Blogs
Financial Emergency – Provisions and History
April 11, 2022 • Nikita Saha
This article aims to analyze the third type of emergency, that is a financial emergency, under article 360 of the Indian constitution, which provides that if the President is satisfied that the financial stability or credit of India or any of its part is in danger, he may declare a state of Financial Emergency. This article also briefly discusses the provisions and history of the financial emergency. However, the declaration of a financial emergency is a drastic measure for India’s economy.
A Critical Study on the Right Against Self Incrimination
April 11, 2022 • Nikita Saha
Right against self-incrimination is the cornerstone of Indian criminal law. The sole purpose of the right is to protect the accused from torture and force used by investigating agencies for obtaining information. In this article, we will discuss different provisions relating to self-incrimination and the evolution of this right through different cases and interpretation of Article 20(3) of the Indian constitution.
Decriminalisation of Section 138 of the NI Act
April 10, 2022 • Nikita Saha
The government of India decriminalized section 138 of the Negotiable Instruments Act, 1881 to improve the ease of doing business. The article brings forward the strengths and the weaknesses of the amendment made.
Effect of Anti-Competitive Agreements on the Indian Economy
April 10, 2022 • Nikita Saha
Anti-Competitive Agreements are those agreements that harm the economy. Competition Act 2002 lay down the provision which helps prevent practices that harm the economy. Due to competition entry and exist of producers, a cost-effective production structure can be easily achieved.
An Analysis of the Cigarettes and Other Tobacco Products (Amendment) Bill, 2020
April 4, 2022 • Nikita Saha
In India, several legislations were made to restrict cigarettes and tobacco products to improve public health, starting from the Cigarettes Act, 1975 to COTPA 2003 and now the Cigarettes and Other Tobacco Products (Amendment) Act, 2020.
Agent Orange- Biological Weapons and the Vietnamese Experience
April 4, 2022 • Nikita Saha
This article introduces the concept of biological weapons of mass destruction and focuses on Agent Orange, a WMD used extensively in Vietnam. The article explores its usage, treaties banning its use, the experience of Vietnam, and international judgments revolving around such defoliants.
Clemeny Powers of the President – A Judicial Review
April 4, 2022 • Nikita Saha
This Article revolves around the concept of clemency powers vested in the nation's President. It also discusses its various aspects and compares the U.S. and Indian scenarios of those powers of pardon. This article also focuses on different features of the concept, which is backed by apt case laws.
What is the Doctrine of Severability in Law?
April 4, 2022 • Nikita Saha
The article revolves around the concept of the doctrine of severability. The article also focuses on all aspects of the doctrine and discusses its different essential features backed by apt case laws.
Patent on Human Stem Cell: Ethical Issues
April 2, 2022 • Nikita Saha
Patents are usually granted for new inventions or innovations that have a novelty value, are commercially viable, and are not mere discoveries or advancements of existing processes or products. Apart from the traditional patents, patents are granted for new life forms or processes to develop them through genetic engineering. A life form existing in nature is not patentable but when such life form is modified or a new process is invented that improves upon or creates a new life form, then such process or life form can be patented.
International Commercial Arbitration
April 1, 2022 • Nikita Saha
In modern days, the business world has been crescively reluctant to litigate in courts of law for any disagreement arising from international commercial transactions. Introduction of Arbitration and Conciliation (Amendment) Act, 2021 has made it easier to regulate international commercial arbitration and enforcement of foreign awards in India.
Mitigation of IPR Conflicts in Sports Law
March 29, 2022 • Bhawna Pawar
Nationalisation of Banks and Social Control over it
March 28, 2022 • Bhawna Pawar
Nationalization refers to the situation where the government takes over a private organization. Through this action, government bodies end up having ownership and control over these bodies leading to the previous owners or shareholders losing their investment.
Cyber Security and Surveillance in India
March 28, 2022 • Bhawna Pawar
World leaders have made it very clear that cyber-attacks are their new number one concern, not less than terrorism. Cyber-terrorism has global and financial implications. The fear of random, violent victimization segues well with the distrust and outright fear of computer technology.
Advancement in IT and Criminal Law
March 28, 2022 • Bhawna Pawar
Efficacy of the NOTA Option in Indian Polls
March 28, 2022 • Nikita Saha
NOTA or 'None of the Above' is an option available to the Indian voters in elections which enables them the choice of not selecting any of the candidates contesting the election. This option is only available for direct elections but it does not hold any electoral value as the candidate with the most number of vote will still be declared winner even if the highest number of vote cast are in favour of NOTA option. The NOTA option only helps to maintain the secrecy of ballot.
An Indian Perspective on Space Law
March 13, 2022 • Suryasikha Ray
India is a party to all space treaties developed by the United Nations (for Moon Agreement, India has signed but not ratified). Indian Space Research Organization (ISRO) is a member of the Interagency Space Debris Coordination Committee (IADC) participated by major space agencies. United Nations Committee on Peaceful Uses of Outer Space (UNCOPUOS) can formulate and draft various treaties, conventions, and agreements that essentially became the corpus of International Law on outer space.
International space law applicable to the country involves National and International rules, guidelines, procedures, regulations, and treaties for governing all space-related activities. India is one of the leading world powers in space technology at present. Legal issues are important with respect to launch services, satellite telecommunication, satellite broadcasting, earth observation (Remote Sensing), satellite data processing and distribution, navigational systems, intellectual property rights, etc for the application of customary practices. Incorporation of Remote Sensing data policy, Satcom policy, telecom policy, mapping policy is visualized for Indian space activities.
Privity of Contract – The Ongoing Debate on Allowing A Third Party to Sue For Their Benefit
March 13, 2022 • Suryasikha Ray
This article revolves around the principle of privity of contract. It also deals with the debate on allowing a third party to use it for their benefit. All the aspects of this doctrine have been thoroughly analyzed in this article.
Maintenance under CrPC
March 13, 2022 • Suryasikha Ray
This article examines the scope and ambit of Maintenance under Section 125 of the Code of Criminal Procedure, 1973 which is a secular social justice legislation aimed to provide speedy remedy and prevention of vagrancy and destitution among dependents of financially capable persons.
NOVUS ACTUS INTERVENIENS
March 13, 2022 • Suryasikha Ray
This article explores the scope and nature of the maxim, Novus Actus Interveniens and its application to the law in modern day India.
What is Corporate Social Responsibility (CSR)?
March 13, 2022 • Suryasikha Ray
This article deals with the emergence and various aspects of Corporate Social Responsibility in the modern day circumstances.