Blogs
Exceptions to the Rule of Hearsay Evidence in India
Jan. 16, 2022 • PRATEEK MUDGAL
This article deals with the topic of hearsay evidence and its exceptions in the Indian context. The author first looks at what hearsay evidence is, and how it would normally not be admissible before the courts under Section 60 of the Indian Evidence Act. The author then looks at some of the exceptions to this rule such as the doctrine of Res Gestae, dying declarations and admissions and confessions.
Doctrine of Transferred Malice
Jan. 16, 2022 • PRATEEK MUDGAL
This article deals with the topic of transferred malice. The author first talks about how the doctrine was laid down in the UK with the help of relevant case laws. Further, there is a gradual shift in focus to the Indian context and this doctrine is understood as embodied under Section 301 of the Indian Penal Code. The author then looks at the essential ingredients that need to be fulfilled to apply the doctrine and finally looks at how the doctrine has been applied by the courts.
Expert Witnesses under the Indian Evidence Act
Jan. 16, 2022 • PRATEEK MUDGAL
The article deals with the topic of experts’ opinions under the Indian Evidence Act, it looks at the relevant sections of the Evidence Act that deal with experts’ opinions and then looks into who may be classified as an expert in India and a few topics on which experts’ opinions can be sought by the court. Finally, the author looks at how an expert witness is different from an ordinary witness.
Inadequacy of Fines as a Punishment under the Indian Penal Code, 1860
Jan. 14, 2022 • Suryasikha Ray
In the criminal law of the country, the Indian Penal Code provides for the punishments which are used as a reformative source for the wrongdoers. However certain provisions of the Code provide for fines as a form of punishment. The ambiguities and inaccuracies that are incorporated within such provisions cannot be looked away from as they establish fines as an alternative to imprisonment. This article lays emphasis on the inadequacy of fines under IPC and what changes are needed for the same.
Pragmatic Views on Contempt of Court and Freedom of Speech
Jan. 14, 2022 • Suryasikha Ray
This Article "Pragmatic Views on Contempt of Court and Freedom of Speech" provides an overview of Contempt of Court along with its types, defences, need and also the issues. It also encompasses a discussion on the reasonable restrictions/restraints put on the Freedom of Speech with respect to Contempt of Court.
Gender Jurisprudence : A critical analysis of the Sabarimala verdict
Jan. 14, 2022 • Suryasikha Ray
In the country, the position of women has been degraded due to misinterpreted cultural norms and also the perspective that has been signified in the olden times which should have changed with changing times. This article mainly discusses modern-day women rights and the way in which they are interpreted and tackled by courts and sheds light on gender equality in the country with reference to the landmark case of Sabarimala temple.
Evolution of a Daughters’ Right to Property in India
Jan. 13, 2022 • Suryasikha Ray
This article " Evolution of Daughter’s Right to Property " analyses the gender inequality in India with respect to the Right to Inherit Ancestral Property. It also traces down the origin of the gender disparity in the context of property rights. Furthermore, the article elaborates on the Amendments in the Hindu Succession Act of 1956 along with lacunae and important cases.
An Analysis: The Shakti Bill by Maharashtra Government
Jan. 13, 2022 • Suryasikha Ray
The article discusses key highlights and criticism of the two bills included under the proposed “Shakti Act, 2020” by the Maharashtra State government and its current status.
The Journey of LGBTQ Rights in India
Jan. 13, 2022 • Suryasikha Ray
Every Single Individual- Gay, Straight, Lesbian, Bisexual, and Transgender- Every Single Individual Deserves To Be Treated Equally In The Eye Of Law And In The Eye Of Our Society. The individual's identity to the pedestal of divinity - sans identity, the name is only a denotative term, and the sustenance of identity is the filament of life. The destruction of individual identity would be tantamount to the crushing of dignity, which encapsulates privacy, choice, freedom of speech and other expressions. Attitudes and mentalities have to change to accept distinct identities of individuals, who must be respected for who they are, and not compelled to become who they are not.
The RTI Act: Applicability and Accountability of Public Authorities with reference to Section 4
Jan. 13, 2022 • Suryasikha Ray
The long-held dream of removing corruption and making the public authorities answerable to the general public was realised with the passing of the Right to Information Act, 2005. However the same hasn’t been the case and the reality has been quite different from the aspirations. This article sheds light on the applicability of RTI and how the authorities are made accountable u/s 4 of the Act.
Towards Gender Equality and Women Rights –Recent Developments In Muslim Personal Law
Jan. 13, 2022 • Suryasikha Ray
The article compares the rights of Muslim Women before and after the passing of landmark judgements pertaining to Muslim Personal Law; and a few other rights like marriage rights and inheritance rights.
Enforceability and Extent of Applicability of Click Wrap Contracts
Jan. 13, 2022 • Suryasikha Ray
The drafting of clickwrap contracts is done in such a manner that the consumer or the user has no control over the terms and also have very little chance of getting anything done against the organization. Therefore, it is very necessary to take certain precautions while signing such contracts as the contracts are valid and the user can be held accountable for them. Being aware is the key and it is equally important for the people to know their legal rights in a scenario of being framed over such a contract.
The Indian Judiciary is trying its level best to make these contracts secure for the general public yet the number of such contracts being signed on a daily basis is exponentially growing which also calls for the awareness of the masses.
Environmental Regulations on Oil and Gas Industry in India
Jan. 13, 2022 • Suryasikha Ray
India is the third-largest energy consumer in the world, and oil and gas, as an energy resource, contributes 41 per cent of its total energy consumption. The government has always kept a check on the industry through a number of different statutes and provisions. This article lays emphasis on the regulations within the O&NG industry and how the country is developing through the same.
The Armed Forces (Special Powers) Act, 1957 and its Effect on the Lives of People
Jan. 13, 2022 • Suryasikha Ray
This article ventures into the scope of the AFSPA and critically analyses its socio-political consequences on human life in those areas where the Act is in force.
The Gamut of Article 21: A Brief
Jan. 7, 2022 • Bhawna Pawar
The Constitution of India stands punctiliously to sustain the democratic values of India, and Article 21 sits at the heart of this document. Such is the importance of Article 21, that hours of dialogue and deliberation went into its formulation; and even then its scope keeps expanding to date.
Fake News: The Digital Pandemic
Jan. 7, 2022 • Bhawna Pawar
This Article Fake News-A Digital Pandemic attempts to understand fake news, its origin, purpose, and effects on individuals and society at large. It also discusses the interconnectivity between modern-day digital media and the spread of fake news from the point of view of politics, capitalism, and law in favour of the topic, showing that fake news is indeed a digital pandemic.
Human Trafficking: A Global Issue
Nov. 25, 2021 • PRATEEK MUDGAL
This article gives an insight into the problem of human trafficking around the globe.
The Law of Sedition: History and Constituionality
Nov. 25, 2021 • PRATEEK MUDGAL
Contemporary Art and Intellectual Property
Nov. 25, 2021 • PRATEEK MUDGAL
Legal Recognition of the Non-Binary Gender
Nov. 25, 2021 • PRATEEK MUDGAL