PUBLISHED BLOGS

Anti-Defection Law: Fallacy in the Intent or Practice? Source: Anti-Defection Law

Author name: Tarun TyagiYear: 3rd Year BBA LL. BInstitutional Affiliation: Student at Delhi Metropolitan Education. Abstract Recent political turmoil in Maharashtra divulges an ingrained intricacy of the Indian political and legal system, which from time to time has proved the system meaningless, defections. From a tumultuous defection of Gaya Lal in 1967 to recent developments,…

CASE STUDY: A CRITICAL ANALYSIS OF NETFLIX ENTERTAINMENT SERVICES INDIA LLP FROM A DATA PROTECTION PERSCPECTIVE

Author name: Aastha Bhandari  Year of study: 4th Institute of Affiliation: Jindal Global Law School  Abstract: This article presents a case study through the course of analyzing the Privacy Policy of Netflix India, one of the biggest OTT platforms operational in India. The subject-matter of  this analysis extends to mapping this Privacy Policy against the requirements…

CRIMINALISATION OF MARITAL RAPE UNDER SECTION 375 IPC, 1860: AN IMPERATIVE

Author: Sanjukta Majumdar Year of study: Fourth-Year Institute of affiliation: Dept. of Law, University of Calcutta ABSTRACT Although the laws in India provide adequate protection to married women against other forms of violence within the confines of marriage, they fail to recognise and criminalise marital rape. Various Law Commission Reports, parliamentary debates, and judicial precedents…

IMBROGLIO OVER WATER: A RIPARIAN CONFLICT ANALYSIS OF ETHIOPIAN DAM PROJECT

Author: Simran Srivastava Year of study: Second- YearInstitute of affiliation: Gujarat National Law University, Gandhinagar Abstract- For decades, there have been disagreements about the Nile River’s water. The purpose of this study is to examine the present water dispute between the three Nile Basin riparian countries of Egypt, Sudan, and Ethiopia, which is centered on the construction and…

LEGAL RIGHTS OF A NOMINEE: A SHIFT AFTER THE INSURANCE AMENDMENT ACT 2015

Author: Aditi Mishra Year of study: Third yearInstitute of affiliation: NMIMS University, School of Law, Mumbai ABSTRACT The debate regarding the rights of a nominee vs. the rights of a legal heir has come up in courts several times. While there have been contradictory judgments, it has been settled that the rights of the legal heir will prevail…

THE EMERGENCE OF ODR DURING THE PANDEMIC: AN EVOLUTIONARY LEAP IN THE INDIAN DISPUTE RESOLUTION SYSTEM

Authors – Akhil Surya and Reet Balmiki  Year of study – Second year Institutional affiliation – NALSAR University of Law, Hyderabad ABSTRACT The Indian dispute resolution system is ever-evolving with new developments and challenges. With overburdened courts and a crippling pandemic, ODR comes in like a fresh breeze. ODR provides timely, cheap, and easily accessible justice. However, ODR is…

 Limited Liability Partnership. (Amendment) Act 2021: Bolstering ease of doing business in India.

Author: Jay ShahYear of study: 4thInstitute of affiliation: NMIMS University, School of Law, Mumbai. ABSTRACT In order to promote ease of doing business in India, especially for start-ups and other stakeholders of the corporate world, it was paramount to decriminalize certain compoundable offences that involved very minor procedural violations of the Limited Liability Partnership Act,…

THROWING A BRIEF LIGHT ON PEGASUS MALWARE

Authors: Soundarya.S and V.L .Rajamatangi Year of study: 3rdInstitute of affiliation: School of Excellence in Law Image Source: cloudsek.com ABSTRACT Pegasus is of news today. It has triggered a major political controversy in India and around the world.  This triggered major political controversies and it has a global collaborative character. It mainly targets the opposition parties, journalists,…

INFRINGEMENT OF DEMOCRACY: A CLOSER LOOK INTO ‘SEDITION LAWS’

Author: Het Dholakia Year of study: 2ndInstitute of affiliation: Symbiosis Law School, Nagpur Image Source – https://www.gettyimages.in/detail/news-photo/activist-during-a-protest-demanding-the-release-of-kanhaiya-news-photo/513468372 ABSTRACT  Sedition laws have been highly debated for their relevance in a post-colonial India.Earlier it was used by the British to silence the freedom fighters of our country, but ever since then; they are still in existence in 2021, sometimes being…

AMAZON: THE NEW EAST INDIA COMPANY?

Author: Nishtha Mittal Year of study: 5th year (B.A. L.L.B. (Hons.)Institute of affiliation: Amity law school Delhi (GGSIPU) ABSTRACT E- Commerce platforms have become the new supermarket for the world. Having great advantages like- door to door delivery, variety of options at affordable prices, it also acts as a great threat to privacy of personal and financial…

SHAPOORJI AND CO. v. RATTAN POWER: COMPELLING NON-SIGNATORY TO ARBITRATION 

Image Source: istock Author: Avik Sarkar Year of study: 4th-year Institute of affiliation: K.L.E Society’s law college, Bengaluru ABSTRACT An arbitration always arises out of violations of contractual agreements. According to the general rule, it is always the signatories of the contractual agreements that are parties to the arbitration. But of late, there has been a contentious…

A COMPREHENSIVE ANALYSIS OF THE NEW IT RULES

Author: Ashutosh Yadav Year of study: 1st  Institution of affiliation: Dr. Ram Manohar Lohiya National Law University AbstractThis article is set in the backdrop of the notification issued by the Ministry of Electronics and Information Technology dated 25th February 2021 which implemented the new The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) soon…

THE ROLE OF SHAREHOLDER ACTIVISM IN REVOLUTIONIZING CORPORATE GOVERNANCE

Name- Ankita Sengupta College: School of Law, KIIT University Abstract This article explores the impact of shareholder activism on corporate governance in India. Power of the shareholder’s rights and the use of its rights in bringing revolutionary changes in the composition of the board are commendable. With the better implementation of mandatory rules in governing…

USE OF NUCLEAR POWER SOURCES IN OUTER SPACE

Author : Soubhratra Bhattacharjee College: Jogesh Chandra Chaudhuri Law College, University of Calcutta Year of Study: 3rd Year Abstract Nuclear Power Sources (NPS) are now used widely in various space missions by space agencies. The main objective behind the use of Nuclear power sources (hereinafter, NPS) in space is to utilize their compactness and long…

ANALYSING THE IMPACT OF THE BREAK FEE CLAUSE IN AN M&A TRANSACTION

Author: Nandini Shenai Year: 4th year BBA.LLB (Hons) Institution: NMIMS School of Law, Mumbai Abstract While the financial sector is still reeling from the Pandemic’s ramifications, parties are being extra vigilant when it comes to M&A Transactions. As a result, it is imperative that steps be taken to increase the certainty of the agreements. A…

IBC AND ROLE OF PERSONAL GUARANTORS: HOW THE SUPREME COURT DEALT WITH IT

Authors: Swarnendu Chatterjee, Managing Associate, L&L Partners and Advocate on Record, Supreme Court of India Yashika Bhardwaj, 3rd Year student, Amity Law School, Noida ABSTRACTIn the backdrop of notification issued by Ministry of Corporate Affairs dated November 15, 2019 which implemented Part III of the Insolvency and Bankruptcy Code the blog deals with two issues…

EUTHANASIA: RIGHT TO LIFE INCLUDES RIGHT TO DIE

Name: Visheshta Kalra  Institution of affiliation: Amity Law School,Noida  Year of Study: 4th  ABSTRACT:Article 21 of the Constitution of India is the source of the multitude of rights and freedoms that go to establish the most hallowed principal right to life. The Supreme Court has been deciphering Article 21 in a more extensive sense and…

SOCIAL MEDIA: A FREE REAL ESTATE TO EXERCISE FREEDOM OF SPEECH AND EXPRESSION

Authors : Sanjana Dayal and Alankrita Katiyar Year, Course and College : 3rd yearBBA LLB (corporate laws)University of Petroleum and Energy Studies, Dehradun. ABSTRACTArticle 19 of the ICCPR deals with freedom of expression to see, receive and impart information of all kinds through any social media of individual choice. The right to freedom of speech…

COVID-19 Vaccines: Are Patent Rights Still Ethical?

A case for compulsory licensing Author: Diya Dave Institution: NALSAR University of Law, VI Semester Many consider patent rights to be ethical rights as they advance innovation and incentivise the production of knowledge. The need to balance patent rights with access to information and essentials is the most popular discourse in today’s time. Generally, this debate…

Harry Potter and the magical world of IPR

AUTHOR: Sonal Lalwani Semester VI B.A., LL.B. (Hons.)National Law University, Jodhpur The following article analyzes the success of the Harry Potter books as a case study. The author objectively interprets the monetization process of the book and how it became a global phenomenon. An honest attempt has also been made to understand the branding strategy…

The delusion of inclusivity in the National Education Policy,2020

Authors: Md. Zeeshanuz Zaman & Shubhra Pandey, 4th year, B.A.LL.B., University of Calcutta, Department of law Abstract This article includes a critical analysis of the recent National Education Policy approved by the Union Cabinet in July 2020. It has been a topic of intense discussion since its very inception. Various academicians have deliberated on the…

Scrutinizing technology and data privacy from the perspective of law

AUTHOR Name: V. Mangala Institution: Siddharth College of Law, Mumbai University Year: 3rd year of 3year LL. B course Name: Eshan Atul Borikar Institution: Siddharth College of Law, Mumbai University Year: 3rd year of 3year LL. B course ABSTRACT The article highlights the loopholes in the current legal framework for data protection and data privacy.…

Is the Treaty-making Power under our Indian Constitution in consonance with Constitutional Principles? Not Quite So

Author- Vijpreet Pal, 3rd semester, BALLB (Hons.), National Law Institute University, Bhopal Co-Author- Sanskar Modi, 3rd semester, BALLB (Hons.), National Law Institute University, Bhopal 1.     ABSTRACT International law is considered a soft law that operates on the basis of the consent of the member states. No state can separate itself from the international arena and…

TRANSGRESSION IN CYBERSPACE OF WOMEN: ISSUES AND REMEDIAL MEASURES

Author: Kabir Jaiswal [Student, National University of Study and Research in Law, Ranchi, Jharkhand] Co-author: Dr. Mona Purohit [Dean of Faculty, Department of Legal Studies and Research, Barkatullah University, Bhopal, Madhya Pradesh] Abstract Crime is manifestation of myriad complex factors. The genesis of crime can be traced to interplay of various social, economic, demographic, local…

Farm Law – Is it a boon or bane

Author: Mohamed Sultan Maricar, Crescent School of Law ABSTRACT The 3 major agricultural reforms Laws are the Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, Farmers Produce Trade and Commerce (Promotion and Facilitation) Act, Essential Commodities (Amendment) Act. The Bill has its own pros and cons. In one aspect, in the eyes…

Khadi v Khadi – Khadi’s Plight in the EUIPO

Sneha Tripathi  4th year, B.A.LL.B (Honors) Hidayatullah National Law University, Raipur  Abstract Khadi is a cultural symbol and provides identity to Indian goods in the international market. The brand’s zeal to continue being engraved as an identity has lead to a fight of infringement against a trademark application of a German Company Best Natural Products…

IBC Amendment 2018 & 2019:A boon or a bane to homebuyers?

By- M.Gnana Deepika INTRODUCTION Insolvency and Bankruptcy Code was enacted in 2016 to resuscitate both the Creditor and the Corporate Debtor. This Code consolidates and amends the provisions relating to Insolvency petitions’ filing for liquidation of companies, partnership firms, limited liability partnerships, and individuals in single legislation.  It provides for a time-bound resolution of the…

Mandatory Airbags – A compromise to passenger safety?

Abstract:Passenger safety has always been a matter of concern in the automotive world. With the ever increasing density of vehicles on the road, the drastically increasing speeds, more and more exposure of vehicles to the younger generation and the availability of financing options has led us to ponder over the importance of safer vehicles, both…

Corona – Assassin Of Dead’s Dignity

Ayesha Afrose and M. Anantha Pavithra, B. S. Abdur Rahman Crescent Institute of Science and Technology Abstract: In this age of pervasiveness, not only life but also death has changed. Increasing deaths during Covid-19 have led to various omissions. The burial or cremation of the deceased is never the same during this epidemic, but the…

Refinement In Antitrust Regulation Of Big Data

Adv. Subramanya V. Mysore ABSTRACT “Big data” is a buzzword in the technology space of late; its reach is beyond the horizon. To name a few, big data is being devised in healthcare, public administration, sports, financial markets, and now in the legal realm. With increased penetration of big data in business operations and in…

Should India Become a Signatory Member to The 1951 UN Refugee Convention?

AbstractAs a 21st Century Indian pupil, the sensitive matter of Rohingya Muslims was my introductionto the concept of refugees. After going deep into the topic, it fell under some light that India hasbeen acting as home to many refugees from ages. Through this blog, I have tried to highlight afew points with respect to the…

Blasphemy Law in India

AbstractIndia is the world’s second most populous country in the world with 136.6 crore people.The socio-cultural diversity is unique in its way. Article 25 of the Indian Constitutionstates, “Freedom of conscience and free profession, practice and propagation of religion”with reasonable restrictions. Every religion has its own ideology and practices because ofwhich there are chances that…

EIA 2020 Draft compromising health and nature for crony Capitalists

ABSTRACT The ministry of environment, forest and climate change has issued a draft Environmental Impact Assessment (EIA). It evaluates the impact of a proposed project that is likely to have significant environmental effects. It finds all the possible ways to reduce waste generation and optimize the usage of resources. The main goal is to facilitate…

A Brief analysis of Anti Terror of Legislation (UAPA)

ABSTRACT The security of the nation is every government’s foremost concern. India being the most affected country by terrorism focuses more on security laws. From the Indian Parliament Attack 2001, Mumbai Attack 2008, URI Attack 2016, to Pulwama Attack 2019 and many more India has faced a serious threat to its integrity. Meanwhile, the government…

COVID-19 and Investment Arbitration : The road ahead

Abstract The COVID-19 outbreak has been declared a pandemic by the World Health Organization. People are encouraged to adopt social distancing as the world comes to a halt to combat the deadly disease. This has led to the sealing of state borders, shutting down of businesses and suspension of contracts. Needless to say, international contracts…

Marital Rape: The Legal Chains Of Marriage Vows

ABSTRACT The institution of marriage is one of the most significant pillars of the Indian culture and heritage since the beginning of time, however, the changing Indian scenario has revealed the existence of rape within the bond of marriage, though still not recognized by the Indian law and ignored by society. This article posits the…

Legalizing Gay marriages

ABSTRACT The landmark judgment on 6th September 2018 scrapped the criminality of homosexuality as defined under section 377 of the Indian Penal Code, 1860 and opened up many probabilities for the queer community. On the whole, knowing how family inclined India is, a libertarian step in normalizing queer rights is legalizing gay marriages. Same-sex marriage…

The Plodder of the Pandemic on Child Labors.

Abstract At a time when the pandemic has consumed all of our attention, we have overlooked some more important causes that deserve an immediate focus. Child Labor has always been a social menace. But, it has been particularly aggravated due to the effects of the lockdown. As a country which is at the prime of…

Judgements Moored To Gender Stereotypes That Proselytize Sexism

Abstract  The basic purpose of this blog is to bring into light the difficulty as faced by the victim due to stereotypical ideologies of the judges trying their cases. In this blog, we have discussed, by means of a study and certain cases, various comments by the judges which are quintessentially sexist and misogynistic. This…

Is India’s New Liberal Abortion Law Truly “Liberal”?

Abstract: In India, the Medical Termination of Pregnancy Act, 1971 came in a time when discussions about women’s reproductive health were still in a nascent stage across the world, but the law has gotten quite obsolete in the present times. With 15.6 million abortions taking place in India per year of which 78 per cent…

COVID-19: A Trigger To Mental Health

ABSTRACT The spread of coronavirus has shaken not just India but almost every country in the world. Even though every individual is affected by the economic fall, the psychological effect is much larger. While for some it is just rising numbers in losses others are finding it difficult to fight this mental battle for survival.…

Marketing & E- Commerce Under The Purview Of Consumer Protection Act, 2019

Abstract The article is based on the recent amendment that took place in the Consumer Protection Act, 2019. The amendment has played a pivotal role in changing the marketing strategies of the business enterprises by prohibiting business enterprises to make false claims about their product. The Act also cover the E-Commerce platforms as well. Two…

Analysis Of The Current Legal Standing Of Crypto-Currency In India

Abstract The utility of crypto-currency had always been a juncture of dispute due to its mysterious and unsettled legal position. But, the recent judgment of Supreme Court has opened up new avenues for crypto-currencies in India and thus, in recent times, crypto-currencies have been reaping a lot of attention and are gradually becoming the talk…

Critical & Comparative Analysis Of Doctrine Of Res Gestae & Dying Declaration

Abstract This article deals with some basic concepts of the law of evidence. Here, we are elaborating on the doctrine of Res gestae and dying declaration under section 6 and section 32 of The Indian Evidence Act, 1872 respectively. The law of evidence is a procedural law, in which if there is any absurdity, it…

The Need For Emergency Arbitration In India In The COVID-19 Predicament

Abstract Today, numerous commercial disputes are submitted to arbitration. Many times certain circumstances arise wherein a party needs a specific urgent relief so as to prevent a greater loss in the future. Emergency arbitration is a process in which a party can obtain an urgent relief before the constitution of the arbitral tribunal. In the…

Should Religious Boards Be Incorporated?

Abstract The Churches of South India (CSI) Trust Association (in short, ‘The Company’) is a public charitable trust registered under Section 25 of the Companies Act, 2013 for the promotion of religion and other charitable purposes. As the primary object of any religious charitable institution, the company aims at giving monetary assistance to societies, hostels,…

Copyright Infringement: A Cognizable Offence Or A Non-Cognizable Offence?

Abstract: Copyright is an exclusive legal right vested in the owner of a work which maybe an artistic, literary, dramatic, musical, cinematograph piece or any other. It’s a unique Intellectual Property Right as it protects one’s work without registration, and is born from the point of creation. Hence, registration though advisable, is not compulsory. Though…

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