MURDER AND CULPABLE HOMICIDE
by Kumar Saurav dev Homicide is a term that originates from the Latin term ‘Homo’ means human and ‘Cida’ means killing. Homicide is a killing of a human being by a human being. It can be both lawful and unlawful. If the act falls within the general exceptions (chapter iv), then it will be considered…
JUDICIAL INTERPRETATION OF RIGHT OF REFUGEES
By Geetanjali Sharma This article explores the influence of the existing ad hoc structure of the legal framework that controls refugees in India on the basic parameters of refugee treatment under Indian law and administrative practice. It examines India’s normative commitment to refugee protection, as well as judicial efforts to broaden refugee protection and administrative…
ANALYSIS OF SECTION 161(3) CRPC
By Kashish Batta ABSTRACT Before a trial is started in court there are certain procedures that must be followed known as pre-trial procedure or pre-trial process. There are many stages in an investigation process, one of which is a police investigation. The most important reason which is there for conducting an investigation is the evidence…
TAX APPLICATION ON MONETARY REWARDS OF MEDAL WINNERS OF THE OLYMPICS
by Anurag Yadav Abstract: This article is talking about the issue whether monetary rewards given to medal winners of the Olympics are taxable? It also tell about the important section 10(17A) which clear about this question and also the Central Board of Direct tax, Circular that clears doubt regarding this question and also the judgment…
CONDONATION OF DELAY UNDER THE LIMITATION ACT
by Ekta Vats INTRODUCTION Condonation of delay means the extension of the limited time period as given under the limitations act,1963. The aggrieved party needs to show sufficient cause for the delay and if the court finds it as sufficient then such appeal or we can say the application is admitted by the court even…
BREASTFEEDING LAWS: LAWS IN INDIA, USA, AND UK
by Chesta Bamel ABSTRACT: “A mother’s love for her child is like nothing else in the world. It knows no law, no pity. It dares all things and crushes down remorselessly all that stands in its path.” -Agatha Christie The love of a mother towards her child is incomparable. There are so many modes of…
BLACK LIVES MATTER MOVEMENT: A GLOBAL ANALYSIS
By Anurag Yadav Abstract: This article is dealing with Black People’s movement and their life around the world. It discusses in detail the deterioration of Blacks since the period of colonisation to the contemporary world. It also deals with the problems faced by Black people and also the necessary reforms to raise their standard of…
SECTION 80 CIVIL PROCEDURE CODE AND ARBITRATION ACT: AN ANALYSIS
By Ekta vats ABSTRACT This article basically talks about section 80 of CPC,1908 and Arbitration Act, 1996. In introduction part it deals with the question of the fact that why this act is being implemented. Under CPC, this article mainly covers the nature, object of section 80 of CPC and also case laws Under Arbitration…
Various Modes of Divorce under the Muslim Law
By Chesta Bamel Abstract: Family is a set of persons who are non professionally related to each other and the marriage is the thread which connects all those family members, especially children. But, is it possible to break that thread? The answer is yes, is can be, with the help of divorce. The pattern of…
CUSTODIAL VIOLENCE: AN INFRINGEMENT OF HUMAN RIGHTS
By Chesta Bamel ABSTRACT: Violence is one of the biggest elements to kill the humanity. It can be in any form like a murderer, a thief, sometimes the police. Yes, the police, sometimes does heinous crimes, by misusing their powers, it is called Custodial Violence. Custodial Violence is considered as one of the torturous forms…
THE PREEMPTIVE EFFECTS OF PRIVATISATION
by Tayyaba Siraj “Privatisation is a bitter pill but it is a pill that we must curve” INTRODUCTION Privatisation refers to the transfer of ownership of any enterprise from the government to the private sector. By implementing it, the government then ceases to be the sole owner of the entity or business. Privatisation, implemented through…
Right of Prisoners in India: A Comparative Analysis to USA, UK and Australia
by Saptak Majumdar “Crime is the outcome of a diseased mind and jail must have an environment of hospital for treatment and care”. – Mahatma Gandhi Abstract: When a person commits a crime and is punished for it, it does not make him inhuman. Therefore, the State has no right to treat his…
ANALYSIS OF THE EXTRADITION LAW IN INDIA
By Kashish Batta Increased inter relations between countries and also with advent of the globalization, offenders can easily escape to other nation to avoid the prosecution. With the advent of various laws still India is facing issues in order to extradite offenders from requested state or nation. This article talks regarding the various issues, suggestion…
ELECTRICITY BILL AMMENDMENT, 2021: AN ANALYSIS
by Anurag Yadav ABSTRACT This article tells us about the recent amendment made to electricity act 2003after last amendment made to this act in 2013 and the government is planning to made amendment in this bill that will be known as Electricity (Amendment) Act 2021. It tells us that how this reform can be considered…
Case Summary: MIHEER H MAFATLAL V. MAFATLAL INDUSTRIES LIMITED (AIR 1997 SC 506)
by Sonika Bisht IDENTIFICATION OF PARTIES Appellant: Miheer H Mafatlal Respondent: Mafatlal Industries Limited Decided on: 11.09.1996 Bench: Supreme Court of India: S.B. Majumdar J SUMMARY OF FACT MFL the transferor-company was suggested to be integrated with the respondent-company MIL. The directors of the respondent-company MIL as well as transferor-company MFL approved the proposal for…
FAST TRACK MERGERS AND ACQUISITIONS IN INDIA (NEW PROVISIONS IN COMPANIES ACT, 2013)
by Rashi Srivastava Abstract The whole procedure of effectuating a Merger or acquisition deal is hectic and tedious in nature, mostly in the cases of small companies. In order to come over this problem, fast-track mergers were introduced by the Ministry of Corporate Affairs on December 15th, 2016, and have been categorized under Section 233…
Hindustan Lever Employees Union v. Hindustan Lever Limited (AIR 1995 SC 470)
By Vartika Johri ABSTRACT “Two plus two is not sometimes equal to four! It is equal to four plus one, for one is a powerful amalgamation.” Schemes of arrangement have been a useful method of implementing mergers and acquisitions in the Indian context. Historically under the Companies Act, 1956, schemes were supervised by the High…
ROLE OF COMPETITION COMMISSION OF INDIA: MERGER AND ACQUISITIONS
by Harsh Rai Abstract For the fair competition, the Competition Commission of India was established. MRTP that followed “Command and Control” was repealed in favour of CCI. In order to keep up with the demands of the global economic market, the MRTP Act had to be amended. CCI, despite the numerous amendments that were made to…
DEMERGER: CONCEPT OF TAX NEUTRAL DEMERGER & UNDERTAKING
by Amrit Behera Abstract This paper mainly focuses on the concept on merger and Demerger. This paper focuses on the development of the demerger and also discusses about the current state. And most importantly it analyses the concept and focuses on the provisions and aftermath of the concept. This paper also discusses about the use…
RELIGIOUS CRIMES IN DEVELOPING COUNTRIES: INDIAN PERSPECTIVE
by Rashi Srivastava INTRODUCTION The term religious crime, as the name suggests, relates to the criminal offenses associated with religion. In India, secularism is an important part and this is evident from the fact that religion is the fundamental right that is provided to every citizen in the country. Every religion and its beliefs in…
Analysis of Rule of Majority in Company Law
by Vartika Johri INTRODUCTION Incorporate world, all democratic choices, and control of an organization are made with the majority rule that is deemed to be truthful and justifies. The Corporate world is witnessing the legal battle of shareholders for a long time. This problem lies not only in India but across the globe. Corporate democracy…
IDENTITY THEFT- IS IT A MODERN CRIME?
by Sonika Bisht ABSTRACT In this article, identity theft, its prevention measures and provisions made by the government will be discussed. Along with this, types of identity theft will also be evaluated. INTRODUCTION As fast as we are moving towards the digital world, the number of identity theft is also increasing at the same rate. …
CHILD RIGHTS IN INDIA: AN ANALYSIS
by Harsh Rai INTRODUCTION India is considered to be a youth-oriented nation in the entire world, with 472 million young people and28.6% of the entire population under the age of 14. Having such an enormous amount of youth base creates enormous responsibility towards their welfare. India is a huge country and one of the largest…
TRANSGENDER (THE THIRD GENDER): SOCIO-LEGAL POSITION IN INDIA
by Amrit Behera Abstract This article mainly focuses on the rise of the transgender community in India. It also throws light upon the struggles that this community had to face before the landmark judgement of National Legal Services Authority vs. Union of India and shades light on the role of transgenders in the old Indian…
USE OF FORCE BY STATES UNDER INTERNATIONAL LAW
by Agrim Jain INTRODUCTION The world before establishment of United Nations was an entirely different world especially when we refer to the situations of war between the countries as the situation before establishment of the organization was that the countries were left to decide on their own to take decision which they deem fit according…
SEDITION LAW IN INDIA: COMPARISON WITH OTHER JURISDICTIONS
by Vartika Johri ABSTRACT India’s 156-year-old, colonial era sedition law used against arrested Jawaharlal Nehru University Students’ Union President Kanhaiya Kumar inserted under section 124A of Indian Penal Code in 1870 by an amendment introduced by Sir James Stephan became one of the many draconian laws enacted to stifle any voices of dissent. After 75…
PROS AND CONS OF BREXIT
by Rashi Srivastava Introduction In order to understand and analyse the pros and cons of Brexit in a better way, it will be imperative to know what Brexit is. Speaking in a layman language, the word Brexit has been composed of two words ‘Britain’ and ‘exit’, thus this name Brexit was given to the departure…
MEDIA- TRIAL DURING COVID-19 IN INDIA
by Sonika Bisht ABSTRACT This article mainly focuses on the trial by media during Covid-19 in India. Participated media is considered as the ‘cornerstone’ of our democracy. Media acts as facilitator along with being an expediter on many matters including those affecting the collective brief of society. In the corona epidemic, the media was the…
CAN RTI ERADICATE CORRUPTION
by Harsh Rai ABSTRACT Right to Information (RTI) is a formidable Right of a citizen to keep checks and Balances in public affairs. RTI was brought into the picture to create transparency among the public sector and the nation’s general population. As we all know, the actions performed by the government are funded by the people of the country, and still they were…
DIGITAL SECURITY DURING COVID 19 AND THE STEPS TAKEN BY GOVERNMENTS TO COMBAT THE SAME
By Amrit Behera Abstract This article will mostly focus on how the importance of cybersecurity has increased after the COVID 19 pandemic. The paper will also discuss the major steps that can be taken to ensure a more secure online platform and it will also spread some light on the steps that are taken by…
NEW ERA IN ARBITRATION PROEEDINGS: SUPREME COURT OF INDIA
by Agrim Jain INTRODUCTION The judgment given by the Supreme Court in the case of Bharat Aluminum Company Ltd (BALCO) Vs Kaiser Aluminum Technical Service, Inc. (Kaiser) is considered as to be the judgment which is responsible for changing the entire paradigm relating to seat of arbitration in matters of international Commercial Arbitration. The concept…
COPYRIGHT AND TRADEMARK INFRINGEMENT: A COMPARATIVE ANALYSIS
by Harsh Rai ABSTRACT Despite the fact that Copyright and Trademark systems sound similar in attribute they have a whole different sphere of operations. The variances are considerably larger than the similarities among them. The basic factor in which the law governing each of the systems is designed to address the specific facets of their…
COMPARATIVE ANALYSIS: FSS (PACKAGING AND LABELLING), 2011 VS FSS (LABELLING AND DISPLAY), 2020.
by Amrit Behera Abstract: This article mainly focuses on the rules and regulations brought up by the Food Safety and Standards Authority of India (FSSAI) through the amendments in the food safety and standards (packaging and labelling) regulations, 2011 and the food and safety and standards (labelling and display) regulations, 2020. And how is it…
HUMAN RIGHTS AND THE CRIMINAL JUSTICE SYSTEM IN INDIA
by Sonika Bisht This article mainly focuses on the human rights and the criminal justice in India. The paper introduces the relationship between human rights and criminal justice in India. It discusses the importance of human rights in administration of criminal justice. It also discusses the multiple reasons and causes for violations of human rights…
INTERNATIONAL LAW ON CONTROLLING TO SPREAD INFECTIOUS DISEASE
by Vartika Johri ABSTRACT Infectious diseases are usually considered from the view point of the human population affected, the diseases that are caused and the biology of the micro-organisms. Microbiologists and epidemiologists seldom consider the political dimensions of their activities. International law has made several attempts to deal with the spread of microbial diseases. International…
AN ANALYTICAL STUDY ON POLITICAL CORRUPTION IN INDIA
by Rashi Srivastava Introduction Before heading towards what political corruption is and how it affects a country’s economy, it will be first important to know what corruption is. The word ‘corrupt’ has been derived from the Latin word ‘corruptus’, the past participle of the word corrumpere meaning to abuse or destroy. Corruption in Indian society…
The Tussle between Reliance-Future-Amazon Deals
by Ajay Poddar Introduction Reliance Industries Limited (in short ‘RIL’) on August 29, 2020 announced through Press Release that his wholly owned subsidiary Reliance Retail Ventures Limited (in short ‘RRVL’) is going to acquire Retail, Wholesale, Logistics and Warehousing Business from the Future Group on a Slump Sale Basis for lump-sum aggregate consideration of INR…
ANALYSIS OF THE INTERMEDIARY RULES, 2021 AND ITS POSSIBLE EFFECTS
by Rashi Srivastava Introduction The Government of India on February 25, 2021 enacted Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021[i]. In simple terms, the said rules have the capacity to impact the way the users connect with the social media platforms, search engines, OTT platforms, and the internet too. Thus, these…
CONCERNS ON PRIVACY AND INTERMEDIARY LIABILITY ON DATA LOCALIZATION
by Agrim Jain Introduction How many times have we in our lives have shared our personal details such as our age, mobile number, e-mail address, home address, date of birth and more similar details which enable people to personally identify us? This sharing of information by us on feedback forms provided to us by malls,…
ENHANCING INTERNATIONAL COOPERATION: ROLE OF INTERNATIONAL CONVENTIONS
by Harsh Rai ABSTRACT In the climate after World War II, governments realized that worldwide collaboration, politically, financially, and socially, was a crucial component of establishing any degree of global peace. The aim was to level the playing fields of commerce and to minimize the areas of discord, as inequality may lead to more significant…
ONLINE COURT: A MERE RECOURSE OR IDEALISTIC VISIONS
by Amrit Behera Abstract This article will mainly focus on the importance of online court and will list down the limitations that come with the online court. And at the end it will also suggest ways through which this problems can be solved. And it will conclude by focusing upon the future impact of the…
FUTURE OF FACIAL RECOGNITION LAW IN INDIA AND OVERSEAS
by Sonika Bisht ABSTRACT This article mainly focuses on the legality and future of facial recognition technologies in India and it also talks about comparison with laws of facial recognition in other countries. The paper introduces the related researches of face recognition from different perspectives. Face recognition has become the future development direction and has…
CLUBHOUSE APP: PRIVACY & NON-LEGAL CONCERNS
by Vartika Johri ABSTRACT There is a new app which has gathered a huge market share within a short span of 1 year, currently there are around 3.6 million users globally engaging with Clubhouse on daily basis, this is an audio-only social media network which allows users to interact in public as well as private…
RIGHTS OF ARRESTED PERSON AS HUMAN RIGHTS
by Prajaktha Jade Abstract Arrests and Human Rights are concepts often in conflict with each other. More often than not when power is given it is used arbitrarily and walks over basic Human Rights. Human Rights are read and heard very often in various contexts yet defined and understood differently each time. These Rights vary…
LEGAL RIGHTS DURING QUARANTINE
by Garima Mehta Abstract The following article deals with Legal Rights during quarantine and coronavirus. Coronavirus disease (COVID-19) is an infectious disease caused by a newly discovered coronavirus. Most people infected with the COVID-19 virus will experience mild to moderate respiratory illness and recover without requiring special treatment. Older people, and those with underlying medical…
CASE ANALYSIS: N. NAGENDRA RAO V/S STATE OF ANDHRA PRADESH
by Niharika Kumari Abstract: People often face seizure of their goods and property under suspicion when the police authorities are exercising their power. But what if someone’s goods get damaged or stolen during this procedure? Will the State be vicariously liable for the negligence of its officers while discharging their statutory duties? The present article…
GENERAL INTRODUCTION TO TRADEMARK
by Prajaktha Jade Abstract: Intellectual Properties are treated as Intangible Properties which are protected under special Laws. Intellectual property rights bestow on people with ownership rights over their innovations or creation. Intellectual property rights are subject to the principle of territoriality, their protection is limited within the territorial jurisdiction of the National granting authority. With…
CONTROVERSY AROUND THE LAW OF SEDITION
by Aishwarya Gopalakrishnan Abstract The law of sedition was originally drafted in 1837 by thomas macaulay, the british historian-politician, but was inexplicably omitted when the IPC was enacted in 1860. Section 124a was inserted in 1870 by an amendment introduced by sir james stephen when it felt the need for a specific section to deal…
CAN THE ADMIN OF A WHATSAPP GROUP BE HELD LIABLE FOR OBJECTIONABLE POSTS?
by Niharika Kumari Abstract: In 2021 almost each and every one of us is a member or admin of a WhatsApp group. We all are dependent on online resources like this to store and share important documents and images etc. But did you ever think about what will be the consequences if someone posts objectionable…
ANALYSIS OF THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES & DIGITAL MEDIA ETHICS CODE) RULES, 2021
by Garima Mehta, Abstract The following article deals with the Analysis of the Information Technology (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021. After years of discussions and debates, the Ministry of Electronics and Information Technology, Government of India has notified new rules under the Information Technology Act, 2000 (“IT Act”) for monitoring social…
MEDIA AND JUDICIARY: NEED FOR BALANCE
by Prajaktha Jade Abstract Indian Democracy is based on four pillars out of which two are the Judiciary and Media, while the Legislative and the Executive are the other two pillars. The Judiciary delivers justice and the Media addresses and communicates it to the public. Their relationship is that of a hand in glove along…
Police Brutality: Position in India and in other countries (USA, UK and AUSTRALIA)
by Garima Mehta Abstract Police brutality is the excessive and unwarranted use of force by law enforcement. It is an extreme form of police misconduct or violence and is a civil rights violation. It also refers to a situation where officers exercise undue or excessive force against a person. Police violence includes but is not…
Admissibility of Digital Evidence
by Niharika Kumari Abstract In today’s high tech era it is no surprise that each one of us is immensely fixated to our gadgets! From substituting physical shopping to going to gym for exercises, from going to cinemas for movies to taking curricular lessons- gadgets have made it possible to accomplish everything just at a…
OBLIGATION OF ‘SOCIAL MEDIA INFLUENCERS/BLOGGERS’ TO FOLLOW LEGAL RULES
by Garima Mehta Abstract Ever wondered whether your favorite bloggers, gamers and instagramers are subject to any legal guidelines or not? The ease with which they post anything on the social spaces really makes one believe whether this profession is an untamed one? Let us end your dilemma. This article consists of analysis of the…
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