1. Abstract The INDIAN CONSTITUTION guarantees fundamental and statutory rights to both citizens and non-citizens. The rights which are enforceable as per law and cannot be infringed unless there is an explicit situation and condition mentioned in the law. In the case of the accused person, his legal right cannot be taken away, just because …
Judgment date: 15 June 2023 Citation Criminal appeal No. 1089 of 2011 Bench: V. Ramasubramanian, Pankaj Mithal MOHD.MUSLIM …………………………………………………APPELLANT STATE OF UTTAR PRADESH (NOW UTTARAKHAND) ……RESPONDENT Mr. Prafulla Kumar Behera, ……… learned advocate for APPELLANT Mr. Jatinder Kumar Bhatia, ……… learned Advocate-on-Record for RESPONDENT. Statutes & Provisions referred – Introduction: In the murder case of …
CASE COMMENT: Mohd. Muslim vs State Of Uttar Pradesh Read More »
ABSTRACT The Uniform Civil Code is an important topic in India, whose citizens have clashed in the past over the idea. Many religious and linguistic communities have demanded that their culture and traditions be respected for a long time now. In this post we will take a look at some of these claims, debunk myths …
UCC- A balance between fundamental rights and directive principles Read More »
ABSTRACT Intellectual property rights, such as trademarks, patents and copyrights, play a significant role in protecting and monetizing various aspects of the sports industry, including merchandising, team logos, athlete endorsements, broadcasting rights, and technological innovations. Effective IP management is crucial for fostering innovation, economic growth, and fair competition in the sports sector. In every field …
ABSTRACT The transformation from Caveat Emptor to Caveat Venditor has brought a new sensation in the market system and the focus of the particular principle of law has shifted. As time passed, the government and lawmakers discovered that the doctrine of Caveat Emptor is not suitable for application and acceptability at the growing and changing …
Abstract The Metaverse has emerged as the new reality in this modern digital era by creating an alternative virtual world where you can establish relationships, conduct business transactions, enhance your learning and many more. However, this new reality also presents specific legal difficulties in the areas of jurisdiction, intellectual property, security and privacy. As …
Metaverse & Future Laws – Crucial Challenges to Address Read More »
ABSTRACT This research paper provides an overview of the legal framework governing liability and accountability for cyberattacks and data breaches in India. The paper discusses the Information Technology Act, 2000, and its relevant sections that deal with cyber security and data protection. It further highlights the responsibilities and liabilities for individuals and businesses and the …
Cyber Security and Data Protection:Liability and accountability for Cyber Attacks Read More »
Abstract “Data is the new oil” and its usage and connecting dots are expanding every second and has become a part of human survival. Artificial Intelligence is growing at a rapid stage and aiding at all scales of development but at the cost of privacy of humans. The cyber security threat for all the business …
The impact of AI on privacy rights and data protection laws in India. Read More »
“Fashion does not exist just in clothes. Fashion is in the sky and on the street; it’s everything to do with ideas, how we live, and what is going on.” ABSTRACT Indeed, imagining a social existence without apparel, shoes, and accessories, or without the businesses that provide these items, is an intriguing idea. In such …
INTELECTUAL PROPERTY RIGHTS AND THEIR RELEVANCY IN FASHION INDUSTRY Read More »
Abstract Climate change is a very evident and crucial term for every individual. It’s a pattern of alteration that we are observing in the weather cycle. These changes in the pattern of climate posed a new threat to proper functioning of human life in the short term. Eventually it may create a big threat to …
The evolving new arena of climate change litigation Read More »
Abstract The right to life vs right to die is always a matter of debate. The right to life is a fundamental right under the Constitution of India. Article 21 states the right to life and personal liberty but that never ensures the right to die as it paves the way for many crises. …
ABSTRACT The Indian Constitution guarantees the right to life and personal liberty in Article 21.One of the most significant rights that individuals have is this one, which is unabridgeable under any circumstances, including emergencies. According to the Supreme Court of India, this right is the “Heart and Soul of Fundamental Rights.” It is a right …
ASPECTS OF ARTICLE 21 OF THE INDIAN CONSTITUTION Read More »
ABSTARCT This paper aims to provide a comprehensive exploration of homosexuality in contemporary society, shedding light on the diverse experiences, challenges, and contributions of individuals identifying as homosexual. By examining the multifaceted aspects of homosexuality, including its social, cultural, and psychological dimensions, this study seeks to foster a deeper understanding and appreciation of the complexity …
Abstract The Indian Constitution is said to be the supreme law of the land, which enshrines the separation of power between the executive, legislature and the judiciary. The constitution of India also gives the judiciary its independence from the other two powers, executive and the legislative. It is hence considered that the judges appointment in …
ANALYZING THE JUDICIAL APPOINTMENTS: NJAC VS. COLLEGIUM SYSTEM IN INDIA Read More »
Abstract “Gender inequalities throughout the world has made the women a commodity and first axe always fall on the economically deprived women of poor countries.” Human Trafficking is regarded as a modern-day slavery in the 21st century. It has posed a formidable challenge in the new millennium which is hampering the human development of different …
Trafficking of Women in the 21st century: A Global Challenge Read More »
WRIT PETITION (CIVIL) NO.793 OF 2017 Date of Judgement: 08-04-2021 Petitioner: MOHAMMAD SALIMULLAH AND ANR. Respondent: UNION OF INDIA AND ORS. Bench: Chief Justice S.A. Bobde, Justice A.S Bopanna, and Justice V. Ramasubramanian. INTRODUCTION The rights of Rohingya refugees in India, as well as their imprisonment and probable deportation, are at the centre of the …
MOHAMMAD SALIMULLAH AND ANR v. UNION OF INDIA AND ORS. Read More »
ABSTRACT This study looks at the effects of India’s Insolvency and Bankruptcy Code (IBC) on debt collection and corporate restructuring. The 2016 IBC seeks to modernise and streamline India’s insolvency and bankruptcy laws in order to speed up the resolution process, protect creditors’ rights, encourage ethical corporate practices, and enhance the business climate. In order …
ABSTRACT The world is changing and how? Technology is expanding and is influencing each and every aspect of our lives. One such major technological advancement is the development of online platforms, such as Amazon, Zomato, Swiggy, etc. These platforms provide us with the services of online shopping, food delivery, medicines and other necessities delivered to …
GIG ECONOMY: ARE THE LAWS ENOUGH AND WHAT’S BEYOND? Read More »
ABSTRACT This paper is about the most debated, crucial and controversial topic, The Uniform Civil Code enshrined in Article 44 of Constitution of India, its nature, need and extent of its implementation in India. India known for its diverse religion, culture and custom which has been practiced by the people of this country since ages, …
ABSTRACT we really suppose money is that important for justice.? What if the person who is not affluent or any type of Knowledge regarding laws who’s going to represent them also.? What if people are at large progeny affected by commodity.? Who’s going to help them to get Justice.? For the answer to all these …
PUBLIC INTEREST LITIGATION IN INDIA- CATALYST FOR SOCIAL JUSTICE: AN ANALYSIS Read More »
Abstract The paper is about train accident and the compensation for the victims. The paper contains contents about Indian railway, the train accident and its causes , Compensation allowed to victims in Indian Railway Act,1989. The main cause of train accident are derailment and sabotage. Train accident led to loss of death and severe injuries. …
Abstract : A fundamental right that guarantees equality and fairness in the legal system is access to justice. The inability of some people to access justice effectively, however, can result in injustice and a lack of protection for their rights. This paper offers a thorough framework for comprehending and overcoming the difficulties posed by access …
Abstract The ability to alter the human genome through genetic alteration, which entails changing the inherited features of future generations, has become possible because of advancements in genetic editing technology. Although these technologies show a lot of promise for preventing genetic illnesses and improving human potential, they also raise serious ethical questions and provide challenging …
FROM LAB TO LEGISLATION: GERMLINE MODIFICATION AND GENETIC EDITTING IN THE LEGAL SPHERE. Read More »
‘Reproductive freedom is critical to a whole range of issues. If we cannot take charge of this most personal aspect of our lives, we cannot take care of anything. It should not be seen as a privilege or as a benefit, but a fundamental human right.’ – Faye Wattleton Abstract Reproductive rights are an umbrella …
Critical Analysis of Reproductive Rights in India Read More »
Abstract In this research study, the idea of “Quia timet action” is examined in respect to anti-defection laws and intellectual property rights with a focus on its significance. Quia Timet, which translates from Latin as “because it is feared or apprehended,” describes a legal action used to stop an impending illegal act that could bring injury …
ABSTRACT With technology growing at a faster pace than ever, it is important to understand the new liabilities that may occur due to the malfunction of such an expert system. The rise in products that run with the help of AI, such as self-driving cars or expert systems responsible for medical and clinical test puts …
ARTIFICIAL INTELLIGENCE DEFECTS AND LAW OF TORTS: A LEGAL VACUUM Read More »
ABSTRACT This research paper aims to analyze the execution of sedition laws which is in existence since the Victorian era in the context of the upcoming age of information, exploring the challenges in the enforcement of this law and implications that arise in the age of widespread online community and social media allowing global reach. …
Implications of sedition law at the age of information Read More »
ABSTRACT With the development of technology and the COVID-19 epidemic, online platforms that enable the delivery of a variety of goods to customers’ doorsteps have experienced rapid expansion. These “intermediaries,” or platforms, link buyers and sellers of a variety of goods and services. To ensure a balance between user interests and the liabilities, responsibilities, and …
LIABILITY OF INTERMEDIARIES AND SAFE HARBOUR PROVISIONS Read More »
ABSTRACT 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 …
ANALYSIS OF THE ELEMENTS OF IPR – COPYRIGHTS, PATENT RIGHTS AND TRADEMARK IN INDIA Read More »
ABSTRACT – In recent times, the feminist movement is in full force and people have become much more educated about the need for better ways to provide speedy justice to the Rape victims. Yet, the people at the top of the nation (mostly men) have undertones of misogyny, patriarchy, and casual sexism, making it difficult …
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 »
ABSTRACT Financial crimes and money laundering are widespread activities that occur everywhere. Cybercriminals who preyed on the general public, banks, and other institutions were able to accomplish this. The entire planet suffers various losses and injuries as a result. Today’s crime rate has significantly increased. Therefore, the Indian government has implemented the following measures to …
THE EFFECT OF PREVENTION OF MONEY LAUNDERING(Amendment) ACT,2023 Read More »
Abstract The collegium system in India, which governs the selection and appointment of judges, has witnessed notable transformations in recent years. This research paper aims to assess the impact of these recent trends on judicial activism, judicial independence, and the overall justice delivery system. The study begins by providing a historical overview of the collegium …
1. Abstract In recent times, Transgender rights and recognition have received global interest, including India. Although there has been legal and constitutional progress, hurdles remain owing to cultural preconceptions, societal shame, and a lack of understanding in Indian society. This study investigates the legal and constitutional consequences of transgender recognition in India in order to …
Abstract This paper investigates the practice of Talaq-ul-biddat, often known as triple talaq, in Islamic law. Triple talaq permits a husband to divorce his wife unilaterally by uttering the word “talaq” three times, leading to an immediate and irreversible breakdown of the marriage. While the other two kinds of talaq, Talaq-e-Ahsaan, and Talaq-e-Hasan, are sanctioned by Islamic …
Triple talaq in India : an overview of judicial pronouncements. Read More »
ABSTRACT The Central Board of Film Certification (CBFC), functioning under the authority of the Cinematograph Act of 1952, holds the responsibility of certifying films within India. While the classification of films based on age ratings remains a vital aspect, the CBFC’s exercise of certain powers often displays arbitrary tendencies, influenced by prevailing public morality and …
THE KERALA STORY: CRITICAL ANALYSIS OF CENSORSHIP AND “SUPER” CENSORSHIP IN INDIA Read More »
ABSTRACT This research paper explores the legal and ethical aspects of sting operations and phone tapping, aiming to shed light on the challenges faced by investigators and policymakers in balancing effective crime detection and civil liberties. The legal dimension examines relevant statutes, case law, and constitutional provisions governing these techniques across jurisdictions, including issues of …
Abstract: The Citizenship Amendment Act (CAA) is a critical piece of regulation that has produced boundless conversations and discussions, both inside and outside its nation of origin. This research paper aims to comprehensively assess the CAA by examining its implications, controversies, and legal perspectives. By dissecting the verifiable foundation, key arrangements, and constitutional validity of …
Abstract Marriage might be a sacred institution in one religion while a contract in another. Irrespective of being a contract or holy, marriage is an integral part and practice of India. One day or another majority of the Indians get married. It might be in the early stages of their life or later. The Constitution …
PERSONAL LAWS VS GENERAL ACTS: THE CONFLICT OF MINIMUM MARRIAGE AGE Read More »
ABSTRACT : Religion has played one of the most significant if not one of the most important roles in the making of a modern and an Independent India. For Example : It was religion which began the first war of Independence when the soldiers of the British East India Company mutineed because they felt that …
An Examination of the Relationship between Religion and Law in India Read More »
Abstract Second-hand smoking or passive smoking is very dangerous for one’s health and can cause various forms of disease such as various types of cancer in the lungs, pancreas, stomach, liver, kidney, oral cavity, cervix, rectum, chronic diseases, heart diseases, and stroke. Second-hand smoking is a very critical issue as passive smokers are unaware and …
Writ petition (civil) no.961 of 2018 decided on December the 3rd, 2020 INTRODUCTION Throughout history, gambling has been a widespread activity with roots dating back to ancient times. The earliest known evidence of gambling can be traced to China’s ancient civilization, where the first form of gaming originated. References to a wooden drawing in the …
Case Comment: “Skill Lotto Solutions Pvt. Ltd. V Union of India” Read More »
ABSTRACT The world is keen towards practicing basic human and civil rights. In view of that, the Constitution of India also guarantees the fundamental rights to all its citizens. But, the same may not be evoked by the prisoners’. They are misbehaved and ill-treated. Every human being is entitled to certain human rights and being …
ANALYSIS OF PRISONERS’ RIGHTS IN INDIAN CONSTITUTION VIA JUDICIAL INTERPRETATION Read More »
Abstract: Sports have a very special place in our lives. All of us as young people have played sports in an organized manner; few of the people have chosen sports as their career. Sports have their own benefits both, physical as well as mental. Sports is a challenge laid down before you with some rules …
ABSTRACT This paper aims to provide a comprehensive analysis of rights and opportunities of women at the workplace in India. It explores the historical context of participation of women in the Indian labor force, analyzes the existing legal framework protecting women’s rights, examines the challenges faced by women in the workplace, and discusses various initiatives …
Facts of the Case Issues Raised Contentions of the Parties Rationale Decree Passed: The court was pleased to pass a decree of damages and costs in favour of the plaintiff to the tune of Rs2 million (US$28,100) jointly and severally against the defendants. Defects of Law The functionality doctrine’s subjective nature raises problems regarding its …
FACTS The current case was brought against Budhadev Karmaskar [the appellant] in the form of criminal proceedings for the atrocious murder of a prostitute who had refused to have sex with him. The case was concluded by the Calcutta High Court [HC] in 2004 when it issued a ruling declaring the appellant guilty of murder. …
BUDHADEV KARMASKAR V STATE OF WEST BENGAL AND OTHERS Read More »
Abstract This research paper studies and analyzes the evolution of space laws in India, it also states the current trends and recent developments in space law. Space law as the name suggests refers to the rules, regulations, and activities that are performed in outer space. Such activities incorporate international and domestic activities performed by any …
ABSTRACT Same -sex marriage is a new dimension of social realities in ,the Indian society which requires the attention of public at large. Homosexuality is a concept which is continued right from the Vedic period and was having a social acceptance until section 377 of the Indian Penal Code was introduced which made the situation …
Citation: Writ Petition (Civil) No. 793 of 2017 Bench: Chief Justice S.A. Bobde, Justice A.S Bopanna, and Justice V. Ramasubramanian. Facts In the case of Mohammad Salimullah v Union Of India, a writ petition was filed before the Honorable Supreme Court Of India to challenge the decision of deporting Rohingya Refugees who have taken refuge …
Mohammad Salimullah and Anr. v Union Of India and Ors. Read More »
Abstract Issues of Justice, equity and good conscience first arose in the Impey’s Regulation Act of 1781. In the absence of statutes or personal laws, Indian courts use a method of settling cases known as equity, justice and good conscience. The ancient Hindu laws had their own concept of “justice, equity and good conscience”. Like …
ABSTRACT Every person in India has equal rights under the constitution. But does every citizen know this? Even if there is a “Rule of Law” (Equality before the Law) in a democratic nation like India, it is humiliating to remark that its government employees themselves deny the rights of its citizens through extrajudicial executions (custodial violence). Therefore, it …
Abstract “An inefficient insolvency and bankruptcy system stymies the growth and development of credit markets. In 2016, India implemented the IBC to restructure its insolvency and bankruptcy system to lower the NPA burden and boost the economy’s credit and GDP growth rates. It was a transition toward a creditor-in-control system that promised to lower debt …
A Study on Implementation Of Insolvency And Bankruptcy Code 2016 in India Read More »
Abstract: The Indian Penal Code (IPC) of 1860 encompasses an extensive codification that delineates and penalizes a broad spectrum of transgressions. Among the stipulations within the IPC, there exists a provision addressing attempt to perpetrate crimes. The IPC does not explicitly define the term “attempt.” However, in general parlance, it is commonly understood to denote …
A study of provisions related to attempt under IPC,1860 Read More »
Abstract This study or research examines the effects of raising the legal marriage age for women in India. It is a modest attempt to comprehend and appreciate the policy perspective on a government action that is surprisingly common and immediate in the Indian setting. Through this research, a fair, gender-neutral idea has been advanced regarding …
The legal interpretation of the raising woman’s age for marriage in India Read More »
Abstract Adoption as an institution has always been viewed by the Indian government through a rehabilitative and restorative lens. In keeping with this plan of action, on 28 July 2021, the Rajya Sabha enacted The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021 [1]on 7 August 2021, the President ratified it. The newly …
A CRITICAL REVIEW OF THE JUVENILE JUSTICE AMENDMENT ACT, 2021 Read More »
Abstract Marriages in India have always been linked with culture, society and religion, it is a legally recognized union between a male and a female, who are called husband and wife respectively. But in recent times there has been many instances of homosexual marriages, often known as same sex marriages. The LGBTQ community has taken …
ABSTRACT Same -sex marriage is a new dimension of social realities in ,the Indian society which requires the attention of public at large. Homosexuality is a concept which is continued right from the Vedic period and was having a social acceptance until section 377 of the Indian Penal Code was introduced which made the situation …
ABSTRACT Land is a topic of significant importance in India, It is one of the most valued assets in many families, every state has its share of land bordered by a state border, and many people depend on it in terms of extracting rent, business or sale from it. It is in this vein that …
LAND LAWS IN INDIA – A GLIMPSE INTO THE AMARAVATI LAND SCAM Read More »
Writ Petition (Civil) No. 373 of 2006[1] Petitioner: Indian Young Lawyers Association Respondent: State of Kerala Pandalam Royal Family Chief Thanthri Travancore Devaswom Board Bench: Justice Rohintan Nariman, Justice A.N.Khanwilkar, Justice D.Y. Chandrachud, Justice Deepak Mishra, Justice Indu Malhotra Facts 1. In 1990, a plea was submitted to the Kerala High Court seeking a prohibition …
INDIAN YOUNG LAWYERS ASSOCIATION V. STATE OF KERALA Read More »
(Demonetization Case) COURT: The Supreme Court of India Writ petition (Civil) No. 906 of 2016 PETITIONER: Vivek Narayan Sharma RESPONDENT: Union of India BENCH: BR Gavai, S.A. Nazeer, A.S. Bopanna, V. Ramasubramaniam, BV Nagarathna DATE OF THE CASE: 2nd January, 2023 LEGAL PROVISIONS: Section 26(2) of the RBI Act, 1934[1] FACTS OF THE CASE: The …
ABSTRACT – The Term ‘ SPLIT VERDICT ‘ refers to undecided cases in which dividend decisions or opinions are given by the bench of judges of even number by which case is not decided accurately. In the recent cases of the Supreme court various split decisions are given in which their opinions are not matched …
ABSTRACT India has suffered from the problem of Sanitation from years. Poor and dull methods of sanitation has showed many drastic changes to the country in many fields. There have been implementation of various regulations by the government for the improved and developed practices of Sanitation but majorly every such regulation has failed in achieving …
