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 …
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 …
Biopiracy and Legal Safeguard of Intellectual Properties Read More »
OVERVIEW OF THE CASE Case Name B,K Pavitra v. Union Of India Civil Case No. 2368 of 2011 Appellant B.K Pavitra and Ors. Respondent The State of Karnataka and SC,ST Engineer’s welfare association and The Union Of India, Cases referred Indra Sawhney v. Union of India 1992M.Nagraj v. Union Of India 2006Jarnail Singh v. Lacchmi …
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 …
From Bytes to Bias: Addressing Gender Inequality in Artificial Intelligence Systems Read More »
Abstract We are living in a digital age where we are surrounded by digital data. Majority of the worldwide population is living online and using the Internet. The Internet seems to be good in terms of resources but there is also a threat over this platform in terms of data privacy. But what will change …
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 …
M SIDDIQ (D) THR LRS. VS MAHANT SURESH DAS & ORS. Read More »
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 …
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 …
Foreign lawyers and firms: the concluding push of the global village in India Read More »
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 …
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. …
Evolution of cybercrime in current times and its impact. Read More »
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 …
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, …
DIGITAL PROTECTION OF PERSONAL INFORMATION LAWS AND ITS DEVELOPMENT IN INDIA. Read More »
NAME Vinod Dua v. Union Of India CITATION WRIT PETITION (CRL.) NO.154 OF 2020 BENCH Uday Umesh Lalit, Vineet Saran PETITIONERS Vinod Dua RESPONDENTS UOI & Ors. FACTS OF THE CASE: ISSUES RAISED ARGUMENTS ADVANCED ON BEHALF OF THE PETITIONER ARGUMENTS ADVANCED ON BEHALF OF THE RESPONDENTS RATIONALE INFERENCE The Supreme Court issued the …
ABSTRACT: A trade secret refers to confidential information which is known to only a limited number of people. Such a type of information is commercially valuable and can be sold or licensed. A trade secret is that information which is not made available in the public domain and one is not allowed to use it …
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 …
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 …
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 …
Intellectual Property Rights Protection In The Digital Age Read More »
INTRODUCTION The case of “Ruchika Girhotra v. SPS Rathore” is a significant legal matter in India, officially cited as “Ruchika Girhotra v. SPS Rathore (2009) 5 SCC 539.” The parties involved in this case were Ruchika Girhotra, the victim, and SPS Rathore, the respondent. The judgment was delivered by a bench of the Supreme Court …
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 …
Deep fake videos, images storming internet: What laws can come to your rescue? Read More »
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 …
“Navigating the Legal Frontiers of Virtual Fashion and Virtual Fashion Influencers” Read More »
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, …
Case Commentary: Prashant Bhushan, In re (Contempt Matter), (2021) 3 SCC 160 Read More »
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 …
Legal Implications and Regulatory Measures for AI Integration in the Indian Legal System Read More »
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 …
THE PRESENT AND FUTURE OF PERMANENT ESTABLISHMENT Read More »
BENCH : CJI D.Y. Chandrachud , J. S.K. Kaul , J. Ravindra Bhat , J. HIMA KHOLI & J. P.S. Narasimha . CITATION : W.P.(C) No. 1011 /2022 Diary No. 36593/2022 . PETITIONERS : SUPRIYO CHAKRABORTY, ABHAY DANG, PARTH PHIROZE MEHROTRA, UDAY RAJ ANAND. RESPONDENT : UNION OF INDIA . FACTS OF THE CASE This …
Supriyo @ Supriya Chakraborty & Anr. v Union of India Read More »
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 …
Digital Privacy and Data Protection Laws in India Read More »
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 …
Regulation of AI (Artificial Intelligence) in contemporary world Read More »
WP (CIVIL) NO.1031 OF 2019 AIR 2020 SC 1308 Facts : The Indian territory of Jammu and Kashmir, which borders Pakistan, has been the focus of an ongoing conflict between the two nations for many years. The territory had its own constitution, special status under Article 370[1]of the Indian Constitution, and property ownership by Indian …
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 …
The Rise of Gig Economy from a global perspective – Impact and Related laws in India Read More »
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 …
Development of Mediation in light of Mediation Act, 2023. Read More »
FACTS This is the murder case of sex worker Shrimati Chhayai Rani Pal alias Buri (45) by accused Budhadev Karmaskar. The incident occurred on September 17, 1999, at around 9: pm. Inside a three-storey building on Jogen Duta Lane, Calcutta’s red-light district. Mrs Buri was a resident of the building.[1] This time, cases involving sex …
Budhadev Karmaskar v. State of West Bengal and Others Read More »
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 …
A STUDY ON LEGITIMACY OF ONLINE BETTING OR GAMBLING Read More »
ABSTRACT: Throughout recorded history, marijuana has been utilized and is intimately linked to ancient civilizations. Indian culture has long been associated with the use of marijuana and other cannabis derivatives, such as bhang, dating back hundreds of years. In Indian society, marijuana usage has seldom been viewed as aberrant social behaviour, it is commonly used …
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 …
CASE COMMENTARY ON K.C CINEMA V. STATE OF JAMMU & KASHMIR Read More »
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, …
Date of Judgement – 19 May, 2023 Bench – Sanjay Kishan Kaul, Ahsanuddin Amanullah, Prashant Kumar Mishra Petitioner – Mansi Khatri Respondent – Gaurav Khatri Case No.- Transfer Petition (Civil) No. 1595 OF 2022 Facts of the case In the above mentioned case both the parties were married on 12.12.16 and then separated on 29.10.22 …
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 …
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 …
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, …
Status and Scope of Prenuptial Agreements in India and their Global Significance Read More »
ABSTRACT: With the emerging technology, concerns about the misuse of data and its transfer have also grown. The highlighting issue is the privacy which is associated with this data. We all possess endless amounts of data in our devices; therefore, it has become essential to protect the misuse of it. The data is also essential …
DATA LOCALISATION AND CROSS-BORDER DATA TRANSFER Read More »
Court Supreme Court of India Citation 2022 SCC Online SC 1494 Date of the Case 31st October 2023 Bench Justice D.Y Chandrachud and Justice Hima Kohli Appellant The State of Jharkhand Respondent Shailendra Kumar Rai@ Pandav Rai FACTS OF THE CASE: The facts of the case indicate that the respondent was accused of raping a …
CASE COMMENTARY ON STATE OF JHARKHAND v. SHAILENDRA KUMAR RAI Read More »
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 …
The psychology of white collar crime: Why do people commit these crimes? Read More »
INTRODUCTION The ongoing case Bachan Singh v. State of Punjab has become a contentious one concerning the death sentence. Following the adoption of the constitution, a number of legislative efforts addressing the practicality and legitimacy of the death sentence were introduced. The Criminal Procedure Code was modified in 1973 to need “special reasons” in order …
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 …
Tomorrow Sales Agency Pvt Ltd v SBS Holdings Inc. and Ors Read More »
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 …
Provisional Measures: Navigating the Complexities of International Arbitration Read More »
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 …
EXPOSING THE DANGER OF DEEP FAKES: A LEGAL OVERVIEW Read More »
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 …
THE REALM OF ‘PROTECTION’ UNDER DIGITAL PERSONAL DATA PROTECTION ACT, 2023 Read More »
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 …
CASE COMMENTARY ON KVR INDUSTRIES PVT LTD V. PP BAFNA VENTURES PVT LTD Read More »
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 …
CASE COMMENTARY ON GOVT. OF NCT OF DELHI v. UNION OF INDIA (2023) Read More »
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 …
Case Commentary of S.D. Containers v. Mold-Tek Packaging Ltd. Read More »
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 …
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. …
Case Commentary on Anversinh @ Kiransinh Fatesinh ZALA.Vs. State of Gujarat Read More »
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 …
CASE COMMENT ON SUBHASH DESAI V. PRINCIPAL SECRETARY, GOVERNOR OF MAHARASHTRA & [1] ORS. Read More »
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 …
CASE COMMENTARY ON STATE OF GUJARAT & ORS. V. DR. PA BHATT & ORS. (2023) Read More »
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 …
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 …
Development Into Installation of CCTV Camera In Police Station. Read More »
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 …
Defamation laws in the age of social media: Impact and Consequence Read More »
Case No.: Criminal Appeal Nos. 17351736 Satbir Singh Case : Supreme Court Guidelines for trial in dowry death cases, (banerji, 2021) FACTS OF THE CASE The appellant was found guilty of violating sections 304-B and 306 of IPC by the trial Court in an order dated on 11.12.1997. Under section 304-B of IPC they were given 7 …
Wrongful convictions refer to cases where an innocent person is convicted and punished for a crime he did not commit. Although there have been many instances where the convictions are slid through being wrongfully convicted ones, there is no specific legislation that could offer any remedy for convictions. Without any legal framework, those who have …
Abstract Tort law, from the very nascent stages, has been proven to be serving mankind. Tort law provides us with the remedy that generally we need the most and that is monetary compensation. Tort arises when a person owes a duty of care and consequently, the person breaches the duty of care and causes a …
AIR (2019) 4 SCC 17 Introduction: Citation AIR (2019) 4 SCC 17 Date of Judgment 25 January, 2019 Court Supreme Court of India Petitioner Swiss Ribbons Pvt. Ltd. Respondent Union of India Facts: The Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the “Code”) is a comprehensive Bankruptcy law …
This study will focus on the following topics: India’s reservation history; the necessity and significance of reservation; constitutional amendments; significant rulings and precedents; the application of separation of powers (judicial, executive, and legislative) in the implementation of reservation policies for the oppressed classes of society; and how, in 2023, reservation has become a central issue, …
RESERVATION, NUISANCE POLITICS AND OVERRIDING EEFECTS ON ELECTION Read More »
ABSTRACT This research paper delves into the dynamic interplay between technology and intellectual property rights, exploring the profound impact of technological advancements on the creation, protection, and enforcement of intellectual property. In an era characterized by rapid innovation, the study investigates the transformative influence of technologies such as artificial intelligence, blockchain, and the Internet of …
THE ROLE OF TECHNOLOGY IN SHAPING INTELLECTUAL PROPERTY LAWS Read More »
ABSTRACT It was in 2018, when people belonging to LGBTQ community got a major relief as it was declared that consensual sexual acts between two homosexual individuals is not a crime. Despite this the stereotypical mindset of the society could not be changed. People belonging to LGBTQ community have been treated different from other. They …
THE STATUS OF LGBTQ+ PEOPLE IN INDIA: A SOCIO-LEGAL EXAMINATION Read More »
Abstract This research paper explores relationship between privacy, protection of privacy and dark patterns in the context of India’s dynamic digital landscape, in starting the foundational concept of the “Right to be left alone” is explained then the value of data is explained through the words of Pavel Durov, founder of VK and creator of …
Shining a Light on the DPDP Act: Battling Dark Patterns and Amplifying Transparency Read More »