ABSTRACT India is 7th largest country in the world and one of the most bio diverse country.It is home to 91000 species of animals from asiatic lion to Bengal tiger. Term animal denotes any other being other than humans. So they are not mere things or objects or property. Humans exploited the animals for food, …
ABSTRACT The growing importance of indigenous communities’ traditional knowledge (TK), both in terms of economic value and role in biodiversity conservation, has led to multinational corporations and research organisations using this knowledge for commercial purposes without adequate compensation. Numerous cases of biopiracy have brought this issue to light, leading calls for the protection of TK …
Abstract In India, there are two types of taxes – Direct and Indirect taxes. Direct taxes are taxes that are directly paid by the individual/citizen of the country to the government. Example: Income Tax. Indirect taxes are taxes which is paid by the individual/citizen of the country to the government indirectly. Examples: VAT, CST, Excise …
Abstract In the contemporary political landscape, freebies encompass a wide array of policies and initiatives, such as government subsidies, welfare programs, tax incentives, and more, all designed to address pressing social and economic concerns. These offerings can serve as powerful tools for elected officials and political parties to secure public support and influence electoral outcomes. …
Freebies Against Constitutional Democracy: Challenges & Critiques Read More »
DATE OF JUDGEMENT: September 13,2023 APPELLANT: Javed Shaukat Ali Qureshi RESPONDENT: The State of Gujarat BENCH: Hon’ble Justice Abhay S. Oka and Hon’ble Justice Sanjay Karol CRIMINAL APPEAL NO: 1012 OF 2022 FACTS OF THE CASE: ISSUES RAISED One of those who was found guilty (appellant) appealed the conviction before the Supreme Court, challenging the …
Case: Javed Shaukat Ali Qureshi vs The State Of Gujarat Read More »
ABSTRACT Human tracking is not a recent crime; rather, it is an ancient activity that was formerly common in the form of “slavery” and was a recognized commercial practice. While the ancient form of slavery is no longer practiced, it lives on in the altered form of human trafficking, which is often referred to as …
The Impact of The Anti – Trafficking Bill, 2021 On Human Trafficking in India Read More »
FACTS OF THE CASE In the legal matter of Balram Garg v. Securities and Exchange Board of India[1] (SEBI), the litigation centred on allegations of insider trading[2] within the intricate framework of the Indian securities market. Central to this legal dispute were the pivotal figures of the Chairman and the Managing Director, holding positions of …
Citation: Writ Petition Civil No.576 of 2016 Date of Judgement: 17th January 2019 Name of Appellate: Indian Hotel and Restaurant Association (AHAR) Name of Respondent: The State of Maharashtra and Ors. Bench: Justice A. K. Sikri and Justice A. Bhushan Legal Provisions: Article 14, 15, 19(1)(a), 19(1)(g), 21; Section 2(8)(i), 6(4), 8(1), 8(4) of the …
Indian Hotel and Restaurant Association & Anr. V. The State of Maharashtra & Ors. Read More »
Abstract A merger is the combination of two separate companies into one, while an acquisition is where one company buys another and assumes decision-making control as the new owner. When a company is acquired by another company without board approval, the takeover becomes hostile. The target company is the company to be acquired and the …
Hostile Takeovers in India: Legal and Regulatory Framework Read More »
ABSTRACT- The Indian Penal Code (IPC), a product of British colonial rule, has endured for 160 years, but in the rapidly evolving landscape of the 21st century, its efficacy and relevance have been called into question. This research paper explores the pressing need for a comprehensive analysis and radical transformation of the IPC to address …
ABSTRACT The privileges provided to the members of Parliament and the members of the State Legislature enshrined under Articles 105 and 194 of the Constitution respectively are the requisite tools for ensuring a fearless and open expression on the pertaining matters in the house. These powers are classified broadly into two categories- to the members …
Parliamentary Privileges & Rights of a Non-Member: Delhi Assembly vs. Facebook Read More »
(Criminal appeal no.98 of 2021) [Arising out of Special Leave Petition (Crl.) No. 11616 of 2019] Facts: an unlawful act against a Professor in Kerala following the objectionable questions framed by him in B. Com examination. He was arrested by the National Investigation Agency (NIA) in 2015 since he was a member of Popular Front of India, a fundamentalist group under UAPA (Unlawful …
Abstract In India, the Bankruptcy and Insolvency Code, 2016 is a remarkable development in the field of law. Today, we frequently see companies and businesses go bankrupt and insolvent. This code was introduced for resolving the problems of Insolvency ultimately. This Code works like an umbrella which brought all insolvency laws under it and address …
ABSTRACT This research paper critically investigates the enormous effect of technology on human rights, with a particular emphasis on preserving the fundamental ideals of privacy and freedom in our modern digital age. As technology continues to grow at a rapid pace, it provides both enormous potential and complicated concerns to individuals’ basic liberties and rights …
CASE COMMENT FACTS Satish, the accused, lived in the same neighborhood as the 12-year-old girl, who is the prosecution’s witness. On December 14, 2016, around 11:30 a.m., the girl went out to pick guavas. She didn’t return for an extended period, prompting her mother, who is the informant, to search for her. A nearby resident …
SATISH S/O BANDU RAGDE VS STATE OF MAH., THR. P.S.O. … ON 19 JANUARY, 2021 Read More »
Equivalent Citations Digambar vs. the State of Maharashtra Date of Judgement 28th April 2023 Court Supreme Court of India Case No. 221-222 Case Type Appeal Appellant Digamber Respondent State of Maharashtra Bench Justice B.R.Gavai Legal Provisions Section 302,34 of the Indian Penal Code, BACKGROUND OF THE CASE Pooja (deceased) was in love with Govind (deceased) …
CASE COMMENT DATE OF THE CASE: 15th December, 2020 APPELLANT: Smt. S. Vanitha RESPONDENT: The Deputy Commissioner BENCH/JUDGES: Dr. Dhananjaya Y. Chandrachud (J), Indu Malhotra (J), Indira Banerjee (J) LEGAL PROVISIONS: Protection of Women from Domestic Violence Act, 2005 and The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 CIVIL APPEAL NO.: 3822/2020 …
SMT. S. VANITHA v. THE DEPUTY COMMISSIONER, BENGALURU, URBAN DISTRICT & ORS. Read More »
COURT: Supreme Court of India DATE OF DECISION: 13 November, 2019 CASE NO.: Civil Appeal no. 10044/2010 FACTS: ISSUE RAISED: CONTENTION The appellants made the following arguments: The respondent made the following claims: RATIONALE: The summary of judgment is as follows: On November 13, 2019, the Hon’ble Supreme Court dismissed the appeal and ruled in …
CENTRAL PUBLIC INFORMATION OFFICER, SUPREME COURT OF INDIA V. SUBHASH CHANDRA AGARWAL Read More »
ABSTRACT India, a multicultural and eclectic country, has debated whether to adopt a Uniform Civil Code (UCC) for its inhabitants for many years. This abstract gives a summary of the current debate concerning the introduction of a UCC in contemporary India. The goal of the Uniform Civil Code is to substitute a uniform, secular legal …
THE NEED FOR A UNIFORM CIVIL CODE IN MODERN INDIA Read More »
ABSTRACT In our India, people believe that Maa Annapurna is a goddess of food. So they offer prayers to her to get her blessings. We know that food, shelter, and clothing are the three basic needs of human beings. Food is one of the essential things for our livelihood. We require food daily. Our Indian …
A COMPREHENSIVE STUDY ON FOOD ADULTERATION LAWS IN INDIA AND LEGAL RIGHTS OF CONSUMERS Read More »
ABSTRACT- This research paper critically analyses the rights of prisoners within the legal framework of India. The paper delves into the multifaceted dimensions of prisoner rights, shedding light on constitutional guarantees. It offers an in-depth examination of the challenges prisoners face in accessing their rights, particularly within the context of overcrowding, inadequate facilities, and the …
RIGHTS OF PRISONERS AND LEGAL FRAMEWORK IN INDIA: A CRITICAL ANALYSIS Read More »
1. Abstract Conventionally, the Reserve Bank of India’s regulatory jurisdiction and supervisory regime is to ensure the depositors’ interest and safety and additionally strengthen India’s banking and financial operations. The RBI represents India’s economic interests at various global platforms such as BASEL, Financial Stability Boards and is thus poised to make decisions attuned to the …
To Ban or to Adopt: Cryptocurrency Quandary and the Role of RBI Read More »
ABSTRACT The origin of sedition law can be dated from the amendment of the Indian Penal Code in 1870. The British colonizers used it to suppress the Indian freedom struggle and rising voices of dissatisfaction. Until August 11, 2023 section 124 of the IPC provided the provisions for sedition and its punishments, now the new …
Abstract Ordinances were incorporated into the Indian Constitution through the Government of India Act 1935, which bestowed upon the Governor-General the capacity to proclaim Ordinances. Sections 42 and 43 of the Act specifically dealt with the Governor-General’s authority to promulgate Ordinances, stipulating that this power may only be exercised in circumstances necessitating prompt action. The …
Ordinance-Making Power of the President in the Light of Recent Controversies Read More »
Date of the Case: May 11, 2023Appellant: Government of NCT of Delhi (National Capital Territory of Delhi)Respondent: Union of IndiaBench: Chief Justice of India D.Y. Chandrachud, Justice M.R. Shah, Justice Krishna Murari, Justice Hima Kohli, Justice PS NarasimhaLegal Provisions: Constitution of India, 1949, Article 239, Constitution of India, 1949, Article 239 AACitations: 2023 SCC OnLine …
ABSTRACT The gaming industry is currently booming at a rapid pace in India. Being the fastest-growing sector,The Indian economy depends significantly on the gaming industry. Currently estimated to be around USD 2.2 billion, it is expected to grow to approximately USD 7 billion by 2026. Gambling, betting and online games are evolving industries with a …
Emerging Need for Centralized Gaming Laws: Critical Study of Contemporary Stance Read More »
The Delhi High Court CORAM: HON’BLE MR. JUSTICE C. HARI SHANKAR Advocate representing plaintiff Mr. Abhijeet Rastogi Advocate representing defendant Ms. Prity Sharma The court initially addressed the issue of trademark infringement concerning the plaintiff’s registered wordmark, “BLENDERS PRIDE.” It ruled that the plaintiff could not lay claim to exclusive rights over the “PRIDE” component …
ABSTRACT This research paper explores the dynamic and evolving landscape of insolvency treatment in India, with a specific focus on the legislative framework and the notable developments observed in recent years. India, as a rapidly advancing economy, has undergone significant transformations in its approach to insolvency and bankruptcy. This research paper aims to provide a …
Abstract: Contracts of indemnity are one of the most crucial commercial contract forms. Some industries, such as the insurance industry, rely on these contracts. This is due to the nature of these contracts. Essentially, it helps companies to cover losses and mitigate risk. This is very important for both small and large businesses. These contracts …
DATE OF THE CASE– 11th July,2022 APPELLANT- Satender Kumar Antil RESPONDENTS– Central Bureau of Investigation (CBI) & Anr. BENCH/JUDGES– Hon’ble Mr Justice Sanjay Kishan Kaul, Hon’ble Mr Justice M.M. Sundresh LEGAL PROVISIONS– S.41, S.41 A and S. 60A of The Code of Criminal Procedure (CrPC) CIVIL APPEAL NUMBER– 5191 FACTS ISSUE RAISED CONTENTION ON BEHALF …
Satender Kumar Antil v. Central Bureau of Investigation & Anr. Read More »
Abstract The Uniform Civil Code (UCC) is a concept in India’s constitution that aims to replace personal laws based on religious customs with a common set of laws governing citizens, including marriage, divorce, inheritance, adoption, and maintenance. The implementation of UCC is solely the responsibility of the government. This article primarily focuses on the historical …
Enactment of Uniform Civil Code and Religious rights Read More »
ABSTRACT In the perspective of preserving the world’s biodiversity, this research article examines the crucial problem of preserving traditional knowledge and preventing biopiracy. Traditional knowledge has proven to be a goldmine of vital information on maintaining ecosystems, managing sustainable resources, and cultivating medicinal plants. However, the unethical and immoral use of this knowledge, known as …
SAFEGUARDING TRADITIONAL KNOWLEDGE AND COMBATTING BIOPIRACY Read More »
Abstract: Artificial intelligence (AI) has grown into a powerful driver for change in the legal industry, transforming how legal practitioners provide services and make judgment calls. This in- depth research explores the tremendous effects of AI on modern legal practice while examining its ramifications, ethical issues, and implications. The use of AI within the legal …
CASE COMMENT: FACTS: In this case, a special leave petition has been brought in the Supreme Court of India. This petition was filed in response to a decree issued by the division of bench of the Madras High Court. That case had been initiated by an AIADMK candidate to investigate the covid 19 guidelines and …
Date – 29/03/2019 Appellant– Pattu Rajan Respondent- State of Tamil Nadu Bench – Justice N.V Ramana, Mohan M. Shantanagoudar, Indira Banerjee, JJ. Facts: Issue raised 1.Is the conviction of the accused (appellant) by the High Court of Tamil Nadu legally valid or not? 2. Weather Pattu Rajan actually murdered santhakumar or not? Contentions by Appellant …
The person residing in India has some special rights, especially the citizens in matters of employment and education, etc. which are considered to be important for the better life of any person but it becomes more than necessary to have citizenship in such states where all the boarders are surrounded by foreign boundaries such as …
Citizenship amendment Bill- 2019: Threat created by Religion Read More »
Abstract The Ganga River is one of the most important rivers in India. It is a lifeline for millions of people, providing water for drinking, irrigation, and transportation. However, the Ganga River has been facing a number of challenges, including pollution, deforestation, and climate change. In recent years, there have been a number of efforts …
Abstract Since several centuries, though many technological revolutions and other developments have come, a word still used till date with no exact logical reasoning and bankability is the word accident which further addresses and elucidates the concept of act of god and its role in the legal system. An accident is defined (1) as an …
Abstract In today’s digital transformation era, data holds a very important position, and violating its confidentiality may pose a significant risk to an individual and a nation as a whole. Our indulgence on various social media platforms like Facebook, X, Instagram etc. has increased to such a level that they have become a predominant part …
Abstract The Citizenship Amendment Act of 2019 has emerged as a pivotal legislative development in India’s contemporary socio-political landscape. This research paper undertakes a comprehensive examination of the multifaceted aspects surrounding this contentious law. The Citizenship Amendment Act (CAA) was enacted to amend India’s citizenship provisions and has ignited intense debates and protests since its …
Legality and Implications of Citizenship (Amendment) Act, 2019 Read More »
Abstract This research paper delves into the intricate relationship between neuroscience, the concept of free will, and their profound implications for the criminal justice system. Free will is the idea that humans can think and act independently [1]. The scientific studies have given us new evidence into the nature and workings of human behaviour, revealing …
Neuroscience, Freewill, and The Criminal Justice System: An In-depth Analysis. Read More »
ABSTRACT: India is considered to be the safest home for many refugees. Whenever the humanitarian issue arises related to refugees, India has done more than any other state can do. It also handled the national security issue more than that of the asylum seekers. However, India lacks domestic laws and administrative laws due to the …
By Rashmi Pathak- Government Law College, Mumbai Different Insolvency laws prevailed in India for different types of entities but failed to bring the desired consequences or result. For example, Sick Industrial Companies Act, 1985, the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the Recovery of Debt Due to Banks …
An Analysis on Insolvency and Bankruptcy Code, 2016 Read More »
Bench– Justice Ravindra Bhat and Justice Aravind Kumar Citation – APPEAL 2023 SCC OnLine SC 1089 FACTS The petitioner has filed a case under Article 32 of the Constitution, expressing grievance over the rejection of her application for a Post Graduate medical seat. This rejection took place after she had participated in the NEET (PG) …
Abstract In today’s digital era, legal practitioners in India are increasingly leveraging websites to connect with potential clients and disseminate legal insights. However, this practice encounters strict guidelines imposed by the Bar Council of India (BCI), presenting a distinctive challenge. When visiting legal websites, users commonly encounter a disclaimer at the outset, serving the crucial …
Legal Marketing in India: Navigating the Boundaries of Lawyer Advertising Read More »
Name of the Parties: Facts of the Case: Siva Industries had acquired shares of TATA Sons between years 1961 to 2001. In 2017, TATA Sons underwent a scheme of arrangement to convert from a public limited company to a private limited company. Siva Industries challenged this conversion. TATA Sons Pvt. Ltd. (hereinafter referred to as …
Abstract Violence cannot be stopped by violence. It has to be stopped by wisdom. Only wisdom can stop violence. ~GURUDEV SRI SRI SHANKAR[1] This research paper deals with the very known topic i.e. Domestic Violence. Domestic Violence means the aggressive behaviour of one partner over the other in intimidate relationship. Mostly women …
Abstract Human rights are such crucial aspects of a society that need to be handled delicately. The shielding of human rights is the need of the hour. These are the basic rights which everyone needed to live a harmonious life. There is a recent trend of increasing human rights violations and international organisations such as …
“ Fashion is the armor to survive the reality of everyday life” ABSTRACT: The field of law known as “fashion law” examines a wide range of topics pertinent to the fashion industry, such as financial and commercial matters, intellectual property law, international trade, employment law, and company law. This research paper intends to present an …
Citation: 2022 SCC OnLine SC 704 Appellant: Budhadev Karmaskar Respondent: State of West Bengal Bench: Justices L. Nageswara Rao, B.R Gavai and A.S Bopanna Introduction In India sex work is considered to be a despicable profession and it is stigmatized by society. Despite the fact that every individual in India has right to life and …
Case Comment: Budhadev Karmaskar v. State of West Bengal and Ors. Read More »
Case: In Re Prashant Bhushan & Anr. (2020) Case Type: Suo Moto Criminal Proceeding Bench: B.R. Gavai J, Krishna Murari J, Arun Mishra J Citation: SCM (CRL.) No.000001 -/2020 FACTS OF THE CASE The case started when Prashant Bhushan made two tweets in June 2020 that were critical of the Indian judiciary. In one tweet, …
AbstractThis study delves into the Supreme Court’s handbook aimed at dismantling gender stereotypes in the legal field. It highlights the handbook’s role in promoting gender parity, inclusiveness, and challenging entrenched biases in society. The handbook addresses the attribution of “inherent characteristics” to women and how presumptions about a woman’s character, based on factors like clothing …
HANDBOOK ON COMBATING GENDER STEREOTYPES:IT’S RELEVANCE AND IMPORTANCE Read More »
Citation: 6 SCC 213(2021) Bench: CJI N. V. Ramana, Hon’ble Justice Surya Kant and Hon’ble Justice Aniruddha Bose. Criminal Appeal No: 573 of 2016 Date of Judgment: May 07, 2021. Legal Provisions /Acts: The Evidence Act 187, The Indian Penal Code 1860 and The code of Criminal Procedure 1973. FACTS 1. Both the parties of …
CITATION – Civil Appeal No. 7598 of 2021 DATE OF JUDGMENT- 11-07-2022 PETITONER- Satendra KumarAntil RESPONDENT- CBI BENCH– Justice Sanjay kishankauland Justice M.M Sundresh INTRODUCTION In accordance with Section 173 of the Code of Criminal Procedure, a probe is finished when the investigative agency presents its final conclusions to the court once the police report …
SATENDER KUMAR ANTIL VS CENTRAL BUREAU OF INVESTIGATION Read More »
DATE OF THE CASE: 12 February, 2020 APPELLANT: Shruti Vora RESPONDENTS: Securities and Exchange Board of India (SEBI) BENCH/JUDGES: Justice M.T. Joshi, Dr. C.K.G Nair, Justice Tarun Agarwala LEGAL PROVISIONS: SEBI Act, 1992, SEBI (PIT) Regulation, 2015. APPEAL NO: 28 of 2020. FACTS OF THE CASE: ISSUES RAISED CONTENTIONS ASSERTION OF THE ADJUDICATING OFFICER ASSERTION …
Shruti Vohra vs. Securities and Exchange Board of India Read More »
Abstract This study examines the corporate law system in India’s legislative framework for protecting shareholders who are in minority. Minority shareholders are an essential part of the business ecosystem and help to maintain the fairness and integrity of the market. The protection of minority stockholders’ rights is crucial in India because the business landscape is …
Protection of Minority Shareholders in India’s Corporate Law Regime Read More »
Court: Hon’ble Supreme Court of India Date of the Case: May 28, 2021 Appeal Nos.: 17351736 of 2010 Appellant: Satbir Singh and Another Respondent: State of Haryana Bench/ Judge: N.V. Ramana (CJI), Aniruddha Bose, Surya Kant Facts of the Cases Issues Raised Contention on behalf of Appellant The appellant’s learned senior attorney argued that the …
Satbir Singh & Ors. v. State of Haryana (2021 SCC Online SC 404) Read More »
Abstract The main social issue that has caught the sight of millions of people in India is Domestic Violence. They are the issues that become headlines and are the most prevalent topic today. There is no definition of Domestic Violence, but it can be understood as the harsh, rough, and brutal behavior that can be …
Abstract: This research paper examines the nuances of abortion legislation in many nations, looking at their development, variances, and consequences for society. We assess the effects of legislative frameworks on maternal health, gender equality, reproductive rights, and public opinion by looking at things like access limitations and gestational caps. This study aims to offer insights …
A COMPARATIVE STUDY OF ABORTION LAWS AND THEIR SOCIETAL IMPACT Read More »
ABSTRACT Intellectual property(IP) is the original creation of the human intellect. It includes a variety of creative products, such as designs, logos, musical compositions, artistic works, etc. There are primarily four types of intellectual property: copyright, trademark, patent and trade secret. The person who creates any intellectual property gets an exclusive right to use and …
Demystifying Quia Timet Action and its Impact on Intellectual Property Rights Read More »
ABSTRACT: The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants (TNRRRLT) Act, 2017 as stated in the preamble is enacted to regulate the rent, to balance the Rights and Liabilities of Landlord and Tenants, and to provide fast adjudication process for resolution of disputes, between the landlord and tenant. Before this enactment, …
CRITICAL ANALYSIS ON SECTION 21(2)(a) OF THE TNRRRLT ACT, 2017 Read More »
Abstract The right to abortion is a very belligerent and emotionally charged topic .Whether it should be given as matter of reproductive right; should be allowed only under certain circumstances or needs a complete blanket ban is a matter of never ending debate. The major debate revolves around the topic after what time foetus should …
ABSTRACT The paper explores different ideas of the issues in our legal system and relevant case laws such as the Vishakha judgement, the Nirbhaya case and the Uphaar Fire Tragedy. These cases affected the nation. However, we can see how justice was delayed in such horrifying tragedies and how the victims got justice almost decades …
CITATION – SLP (Crl) No. 1132-1155 of 2022 DATE OF JUDGMENT – 29th July, 2022 COURT – Supreme Court of India APPELLANT – Daxaben RESPONDENT – The State of Gujarat BENCH – Justices Indira Banerjee and V.Ramasubramanian FACTS ISSUES CONTENTION DEFENDANT’S ARGUMENT PLAINTIFF’S ARGUMENT RATIONALE Justices Indira Banerjee and V. Ramasubramanian’s bench stated that inciting …