Blogs
Overview: RIGHT TO PRIVATE DEFENSE : THE JUDICIAL INTERPRETATION
Jan. 12, 2021 • sakshi arya
This article talks about the nexus of the provisions contained in the Indian Penal Code with the Constitutional document. It explains the constitutionality of the Right to Private defense and how has the judiciary interpreted it in a way that it does not breach the basic structure of the constitution. It explains how the homicide of a person by another could not be rendered as illegal.
Overview: SIKKIM ACCESSION TO INDIA
Jan. 12, 2021 • sakshi arya
This article attempts to look for, address, and analyze the development and foundation of the majority rule government in the Small Independent realm of Sikkim since the rise of the Namgyal line till the merger of Sikkim with India in 1975. Presently the political System of Sikkim is based on democratic principle but this was not so before 1975.
Overview: ANALYSIS OF SECTION 112, THE INDIAN EVIDENCE ACT, 1872
Jan. 11, 2021 • Suryasikha Ray
Section 112 of Indian Evidence Act, 1872 deals with the proof of legitimacy of children if they are born during wedlock or within certain period of the dissolution of marriage. This article focuses on the analysis of legal presumption of legitimacy of child under Section 112 of Indian Evidence Act, 1872.
COMPARATIVE ADVERTISEMENTS IN THE CONTEXT OF TRADEMARK AND COPYRIGHT LAWS
Jan. 11, 2021 • Suryasikha Ray
The research topic “COMPARATIVE ADVERTISEMENTS IN THE CONTEXT OF TRADEMARK AND COPYRIGHT LAWS” will help unfold the various dimensions of comparative advertising and its impact on the registered trademarks of the owners. The Courts of different jurisdiction have analyzed this research area in different perspectives depending on the current situation of their competitive market economy and have hence tried to satisfy their stakeholders of advertising agencies to promote the concept of Comparative Advertisement in a manner that will be acceptable by fair and honest means.
Overview: DIVORCE UNDER MUSLIM LAW
Jan. 11, 2021 • Suryasikha Ray
This article gives an overview of the "Divorce under Muslim law"; further the article throws light on the types of divorce along with their brief discussion mentioning about the proceeding of different divorce.
Overview: THE ATOMIC ENERGY ACT, 1962
Jan. 11, 2021 • Suryasikha Ray
This article gives an overview of the Atomic Energy Act, 1962, throwing light on some of its important provisions, amendments, and giving a brief about the offences and penalties mentioned under the act.
Overview: LINKING LAW AND MATRIMONY
Jan. 11, 2021 • Suryasikha Ray
The article focuses on the conflicts of law and matrimony. In this the light is thrown on topics like Matrimony, cases related to conflict between law and matrimony laws, divorce, etc. Matrimony and law has been in conflict since ancient times. Conflict of matrimony laws is the conflict of laws with respect to matrimony in different jurisdictions.
Broadly speaking: CONSTITUTIONAL RIGHT OF EDUCATION
Jan. 11, 2021 • Suryasikha Ray
Education is an important tool for overall development of human being. Education not only helps in gaining employment but also helps in gaining respect for themselves in the society full of competition. The article focuses on Right to Education Act, 2009 and discusses about it in details along with its limitations.
A critical note on the background and recommendations put forth in the "White Shadows of Vrindavan" case - 2017 (7) SCJ 442.
Jan. 11, 2021 • Suryasikha Ray
This article gives an overview of the "White Shadows of Vrindavan" case, further throwing light on the background of the case along with some of the plans formed out and the recommendations came forth in the case.
CORPORATE RESTRUCTURING AS A CORPORATE ACTION
Jan. 4, 2021 • sakshi arya
Growth in a business organization is primarily either organic or inorganic. Organic growth results through the organization’s own internal strategies such as capital restructuring or business restructuring. Such internal strategies result in increased customer base, higher sales, and revenue. This, however, does not result in a change in the corporate entity. Inorganic growth, on the other hand, is often attained by enhancing output and business reach through mergers, acquisitions, amalgamations, takeover and other corporate restructuring which result in a change in the corporate entity. Corporate restructuring, thus, is a means to attain inorganic growth in an organization.
In times of economic slump ‘corporate restructuring’ becomes the most talked of term in any business organization. While ‘restructuring’ refers to any changes brought about in the organization but the term ‘corporate restructuring’ is often done when the business is in a financial jeopardy.
#ChallengeAccepted in Turkey
Jan. 4, 2021 • sakshi arya
This article talks about the trending #ChallengeAccepted movement on Instagram and the purpose of it. The article then gives an insight of the ever-increasing femicides in Turkey.
CORPORATE ENVIRONMENTAL LIABILITY IN INDIA
Jan. 4, 2021 • sakshi arya
The world’s largest democracy in the past few decades has witnessed significant growth in development of the corporate world. However, in that process the pros of development and advancement have been accompanied by the cons of environment degradation and vulnerability. The article analysis Corporate Environmental liability as a tool of precaution and corporate initiative and discusses the legal provisions associated with the same.
THE INSUFFICIENT LAWS TO COMBAT ANIMAL CRUETLY
Dec. 25, 2020 • sakshi arya
India with the enormous amount of animal abuse incidents have reflected on brutality, the lack of compassion and the absence of adequate legal provisions to reach and remedy the crime. The present animal protection laws highlight lack of proportionality between the offence and the punishment. This article attempts to inflict light on rising cases of animal cruelty and the casual attitude of the legislature and the society towards the same.
Overview: CONSTITUTIONALISM_THE SINE QUA NON OF A DEMOCRATIC SOCIETY
Dec. 25, 2020 • sakshi arya
Constitutionalism, a set of ideas and doctrine that states that the government can and should be legally limited in its powers and that only when such limitations are observed by the government, can the government’s legitimacy and authority stand in a truer sense. Although this theory is sometimes used as a synonym for limited government, however that just remains only one interpretation of this idea of constitutionalism and more often than not it is an effort to prevent arbitrary government. While Constitutionalism stands for governing the legitimacy of the government, the doctrine of rule of law is all pervasive in a democratic set-up. Rule of Law speaks about the supremacy of law, the concept of equality before law and the predominance of legal spirit. The third principle of rule of law that is ‘the predominance of legal spirit’ talks about the judge-made constitution and establishes the supremacy of precedents over a written constitution, as Dicey, who developed this doctrine of Sir Edward Coke, believed that a document cannot be the chief source of law as it can get ignored or trampled upon. However, if one is to look at the doctrine rule of law as it operates in India, one can then safely deduce that a written constitution can be a huge success. This Article is analyzed in this light of ‘constitutionalism’ and ‘rule of law’ as it operates in the democratic set-up of India.
Prevention of Slaughter and Preservation of Cattle Bill ,2020: An Analysis
Dec. 19, 2020 • sakshi arya
The cattle slaughter laws in India have been a subject of extensive debate. This is probably because of the religious sentiments of different communities attached to these cattle. Nonetheless, the Apex Court has time and again reiterated that the sacrifice of cattle on certain festivals is not an essential part of the religion so as to bring it under the ambit of Fundamental Right to Religion under Article 25 of the Constitution of India. Further, any law imposing a ban on cattle slaughter seeks immunity from the provisions of the Constitution itself. The question remains as to how far this protection can be granted to these laws. In this light, this article analyses the recent Prevention of Slaughter and Preservation of Cattle Bill introduced by the Karnataka government.
SECTION 28DA OF CUSTOMS ACT 1962 AND CAROTAR RULES 2020- IS REMEDY BETTER THAN DISEASE
Dec. 19, 2020 • sakshi arya
“Where there is an opportunity of benefit, there is a misuse” unfair trade practices distort the international market and time and time again international treaties as well as domestic laws have been strengthened to prevent misuse and procure unethical benefits out of ethical practices. This article analysis the legal provision enacted and implemented in 2020 which aims at supplementing and strengthening certification process of rules of origin in India and determines whether such enactment has proved to be more of a problem than solution.
Generally speaking: Online Gambling- A Socio-Economic Impact Assessment
Dec. 15, 2020 • Madri Chandak
The article highlights the impact of online gambling on society and the economy. The idea behind the assessment is to analyse the causes and find a solution to eliminate the negative impact of such online platforms. The growing popularity by way of advertisements is creating a home for addiction in youngsters too which needs to be looked upon on an immediate basis.
Judgement Analysis- Rahmat Bano v CPIO, O/o Income Tax
Dec. 15, 2020 • Madri Chandak
The article is a judgment analysis of a recent decision given by commission in the case of Rahmat Bano v CPIO, Income Tax where the wife filed an RTI request to obtain the ITR of her husband. The article analyses the decision given by the commission regarding the same.
Overview: Media, Misinformation and impact on the Society
Dec. 15, 2020 • Madri Chandak
The article highlights the negative impacts of misinformation being spread by media houses. It also discusses how important the role of media is and therefore before publishing any content, care should be taken to avoid any negative impact.
Broadly speaking: ASSAULT ON COPS IN INDIA
Dec. 15, 2020 • Madri Chandak
This article is an attempt to throw light upon the assault on cops in India. It highlights the harsh reality of our society where a public servant is not treated in high spirits. The hard work and courage are often overlooked. The challenges and the hardships of the police personnel are to be praised rather being abused. It is therefore essential to deliberate upon the increasing cases of assault on cops in the country and take steps against the culprits to incite a fear in them to avoid such crimes in future.