Abstract Same sex marriage in India is seen as a new area which is grabbing the attention of the Indian society at large. The term homosexuality is a term that although seems simple, defines a wide concept which is not anything alien to the Indian society or Indian subcontinent as this very concept of homosexuality …
Facts: “This matter connects with the topic of General media recording u/s 161 Cr.P.C.”Furthermore, proclamations under section 161(3)[1] wherein the Hon’ble Supreme Court of India has constantly attempted to lessen the instances of custodial violence and keep away from abuse of abilities given to police work force. In the question of D.K. Basu vs. State …
Case Comment – Paramvir Singh Saini V. Baljit Singh, 2020 Read More »
ABSTRACT With the growth of science and technology, the world has turned into a global village. Traditional barriers have broken down and because of the internet people are interconnected more than ever. However, this increased connectivity has also given rise to cyber-crimes which are not as easy to solve as traditional crimes. Traditional crimes occur …
Abstract Metaverse is the new oil. Intellectual property rights (IPR) are a product of human curiosity and intelligence, so protecting them in the recent “virtual world” is of greatest need. This paper addresses the issue of trademark, patent, & copyright infringement, while also talking about various legal precedents relating to intellectual property rights in virtual …
IMPACT ON INTELLECTUAL PROPERTY IN METAVERSE Read More »
Case Title- SHILPA SAILESH v. VARUN SREENIVASAN Court- Supreme Court of India Bench: Justices S.K. Kaul, Vikram Nath, AS Oka, JK Maheshwari and Sanjiv Khanna Judgement date- May 1, 2023 BRIEF INTRODUCTION The Honourable Supreme Court of India delivered a landmark judgment in this case. It ruled that it has the jurisdiction to dissolve a …
IRRETRIEVABLE BREAKDOWN OF MARRIAGE CAN ALSO BE A GROUND FOR GRANTING DIVORCE Read More »
Abstract “An ounce of mediation is worth a pound of arbitration and a ton of litigation.” Joseph Grynbaum. Mediation is a process where a neutral third party facilitates communication and negotiation between the parties involved in a dispute to reach a mutually agreeable solution. A mediator does not impose a solution but creates a conducive …
The Role of Mediation in Resolving Energy Disputes Read More »
Court – Supreme Court Citation – AIR 2020 SC 415 Appellant – Surinder Singh Deswal Respondent – Virender Gandhi Bench – Justice Ashok Bhushan, Justice M.R.Shah FACTS The appellants were partners at Bhoomi Infrastructure Co., now GLM Infratech Private Limited, when it was in business. The appellant issued a cheque to respondent No. 1 on …
Surinder Singh Deswal & Ors. V/s Virender Gandhi & Anr. Read More »
Case Caption. Google LLC and Another —————————————–Appellants. Competition Commission of India and Others——————Respondents. Case Number. Civil Appeal Number 229 of 2023. Case Citation. 2023 SC 88. Bench Hon’ble Chief Justice D.Y. Chandrachud, Justice Narsimha and Justice J.J. Pardiwala. Introduction. A market is said to run in a free and fare manner when there exists competition …
Citation: (2019) 9 SCC 1 Appellant: M. Siddiq (D) Thr. LRs. Respondent: Mahant Suresh Das & Ors. Bench: Hon’ble Chief Justice Ranjan Gogoi, Hon’ble Justice Sharad Arvind Bobde, Hon’ble Justice Dhananjaya Y. Chandrachud, Hon’ble Justice Ashok Bhushan, Hon’ble Justice S. Abdul Nazeer Order Date: November 9, 2019 Facts: 1. The dispute centered around a site …
Title: M. Siddiq (D) Thr. LRs. v. Mahant Suresh Das & Ors. Read More »
Abstract: This legal research paper examines the ongoing conflict between surveillance and individual liberties in the Indian context, focusing on the right to privacy and its clash with national security concerns. The paper delves into the significance of privacy rights and the importance of maintaining collective security, highlighting the need to strike a balance that …
The Real Struggle for Privacy and National Security in terms of Liberty and Surveillance Read More »
Introduction: The Manoharlal Sharma v. Narendra Damodardas Modi & Others case is a notable legal issue that captured the public’s interest and brought up fundamental issues with relation to constitutional law, political accountability, and the authority of elected officials. Manohar Lal, a citizen, was pitted against Narendra Modi, the Indian Prime Minister at the time, …
Manoharlal Sharma v. Narendra Damodardas Modi & Others Read More »
WRIT PETITION (CIVIL) NO. 980 OF 2019 Decided on 4 March 2021 Supreme Court Bench: Hon`ble Justice A.M Khanwilkar, Hon`ble Justice Dinesh Maheshwari & Hon`ble Justice C.T. Ravikumar Facts: This case revolved with the same subject matter as dealt in the holding of N Krishna Murthy Vs. Union of India, which laud down that the …
CASE COMMENTARY – Vikas Kishanrao Gawali vs The State of Maharashtra Read More »
Case Commentary FACTS ISSUES RAISED CONTENTION Petitioner’s Arguments W.P. (C) No. 1031 of 2019 W.P. (C) No. 1164 of 2019 W.P. (Crl.) No. 225 of 2019 Respondent’s Arguments Mr. K.K. Venugopal, Attorney General for Union of India Mr. Tushar Mehta, Solicitor General of Jammu and Kashmir RATIONALE Issue 1 Issue 2 Issue 3 Issue 4 …
Anuradha Bhasin v. Union of India- AIR 2020 SC 1308. Read More »
(2021) 4 SCC 379 SUPREME COURT OF INDIA DATE OF THE CASE: 11 January, 2021 APPELLANT: M/S N.N. Global Mercantile RESPONDENT: M/S Indo Unique Flame Ltd. LEGAL PROVISIONS: The Indian Stamp Act,1899 and The Arbitration Act, 1940 FACTS: ISSUE RAISED: CONTENSION: Arguments from the Petitioner’s Side: Arguments from the Respondent’s Side: RATIONALE: A constitution bench …
M/S N.N. GLOBAL MERCANTILE V. M/S INDO UNIQUE FLAME LTD. Read More »
Abstract Necrophilia[1] can be understood as, when a human being commits any sexual deed or performance with a dead human body which involve sex organs, anus, urethra, or mouth. Necrophilia can be derived from a Greek word nekros meaning corpse and philia means love. The subset necropedophilia means having sexual activity with a dead body …
Understanding Necrophilia and The Issues Surrounded With It. Read More »
ABSTRACT The Sedation Law was enacted by the British to restrain the freedom fighters. It became a tool to suppress the liberal movement during the colonial era. But even after independence, it was still used as a weapon to curb voices against the government in place. Placing slogans like Pakistan zindabad and supporting Pakistan or …
Abstract The common law concept of ‘duress’ occurs when someone is forced to act against their free will and the resultant consent renders the contract voidable. The effect of duress is not to make the acts of the victim involuntary, nor does it deprive him of his free choice, but leaves him with a “choice …
Mapping the Scope of Economic Duress in Indian Contract Law Read More »
Bench : Justice Hima Kohli and CJI D.Y.Chandrachud Case No. : Criminal Appeal No.1441 of 2022 Appellant : State of Jharkhand Respondent: Shailendra Kumar Rai @ Pandav Rai Appellant’s Advocate : Madhusmita Bora Court: Supreme court of IndiaJurisdiction: Criminal appellate Judgment Date : 31 october, 2022 Facts of the case ISSUES CONTENTIONS Based on a …
CASE NAME- “M Siddiq (D) Thr Lrs v. Mahant Suresh Das & Ors” COURT- SUPREME COURT OF INDIA DECIDED- 9TH NOVEMBER, 2019 APPEALED FROM- ALLAHABAD HIGH COURT JUDGES – Ranjan Gogoi (CJI), Sharad Arvind Bobde, DY Chandrachud, Ashok Bhushan, S. Abdul Nazeer CITATION- CIVIL APPEAL NO. 10866-10867 OF 2010. Appellant – “M Siddiq (D) Thr …
In the Supreme Court of India Civil Original Jurisdiction Citation- Civil Appeal No(s). 4987 of 2022 Appellant- Rohith Thammana Gowda Respondent- State of Karnataka & Ors. Bench- A.M. Khanwilkar, C.T. Ravikumar Facts In this case, Rohith Thammana Gowda, who is the father of the child for whose custody case is being fought, wants …
Case: – Rohith Thammana Gowda Vs. State of Karnataka & Ors. Read More »
Abstract Nowadays, Infertility becomes one of the major problem of couples, who want to become parents. Our science had so many scientific and technological advancements in obstetrics[1] and gynecology[2]. Surrogacy is a process in which a lady (who want to become surrogate with her own will) bears and delivers the child for intending couples. But …
The Surrogacy (Regulation) Act, 2021- Boon or Bane? Read More »
ABSTRACT One of the branches or aspects of intellectual property rights known as copyright has an exclusive set of legal rights that extends to authors of literary, dramatic, musical, and artistic works as well as to those who produce cinematographic films and sound recordings. These rights include the ability to reproduce works and make them …
APURVA SHANKER 2ND YEAR, B.A.LLB. STUDENT AT NUSRL, RANCHI. ABSTRACT The multicultural depiction of India has often been presented to be that of harmony and cohesiveness with rare disputes of minute significance. The variance occurring out of culture, tradition and faith is accommodated through personal laws. It is, however, true that the personal laws are …
Unaccounted Perils of Christian Women in Succession Read More »
CASE COMMENT M SIDDIQ (D) THR LRS. VS MAHANT SURESH DAS & ORS. Equivalent Citation: 2020-1 SCC 1 Date of Judgement: November 9, 2019 Case Number: 10866-10867 of 2010 Petitioner: M Siddiq (deceased) Respondent: Mahant Suresh Das & Ors[1] FACTS This case, which has one of the earliest beginnings in the background of the Indian …
M SIDDIQ (D) THR LRS. VS MAHANT SURESH DAS & ORS. Read More »
ABSTRACT Even in the twenty-first century, the majority of women in India still lack access to appropriate abortion facilities. Women’s lives continue to be significantly impacted by abortion. They may have to terminate it at home in some circumstances since the hospital will admit them as a patient. The women in our nation continue to …
FROM WOMB TO WORLD: AN ANALYSIS OF ABORTION LAWS IN INDIA Read More »
SUPREME COURT OF INDIACIVIL ORIGINAL JURISDICTIONWRIT PETITION(C) No.682 OF 2021 PETITIONER: SG VOMBATKERE RESPONDENT: Union of India DATE OF DECISION: 11 May 2022 BENCH: 3 judge bench constituted by Hon’ble CJI NV Ramana, Ms. Justice Hima Kohli, Mr. Justice Surya Kant LEGAL PROVISION: Section124Aof Indian Penal Code 1860 (IPC) INTRODUCTION :- The case deals with …
Case Comment Court: Supreme Court of India Equivalent Citation: 2022 SCC Online SC 1494 Criminal Appeal: 1441 of 2022 Appellant: The State of Jharkhand Respondent: Shailendra Kumar Rai @ Pandav Rai Date of Judgment: 31st October, 2022 Bench: Dr D.Y Chandrachud and Hima Kohli FACTS According to the prosecution’s case, on the afternoon of November 7, 2004, the …
(2022) 8 SCC 352 Civil Appeal No. 4633 of 2021 FACTS: The appellant company VIPL is an electricity generating company registered under section2(28) of the Electricity Act, 2003. The company has setup a 600 MW coal fired thermal power plant in Nagpur area. VIPL was awarded the contract for the implementation of the Group Power …
AIR (2019) 4 SCC 17 University of Petroleum & Energy Studies Facts Under the careful eye of the Supreme Court, a few writ petitions and exceptional leave petitions were filed in an effort to scrutinise the sacred legality of several Code provisions. The judgement did not take into account the unique circumstances of any case …
ABSTRACT Digital rape is an offence which is quite nascent to Indian legal system as well as for people of India. There are some misconceptions regarding the term ‘Digital’ of offence of digital rape in the mind of a layman, and this article try to give a better understanding of the term ‘Digital’ as well …
This Legal case commentary focuses on Olga Tellis and Ors. Vs. Bombay Municipal Corporation and Ors[i] (“Olga Tellis”). It focuses on specific legal issues regarding Article 21, the constitutional validity of some provisions in the BMC Act, 1888, the right to livelihood, and the validity of the rule of estoppel followed by the conclusion and …
Case Brief of Olga Tellis and Ors. Vs. Bombay Municipal Corporation and Ors. Read More »
Court: The Supreme Court of India Suit Type: T.P.(C) 1249-1250/2020 Petitioner: Ashwini Kumar Upadhyay; Shahida Quraishi Respondent: Union of India Bench: Hon’ble Justice D.Y. Chandrachud (CJI), Hon’ble Justice P.S. Narasimha, Hon’ble Justice J.B. Pardiwala Petition Filed on: October 26th, 2020 Last Hearing: February 20th, 2023 Legal Provisions: Facts of the Case: In the case of …
——————————————————————————————————————————————- Case Brief ——————————————————————————————————————————————- The petitioner is permanent resident of Delhi, originally from Manipur. B.A graduate having 5 younger siblings and farmer parents. The petitioner had consensual relationship and conceived pregnancy of single intrauterine which came to her knowledge on June 5, 2020 having near to Twenty-Two weeks term completed. The Petitioner was looking for …
Abstract A 152 years old pre-colonial rule that is still in existence until now as an enacting law in the territory of India has become a rising issue in eyes of government for it to be existing in future. Sedition law from the day of being included under IPC in 1870s has received so many …
Interpretation and Implementation of Sedition Law Read More »
Appellants : DAV College Trust and Management Society & Ors. Respondents: Director of Public Instructions Court : Supreme Court of India Bench: Deepak Gupta , Aniruddha Bose Citation : (2019) 9 SCC 185 Date of Judgment: September 17, 2019 INTRODUCTION: Right to Information act,2005 was enacted for providing transparency to people in their social life …
CASE: DAV College Trust and Management Society & Ors. Vs. Director of Public Instruction Read More »
Court: Hon’ble Supreme Court of India Date: October 13, 2022 Judges: Justice Hemant Gupta and Justice Sudhanshu Dhulia FACTS: The Karnataka Education Act, 1983 passed by government of Karnataka, specifies that all student studying in schools and colleges within the state ought to conduct themselves in brotherly manner, outstrip their group identity and enlarge inclinations …
PETITIONER- The Animal Welfare Board of India & Ors RESPONDENT- Union of India & ANR DECIDED ON- 18th May, 2023 BENCH- K.M. Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, C.T Ravikumar FACTS Jallikattu, a bull-taming sport in Tamil Nadu, and bullock cart racing in Maharashtra were deemed unlawful by the Apex court in the case …
ABSTRACT The most complex issue of the Indian Judiciary System is the pendency of cases.In 2006, for this the concept of plea bargaining was enforced through the Criminal Law (Amendment) Act, 2005. This concept was created so that the Prosecutors could skip the labour intensive, time consuming, costly and no guarantee to grant justice trials. …
Case Comment Citation(s): AIR 2020 SC 3717, (2020) 9 SCC 1 Date of the case: 11 August, 2020 Appellant: Vineeta Sharma Respondent: Rakesh Sharma & Ors. Bench/Judges: Justice Arun Mishra, Justice S. Abdul Nazeer and Justice M.R. Shah Legal Provisions: Hindu Succession Act (30 of 1956) S.6(1)(a), Proviso, Expln.1 (as amended by Act 39 of …
ABSTRACT Environmental concerns are extremely important and should be taken seriously by individuals, communities, governments, and businesses. The Earth’s natural systems and resources are finite, and human activities have had a significant impact on the environment, leading to issues such as climate change, deforestation, pollution, loss of biodiversity, and depletion of natural resources. Addressing these …
Abstract The field of technological advancement has been rapidly growing over the past few years. This advancement has led to a growing demand for the protection, security and enforcement of the innovations, creativity and ideas at a global stage. When the covid-19 befall, no one in the world was ready, leading us to debate over …
The Future of Intellectual Property in International Legislations Read More »
INTRODUCTION: One can safely assume that the menace of money laundering has been prevalent ever since the origin of money, such is the nature of a crime itself. It takes its first breath as soon as society lets it. In India and almost every other country, money laundering has been responsible for plaguing the state’s …
Case Comment: “Vijay Madanlal Choudhary Vs Union Of India”Judgment-27th July 2022 Read More »
Abstract The term delegated legislature is said to be a necessary evil in India since it is misused and abused very often. Delegated Legislature is necessary for several purposes, for example- to ease the pressure over the parliament, since the Parliament (Legislature) is occupied with several other matters also it is important for more experts …
IMPORTANCE OF CONTROL OVER DELEGATED LEGISLATURE Read More »
Abstract The recognition and legal status of same-sex marriages have become a significant global issue, sparking debates on human rights, equality and social progress. This research paper offers a comprehensive comparative analysis of the legal status of same-sex marriages in India and selected countries, aiming to shed light on the diverse approaches, challenges, and milestones …
Same-Sex Marriage: Legal Status in India and Abroad Read More »
Abstract While marriage is generally considered to be a bond which binds 2 people for a lifetime, it is a bitter truth that some marriages fail. Unfortunately, due to the stigma associated with divorce in society, many women choose to be silent bearers of dowry demands, harassment, violence and outright abuse in their marriages with …
I. Abstract: This research paper explores the regulation of organ donation with a comparative analysis of policies in India and global perspectives with a focus the importance of organ donation and transplantation. The objective of the paper is to provide a comparative analysis of the issues that the organ donation phase is facing. The paper …
ABSTRACT: What contribution may Marxist theory make to the field of international legal studies? Is it possible to be both a Marxist and an international lawyer? What role does international legal study have in Marxist politics? How should Marxist international law theory be positioned in relation to other critical legal traditions? Is there any theoretical …
JUDICIAL SCRUTINY ON MARXISM IN INTERNATIONAL LAW Read More »
By -Abhishek Sinha New Law College, Bharati Vidyapeeth, Pune. ABSTRACT India is a vast country with world’s largest population. Here, the advent of modernization has made people aware that utmost equality should be maintained between everyone, and people are accepting it as well with an open heart. But this acceptance is not seen every-where, and …
Abstract The recognition and legal status of same-sex marriages have become a significant global issue, sparking debates on human rights, equality and social progress. This research paper offers a comprehensive comparative analysis of the legal status of same-sex marriages in India and selected countries, aiming to shed light on the diverse approaches, challenges, and milestones …
Legal Status of Same Sex Marriages and other Countries Read More »
ABSTRACT No comprehensive and universal legislative modification has yet been passed, despite the fact that numerous countries have conducted crucial research on the battered women condition in India and throughout the world. The Indian provisions of the I.P.C. on self-defense and grave, unexpected provocation are insufficient. As a result, battered women who attempted …
Abstract This study aims to bring about the effects and outcomes of Citizenship Amendment Act (CAA), 2019. The Citizenship Amendment Act, 2019 aesthetics to give Indian citizenship to lawless exiles from 6 minorities forming from Pakistan, Bangladesh, and Afghanistan. These 6 religious minorities include; Sikh, Buddhist, Hindu, Christian, Jain, and Parsi. Worth to make reference …
The Legitimacy and Implications of the Citizenship Amendment Act, 2019 Read More »
TABLE OF CONTENTS INDEX OF AUTHORITIES…….………………………………….………….….3 Statutes Referred…………………………………………………………….………3 Cases Referred……………………………………………………………….…….3 ABSTRACT….……………………………………………………………………4 INTRODUCTION………………….……………………………………….….….4 RESEARCH METHODOLOGY………………………………………….…..……6 Aims and Objectives……………………………………………………….………..6 Scope and Research Pattern.……………………………………………….………..6 Acknowledgement………………………………………………………….………..6 1. THE SURROGACY REGULATION BILL 2019………………………………7 2. ALTRUISTIC SURROGACY v COMMERCIAL SURROGACY……………..7 3. CERTIFICATE OF ESSENTIALITY- SOCIETAL STIGMA ………………….8 4. EXCLUSION AT PLAY………….…………………………………………….10 5. SELECT COMMITTEE RECOMMENDATIONS- THE PATH AHEAD ……11 CONCLUSION……………………………………………………………………12 BIBLIOGRAPHY…….……………………………………………………….….13 …
SURROGACY REGULATION IN INDIA- A GAME OF SMOKES AND MIRROR Read More »
Every tangible and intangible right is considered to be the assets of the humanity. The specialized part is that Intellectual Property Rights (IPR) category deals with the intangible rights depicting the logos, literary works, research or scientific inventions. There rights are mentioned in the Article 27 of the Universal Declaration of Human Rights dealing with …
ANALYSIS OF THE ELEMENTS OF IPR – COPYRIGHTS, PATENT RIGHTS AND TRADEMARK IN INDIA Read More »
Abstract Manusmriti is an vedic indian text which is originally composed by the swayambhu Manu at the starting of the Indian Vedic Civilization to be followed by the people of the society to live in a systematic way of life which is based on law and order as per according to the norms and customs …
Relevance of Manusmriti to Indian Judiciary in 21st Century Abstract Read More »
Abstract Homosexuality is a sexual orientation where individuals may feel romantic or sexual attraction towards another person of their same sex. The term “homos” is derived from the Greek term “homos,” meaning “the same.” The LGBTQIA+ members have not been granted marriage rights in India, violating their Right to Equality under Article 14 of the …
Abstract The capacity of oneself or a particular group to seclude themselves or particular information and expressing it in a chosen way can be termed as ‘privacy’. In words of law, the right of a person to live without any external interference in matters that the public may not necessarily be concerned with. Constitution of …
RIGHT TO PRIVACY AND ITS IMPLICATIONS ON DATA PROTECTION LAWS Read More »
Abstract- This research study examines the need for gender-neutral legislation in India. It covers the current gender discrepancies, the legal system, and the social repercussions of gender-specific legislation. The paper makes the case that gender neutrality is crucial for advancing equality, eliminating institutionalised prejudices, and fostering a more inclusive and equitable society. It looks at …
Case Comment: “Jaishri Laxmanrao Patil v Chief Minister, Maharashtra” Writ Petition ( civil) No. 3123 of 2020; LL 2021 SC 243. Introduction The Maratha Community constitutes a significant percentage of Maharashtra population and has long been demanding reservation in employment and education. The government, acknowledging their demands, provided a 16% quota in the state’s …
Case Comment: “Jaishri Laxmanrao Patil v Chief Minister, Maharashtra” Read More »
INTRODUCTION Data privacy and security is about how we use our data in proper usage , collection and storage of data . Security is known as to secure our personal data . In 2017, the Supreme Court of India pronounced a landmark judgment declaring the right to privacy as a fundamental right under the framework …
Abstract This analysis is concerned with the issue of tribal self-governance in India, with a focus on the nation’s legal framework. It reveals the difficulties of India’s tribal people with social, economic, and political marginalisation by examining the historical background of such communities. The study dives into the Indian Constitution, looking at pertinent sections and changes …
ABSTRACT If Marital Rape is an actual thing & being a housewife is a job, then isn’t this harassment at the Workplace? – By Simar Singh (A poet) Consent is the first step towards every act & sexual intercourse is just the result. Sexual intercourse is not even the point, but the vital point …
TO WHAT EXTENT THE LEGALISATION OF MARITAL RAPE IS VALID Read More »
ABSTRACT The article delves into the pervasive problem of the mounting backlog of cases in the Indian legal system. Currently, there are over 71,000 pending cases in the Supreme Court, 6,088,032 cases in High Courts, and 43,492,773 cases in district and taluka courts[1]. The article highlights the detrimental effects of this backlog on the timely …
THE MOUNTING BACKLOG OF CASES: A BARRIER TO JUSTICE Read More »
ABSTRACT The research paper examines the intersection of gender and the legal discourse, employing a multidimensional approach that incorporates legal theory, sociological perspectives, and empirical evidence. It delves into the historical context of gender biases within legal systems, exploring how gender stereotypes and language influence legal decision-making. The paper also addresses the specific legal challenges …
Abstract This groundbreaking research paper examines the profound social repercussions of the Kerala High Court decision that challenged predominate views about female upper-body nudity. We seek to understand the possibilities for progressive changes in attitudes toward women’s control over their bodies and the goal of gender equality by looking at the response to this judgment. This …