates BACKGROUND OF THE CASE: The respondents in the present case are those …

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Paramvir Singh Saini vs Baljit Singh & Others

                                                  IN THE SUPREME COURT OF INDIA                                        CRIMINAL APPELLATE JURISDICTION                           SPECIAL LEAVE PETITION (CRIMINAL) NO.3543 of 2020 Facts: The case of Paramvir Singh Saini vs. Baljit Singh & Ors is a legal matter that revolves around the implementation of CCTV cameras, oversight committees, and directives issued by the Supreme Court in India. The …

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Development Into Installation of CCTV Camera In Police Station.

ABSTRACT In contemporary law enforcement, the integration of advanced technologies plays a pivotal role in augmenting the overall effectiveness of policing. This study explores the process of developing and installing closed-circuit television (CCTV) camera systems in police stations, aiming to enhance both security measures and operational efficiency. The primary objectives include deterring criminal activities, ensuring …

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Defamation laws in the age of social media: Impact and Consequence

ABSTRACT- The research paper focuses on the study of the increase in incidents of cyber defamation due to the quick development of digital communications and the widespread use of social media platforms. The legal framework for cyber defamation in India is examined in this research paper along with the effects and consequences on the freedom …

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