Introduction As we all know, in India, marriages are frequently decided when both the bride’s and groom’s families agree. However, in the twenty-first century, it is not uncommon for families to object to a marriage. Is the marriage null and void or illegal if the pair continues to marry? Is it necessary to have the …
Laxmibai Chandaragi B & Anr. v State of Karnataka & Ors. (2020) Read More »
INTRODUCTION “Everything comes from labor, nothing without labor. Even Ghee does not come out with a straight finger.” From this verse we are getting to know about the importance of ‘labor’ that nothing is possible without labor, be it in our personal life or professional life. When there is so much importance of labor (shram) …
Laws concerning Cyberbullying in India Abstract “Unless and until our society recognizes cyber bullying for what it is, the suffering of thousands of silent victims will continue” -Anna Marie Chavez India is one most fastest growing and developing country in the world.in the world ranking by different organizations India comes on the 2nd place of …
ABSTRACT Advertisements are the core source of spreading awareness. It is a well-accepted fact that, the role of advertising, in the twenty first century, has grown exceptionally. Not only in earlier times people used to rely on advertisement for information but even to this day it is considered as one of the most influential mediums …
ABSTRACT With digital currency, the exchange cost is low to nothing at all-not at all like, for instance, the charge for moving cash from a computerized wallet to a ledger. You can make exchanges or transactions at anytime of the day or night, and there are no restrictions on buys and withdrawals. What’s more …
WHY INDIA WANTS ITS OWN DIGITAL CURRENCY: THE CASE OF CBDC VS BITCOIN Read More »
ABSTRACT The exigencies of the time mandate a discussion on the former tabooed topic of discussion, that is marital rape. The constitutional challenges behind the lack of legal provisions penalizing and categorizing as marital offence as a crime are evidence to the interconnections that exist between the social fabric and the legal norms. The relationship …
Aman Verma[1] , Kashish Bhardwaj[2] India is a country where the values of men and women are equal. Genders were equivalently respected and raised perfectly for being polite and honest towards each other. There was complete harmony pertaining to gender justice. But as of now, here comes an evolution where we look up to a …
Facts of the Case : The Maratha is a Hindu community which mainly resides in the State of Maharashtra. On July 9th 2014 Maharashtra Government promulgated an ordinance which provide 16% reservation to Maratha community in education and public employment. On 14th November 2014, the Bombay High Court issued an interim order staying the implementation …
Dr. Jaishri Laxmanrao Patil V. The Chief Minister and Ors. Read More »
Introduction As we all know, in India, marriages are frequently decided when both the bride’s and groom’s families agree. However, in the twenty-first century, it is not uncommon for families to object to a marriage. Is the marriage null and void or illegal if the pair continues to marry? Is it necessary to have the …
Laxmibai Chandaragi B & Anr. v State of Karnataka & Ors. (2020) Read More »
( AN ANALYSIS FROM LEGAL PERSPECTIVE ) Table of Contents Title 1 Table of contents 2 Abstract 3 Key Words 3 Introduction 3 Research Methodology 4 Literature Review 4 Objectives 5 Analysis 5 Suggestions 9 Conclusion 10 Bibliography And References 11 Abstract In India, live-in relationships are on the rise as a convenient alternative to …
“No woman can call herself free when she does not own and control her own body” -Margaret Sanger Abstract: Access to abortion and the prevention of maternal mortality are both essential human rights, according to the UN Human Rights Committee. Despite the fact that India decriminalised abortion in 1971 and has a comprehensive framework for …
Analyzing Abortion Laws in India and the path ahead Read More »
INTRODUCTION On 5th of June every year the World celebrate its Environment Day to create awareness about it and ensure its protection. This year 2022 the Environment Day will be celebrated under “ONLY ONE EARTH” theme to conclude no planet can substitute our mother planet Earth at any cost. Environmental laws mean comprising of all …
WATER POLLUTION IN THE MULA-MUTHA RIVER AND PRIMITIVE MIGRATIONS TO CLIMATE REFUGEES. ABSTRACT This research paper focuses on the concept of sustainability and the disappearing islands with specific focus on India. The issue is whether the pollution of the Mula-Mutha river (a local water body) located in Pune can have a small part in contributing …
ABSTRACT As some women due to certain physiological conditions cannot give birth to their own offspring. With the advancement in the medical science, legislative change and shifts in social practices have combined to make surrogacy potentially a more acceptable form in present outline of family creation for more infertile and involuntary childless. With the adoption …
Abstract Marriage in India is an event filled with customs and traditions which have been carried out through the centuries and are still honoured even after so many years. However, even if there are certain customs like saptadi which are necessary to validate the marriage we can also find some customs which could be considered …
Abstract The Kashmir issue is the longest-running and most real between Pakistan and India. Various bilateral and global initiatives failed to fix the problem. The two countries have fought hot and cold conflicts that have harmed their bilateral relations. India’s attempts to strengthen its control of Kashmir through the use of force have always been …
An Analysis of “The Jammu and Kashmir Reorganization (Amendment) Bill, 2021” Read More »
ABSTRACT Marital rape is not defined as a crime in India which is debatable and divergent issue. Except India, many countries have tried their best in making laws for the protection of women. There is a need for immediate criminalization of marital rape. This research paper submits the reason regarding the failure of law in …
Abstract Domestic violence is a form of behavior used to show the power and control over another person, often including threat or use of violence. Domestic violence can include physical violence that can lead to injuries such as bruises or broken bones, sexual violence, emotional abuse which can lead to depression ,anxiety etc. It occurs …
RISE IN DOMESTIC VIOLENCE DUE TO COVID-19 LOCKDOWN Read More »
Abstract Judiciary is the third pillar of every democracy in the world .The purpose of the judiciary is to interpret laws, to strike down unconstitutional provisions and most importantly to serve justice to the aggrieved. People have innovated various new methodologies of committing crimes such as acid attacks, cyber fraud, hate crimes, using technology to …
Introduction The World Trade Organization was supposed to meet a few weeks back, but the meeting was called off due to the travel restrictions imposed due to the overlying threat of the Omicron variant. The main agenda of the meeting was to deal with the proposal to temporarily waive intellectual property rights on pandemic-related pharmaceuticals …
ABSTRACT The word “Media trial” is now the most popular topic in India. A media trial is a term that refers to the media acting as judge, jury, and executioner in news situations, announcing a judgement before the court renders its decision. A media trial is often held “in tandem” with a police inquiry. The …
Abstract One of the most essential social structures is marriage, which really is a method of obtaining a family through which civilization may continue to exist. Ceremonies and rituals are used to symbolize this social practice. 81.4 percent of women between the ages of 15 and 49, the main child-bearing years, are married.[1] Due to …
ABSTRACT Education is a necessary element and one of the most important means of societal progress. Based on their literacy rate, a country’s development could either be appreciated or depreciated. Civil unrest and other social evils result in a lack of education. Child labour is one of the outcomes that calls into question our social …
THE IMPACT OF EDUCATION ON PREVENTING CHILD LABOUR IN INDIA Read More »
Introduction Covid-19 has had a profound impact on the Indian legal system. It has shone a bright light on the archaic ways in which justice is administered, law is taught, and legal services are provided. Coronavirus has tapped into the promise of underutilized tools and new work patterns that the Indian legal business has long …
CITATION 1975 AIR 105; 1975 SCR (2) 97; 1975 SCC (1) 120 Facts : Satya, the appealing party, wedded the respondent Teja Singh on July 1, 1955, according to Hindu rituals. Both were Indian residents and were domiciled in India at the hour of their marriage. The marriage was performed at Jullundur in the State …
M Siddiq (D) Thr Lrs vs Mahant Suresh Das & Ors.[1] (Civil Appeal Nos 10866-10867 of 2010) 2019 1251 SC FACTS This Case has one of the oldest origins in the history of the Indian Judicial System and has also had the attention of the whole nation for a long time. The Case revolves around …
FACTS: The case of Simonin v. Mallac was the first jurisdictional issue before the new court. The petitioner, a Frenchwoman, was living in Paris with her mother in 1853 when she met Leon Mallac, a Frenchman, who proposed marriage to her, which she accepted. The parties traveled to London in 1854 and were married legally …
CASE REVIEW SIMONIN v. MALLAC (1860), 2 Sw & Tr. 67 Read More »
Abstract “Constitution is for the people, people are not for the constitution. Change it for the betterment of the common man” The constitution is the supreme law of the country. All laws, rules, and regulations that are enforced in a country are required to align with the constitution. Yet, the constitutions are not perfect. As …
The scope and procedure of constitutional Amendments – A comparative Analysis Read More »
ABSTRACT The paper highlights the property as well as the inheritance rights of the transgender community of India. Transgender people have been a part of Hindu mythology since time immemorial. They have been an essential part of the Ramayana and the Mahabharata. In India, the legal system is supreme, and everybody is treated equally under …
PROPERTY RIGHTS OF INDIA’S TRANSGENDER COMMUNITY: NEED OF THE HOUR Read More »
ABSTRACT: Education in India, since ancient times, is always considered to be a privilege which was provided to the wealthy people in the society. However, with the advent of the Industrial Revolution and the modernization in the society, education is considered as a necessity. The Constitution of India has included education as a basic human …
IS EDUCATION A SERVICE UNDER CONSUMER PROTECTION ACT 1986? Read More »
Abstract The article dwells upon the problem of ‘Cyber snooping in relation to the recent Pegasus attack’ which showcases the negative aspect of digital life. The research paper goes on to talk about how in the name of ‘National Security’ the government has denied giving information about things that infringe the rights of its citizens. …
Pegasus, National Security and Data Protection Laws in India Read More »
ABSTRACT “A strong economy is the source of national strength.” Insolvency and bankruptcy code,2016 is the second most crucial reform in the legal setting of India. It is because Insolvency and bankruptcy code is not only making India emphatically powerful in the field of the legal environment but also provides a new identification and recognition …
ABSTRACT In a democratic set up, free speech and expression is considered to be a fundamental right which is not absolute but subject to certain reasonable restrictions, defamation being one of them. In this paper researcher explores the term defamation and a comparative analysis of the defamation laws. The recent development in the legal arena …
ABSTRACT The primary notion conveyed by torts definitions is that a tort is a civil wrong that may be recovered through a civil action for unliquidated damages and is not a violation of contract. In India, tort law is mostly founded on common law rather than statute. As a result, there is no written text …
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AND SEXUAL HARASSMENT AT WORKPLACE Read More »
(Criminal Appeal No.951 of 2019) FACTS: Satvinder Singh Saluja and others (appellant) were going in a private car bearing No.JH-11K/8146 from Giridih, Jharkhand to Patna, Bihar, to attend a Rotary Club meeting on June 25, 2016. The car was halted for a check-up at Rajalui checkpoint in Bihar’s Nawada district by Sub-Inspector Sachidanand, Bharati. During …
Satvinder Singh Saluja and others v. the State of Bihar Read More »
“Better that ten guilty persons escape than one innocent suffer” – william Blackstone Abstract – The following research paper explores the concept of wrongful convictions, the prevalence in India as well as other countries, underlying factors that lead to such convictions as well as the proposed remedies keeping in mind the need for the present …
Wrongful Convictions and proposed remedies to reduce such convictions Read More »
ABSTRACT A democratic government attaches great importance to the freedom of its citizens. Hence the two rights namely Right to Information and the Right to Know plays an imminent role in shaping a democratic country like India. These rights are the key to strengthening participatory democracy and it ensures more people-centred development as it ensures …
CRITICAL ANALYSIS ON RIGHT TO KNOW AND RIGHT TO INFORMATION Read More »
SHAFIN JAHAN VS ASOKAN K.M., 8th MARCH, 2018CRIMINAL APPEAL NO. 366 OF 2018(Arising out of S.L.P. (Crl.) No. 5777 of 2017) FACTS:Hadiya Jahan, known initially as Akhila Ashokan, was a Hindu. She converted her religion into Islam when studying Homeopathy (BHMS) from Shivraj Homeopathic Medical College, Salem in Coimbatore, Tamil Nadu. She stayed in a …
Abstract:- The technological revolution has resulted creating a new type of currency known as cryptocurrency. It is only available in electronic or digital form and can only be traded online. Because of their increased privacy and lower transaction costs, virtual currencies have grown popular. The increased use and interest in these currencies by people worldwide, …
ABSTRACT Hindu women’s property rights have been subject to alterations since the Vedic era. Women’s equal status with males is now being rejected, and they are being placed in a very inferior position. Great writers such as Narada, Yajnavalkya, and Vyas have recognised the right to ownership in ancient Hindu law. They believe that they …
POWER AND POSITION OF FEMALES IN HINDU JOINT FAMILY Read More »
Court: In the Supreme Court of India Civil Original Jurisdiction Case No: Writ Petition (Civil) No. 13 of 2015 Citation: (2016) 5 SCC 1, (2016) 2 SCC (LS) 253 Petitioner: Supreme Court Advocates on Record Association Respondent: Union of India Bench: Justice Jagdish Singh Khehar, Justice Chelameswar, Justice Madan B. Lokur, Justice Kurian Joseph, Justice …
ABSTRACT In the field of Intellectual Property Rights, Trade Mark and Trade Name are the two most important concepts. Both share some similarities as well as some major differences. The Trade Name is known by different names in different nations. The rules relating to Trade Name protection also depend upon a state-to-state basis. This paper …
ABSTRACT: Some products and services gain so much fame due to their quality and work that people start recognising them from their mark. The most prominent example of this is Nike Company’s swoosh symbol. The customers associate the quality of the product with their trademark. However, unauthorised use of these symbols is also evident in …
INTRODUCTION “She, who never knew which box to tick, which queue to stand in, which public toilet to enter She, who knew she was all wrong, always wrong. She, augmented by her ambiguity.” – Arundhati Roy Marriage is believed to be among the most important aspect of one’s life and personality, both legal and economic. The …
ARUNKUMAR AND SREEJA VS. THE INSPECTOR GENERAL OF REGISTRATION AND ORS. (2019) Read More »
ABSTRACT- The paper deals with how out prisoners were vulnerable all throughout the phase of COVID 19. Putting the blame on the pandemic is an escape way which has no dead end. Numerous instances have been incorporated to show the real picture of the condition of prison cells and the trauma that prisoners had to …
Condition of Prisoners in COVID 19- Stance on India Read More »
A nation that destroys its soils destroys itself. Forests are the lungs of our land, that purifying the air and giving fresh strength to our people. Forests play an important role in our life. They facilitate us various resources like raw material, oxygen and many more. But humans are cutting the forests at a large …
The caste based reservation system has all been in controversies, discussions, and riots type’s perturbation in India. Some are in favour of and others are against the policy. The adherents believe that the system can protect and uplift the weaker section in the society. On the other hand, the adversaries argued that casted based reservation …
CASTE BASED RESERVATION SYSTEM IN INDIA: ISSUES AND PERSPECTIVES Read More »
ABSTRACT: At first glance, Intellectual Property Rights and Space Law appear to be separate areas of law. A national law protects the creator from exploitation but international law enables the exploration of Outer Space without unreasonable restrictions or limitations. Two UN conventions and treaties, as well as UN principles are examined in-depth as well as emergent concerns arising from the …
TO STUDY THE ISSUES AND CHALLENGES FACED BY INTELLECTUAL PROPERTY RIGHTS IN OUTER SPACE Read More »
This case Analysis is given by P. Poojitha currently pursuing B.A.LLA(Gen) from the Dr. Ambedkar Global Law Institute, Tirupati. Citation Appeal No’s: 9367-9369 of 2011 (Civil Appellate Jurisdiction) Bench: Dr. Dhananjaya Y Chandrachud, and Hemant Gupta. Date of Judgment: 17 February 2020 Court: Supreme Court of India Appellant: The Secretary, Ministry of Defence Respondents: Babita …
The Secretary, Ministry of Defence V. Babita Puniya and Ors. Read More »
ABSTRACT According to the Section 375[1] and 376[2] of Indian Penal Code says that only a man can be convicted of committing Rape and the victim should only be a woman. Therefore, the law relating to Stalking, Rape, and Sexual Harassment is gender-specific i.e., the perpetrator can only be Man and while the …
Case Comment SUBJECT INDEX SR.NO SUBJECT PAGE NO. 1 EFFECT OF JUDGEMENT 4 2 FACTS 5 3 ISSUES RAISED, CONTENTION, RATIONALE 6 4 …
ABSTRACT Article 21. Protection of Life And Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law. Among the six fundamental rights, the Right to life is the main part of a fundamental right in the indian constitution. THE SUPREME COURT OF INDIA has described …
Name of the Case: 2013 Shakti Mills Gang Rape Citation: Unit-VII in C.R.No.18 of 2014 Bench: Shalini Phansalkar-Joshi Date of Occurrence: 22nd August 2013 Introduction The 2013 Mumbai Gang Rape case is a very known case that has spread all over the internet. It is also named after the Shakti Mills Gang rape case because …
SHYAMASREE KAYAL SOUTH CALCUTTA LAW COLLEGE “If I was asked to name any particular article in this Constitution as the most important — an article without which this Constitution would be a nullity — I could not refer to any other article except this one (Article 32). It is the very soul of the Constitution …
ARTICLE 32 OF THE CONSTITUTION OF INDIA: RIGHT TO CONSTITUTIONAL REMEDIES Read More »
( Civil appeal no. 4412 and 4413 of 1985) 1986 AIR 1571 , 1986 SCR(2) 278 Court Supreme Court of India Name of the case Central Inland Water Transport Corporation Ltd V. Brojo Nath Ganguly Civil appeal no. 4412 and 4413 of 1985 Appellant Central Inland Water Transport Corporation Ltd and Ors …
The Central Inland Water Transport Corporation Limited Vs. Brojo Nath Ganguly Read More »
(Cr. A. No. 171/2010) Coram: G.S. Ahluwalia and Rajeev Kumar Shrivastava J.J. Facts of the Case The Appellant/Accused named Ramnarayan was arrested for allegedly killing the deceased named Jaswant. According to the prosecution’s story, the complainant Banwari, along with his injured father Jaswant, lodged a F.I.R. in Police outpost, alleging that at about 8 P.M., …
ABSTRACT A patient goes to a medical practitioner in order to seek treatment for any problem that they have been facing. However, the human body has a complex mechanism and sometimes the treatment for every problem is not available. After all, a doctor too is a human, and it is not possible that they never …
MEDICAL NEGLIGENCE: REMEDIES AVAILABLE TO THE PATEINTS UNDER VARIOUS LAWS Read More »
Alie Vashishtha Abstract The emergence of the pandemic has revolutionized the world upside down and especially, in a developing country like India. The country is known for its diversity, values, ethics, and most eminently for its democracy and freedom. These have led to citizens who have played with the legal structure and system of the …
Abstract: A Contract is a legally binding agreement. When discussing contract law, one of the most frequently used terms is ‘capacity.’ In today’s globalised world, it is critical for a party to have the ability to contract in order to engage in commercial transactions. This article will discuss how one person is or is not …
ABSTRACT This paper chiefly categorized in the arena of privacy and technology and this paper, it deals with the term of privacy and data collection and constitutionality of privacy term, as the right to privacy as a fundamental right under the constitution of India and touch the different areas related to privacy issue like- cyber-crime, …
ABSTRACT: The Indian Companies Act 2013 has brought in significant changes in the merger and acquisitions (M&A) regime. With the introduction of new provisions allowing cross border mergers and global integration — both inbound and outbound, enhancing disclosure norms and fast track mergers, increasing protection to minority and investors, incorporating business friendly corporate laws, etc., …
CHAPTER I – INTRODUCTION There is no such thing as a society without crime. Anti-social elements have planned their actions around the time and opportunities provided by society. The primary motivation for street criminal activity is thought to be the fulfilment of material demands. However, there are certain criminal gangs that target societal needs and …
Introduction Financial fraud has never been an uncommon phenomenon in a country’s economy. However, in the past 34 years, India has seen a large number of unwanted frauds. However, with the recent outbreak of India’s largest bank fraud case (PNB Bank) which exceeds the amount of more than 11.400 crores has finally showed signs of …
Abstract “I am afraid that one-day technology will surpass our human interactions, and then the world will be left with only a generation of idiots.”-Albert Einstein- Humans have addicted to use internet unlimitedly with the new technology. High speed internet, technology and smart devices are the positive aspects of the world today. But its negative …
Sri Lankan and Indian Legal Framework of Cyber-Crime Read More »