-By Nikita, SY Division B The Patents Act of 1970 and the promulgated provisions control the identification and implementation of patent rights in India. The Patents (Amendment) Act 2005 modified the Act, bringing the Indian patent regime into adherence with the WTO Agreement on “Trade-Related Aspects of Intellectual Property Rights 1994 (TRIPs).” The newest modificationContinue reading “The Patent Rights in Indian Legal System”
-By Rakshinda Raheman, SY BA LLB C “If the freedom of speech is taken away, then dumb and silent, we may be led, like a sheep to its slaughter.” ~ George Washington The Constituent Assembly amended Article 19(2) in June 1951, just months after the Constitution went into effect, to add three additional specified limitations towards theContinue reading “Freedom of Speech and Prashant Bhushan’s case”
Maverick Unchanged, Unrepentant is written by a former politician, highest rated criminal lawyer, and an international legal authority: Ram Jethmalani. The book ponders over various diseases that are inherent in government; ranging from Kashmir, China, Pakistan, fundamentalism to black money, corruption, governance, and the rise of terror.
After a legal battle of twenty-one years, a three-judge bench of the Supreme Court has given the final verdict on the Adjusted Gross Revenue (“AGR”) dues of the Telecom Companies (“Telecoms”). The Court had already calculated the AGR dues in October 2019 and now the Court has given a time-frame of ten years to theContinue reading “SC Gives Telecoms Ten Years to Pay AGR Dues”
Michel Foucault’s panopticon penitentiary has been an esteemed surveillance model in academic circles. It allows a monitor to observe every prisoner in a penitentiary from a central tower.
For a long time, India has been notorious for custodial tortures and such violation of human rights have recently been on the rise.
The environment, in itself, is an important aspect and a debated subject around the world. We have noticed the concerns of developed, developing and underdeveloped nations at the Paris accord. Every country requires holistic growth in every sector, but that should not come at the expense of environmental concerns.
In the first week of the August of 2020, an Indian food delivery and aggregating company introduced trans-inclusive period leaves for all of its menstruating employees. In a note to the staff, the CEO said the move of introducing ten days leave policy was to “foster a culture of trust, truth and acceptance”.
Women with disabilities can have plural identity markers because they are marginalized in Indian society based on their disability and other ‘socio-cultural identities’ that divide them into various categories. That is to say that women with disabilities can be invisible or side-lined in the human rights debate, and because of this reason are unable to enjoy the rights available to them.
The fight for complete equality for women at large, in common parlance, the feminist movement has seen waves that have been instrumental for women acquiring a plethora of rights: the right to work, the freedom of choice, the right to pursue an education, freedom from sex discrimination, sexual and bodily freedoms, etc. None, however, would be as important as the right to vote.
Mr Gajendra Maheshwari is a Managing Partner at Reina Legal, based in Delhi/NCR. He is a qualified Chartered Accountant, a Certified Management Accountant, and a lawyer with an LL.M, LL.B from Jai Narain Vyas University, Jodhpur. His areas of interest are taxation laws, and data protection and privacy laws.
These difficult times where COVID-19 has forced us to be in lockdown has impaired the functioning of various companies. Various important matters about the company which require the physical presence of the shareholders in a meeting are improbable in the current scenario considering the fatal consequences and following social distancing norms to protect oneself from endangering his/her life.
Mr Alok Vajpeyi is an associate, working with the Disputes Team at Khaitan & Co based in Mumbai, and a qualified Tribunal Secretary certified by Hong Kong International Arbitration Centre. He is an LL.B from the Institute of Law, Nirma University, Ahmedabad.
The National Law Aptitude Test (“NLAT”) was an alternate entrance exam created by NLSIU to admit the 2020-25 batch of students during the COVID-19 pandemic. The contentions to NLAT are in light of the by-laws of the CLAT consortium stating that no institution of the consortium can hold an individual entrance exam while being partContinue reading “The Curious Case of NLAT”
Jayant Bhatt is an independent lawyer based in New Delhi, India. He holds a dual LL.M from New York University, USA and the National University of Singapore. He is a member of the Supreme Court Bar Association and Delhi High Court Bar Association. Besides being a practising advocate, Mr Bhatt is a prolific speaker and believes in greater societal good. He has a keen interest in mentoring young minds and is an advisory member of various organizations.
Chief Justice Warren Burger once said, “Whatever their origins, these exceptions to the demand for every man’s evidence are not lightly created nor expansively construed, for they are in derogation of the search for truth.”
In Vineeta Sharama v. Rakesh Sharma, the Supreme Court rectified its mistake in Prakash v. Phulavati, where it had held that, “the rights under the amendment are applicable to living daughters of living coparceners as on 9-09-2005 irrespective of when such daughters are born”. This precisely means that the daughters cannot ask for equal rightsContinue reading “Daughters are Entitled to have Equal Coparcenary Rights Even if Born Prior to Hindu Succession Amendment Act (2005)”
Under the general law of contracts, a doctrine called ‘privity of contract’ prevents a third party from enforcing any obligations or acquiring any rights under a contract.
A three-judge bench of Supreme Court in Mohd. Anwar v. NCT of Delhi held that “a plea of unsoundness of mind as under section 84 of the Indian Penal [C]ode along with attempts to mitigate the punishment by raising the defense of juvenility must be raised during the trial as opposed to [during] a laterContinue reading “Defence of Juvenility and Unsoundness of Mind Must be Raised During Trial”
The above-named Appellant appealed the Order of the Delhi High Court rejecting the Appellant’s claim for release of compensation under Section 357(3) of CrPC. The Respondents, members of the police force, were accused of having illegally detained and torturing the Appellant’s son in connection with a theft case. The Appellant’s son succumbed to injuries causedContinue reading “Dalbir Singh v. NCT of Delhi”
Censorship is the act of subduing variety of content to a form which is very comprehensive and acceptable by eliminating the parts or acts whose acceptance is debatable or which could cause distress.
The Applicant herein, M/s Orissa Minerals Development Company Limited sought condonation of delay in the payment under the Order passed by the Court. The Applicant had also requested for a direction to the State of Orissa to conduct joint verification of the undisposed stock and allow sale of the same to enable the Applicant companyContinue reading “Common Cause v. Union of India”
The Supreme Court refused to stay an Order of the Andhra Pradesh High Court against making English the medium of education for government schools between class I to VI from the 2020-21 Academic Year.
India will have the highest youth population in the word in the upcoming decade and it is a shared responsibility of the government to provide contemporary educational opportunities to the students to shape the future of the country. This can be done only if the education policy targets the idea of universal access to quality education which will be a key to social and economic justice.
In a first of its kind ruling, air pollution was declared to be the cause of Ella Kissi-Debrah’s death in 2013 by a coroner.
This was a petition filed by Amish Devgan, a journalist and managing editor-in-chief of News 18, under Article 32 of the Constitution to quash FIRs arising from the same cause of action in different states. The contention is against calling Khwaja Moinuddin Chishti, a revered saint of India, as a terrorist and a robber onContinue reading “Amish Devgan v. Union of India”
The foundation of this case was more political in nature than legal, but this commentary will be focusing on, and restricted to the legal aspects of it. It all started back in the year 2018, when Arnab Goswami, the owner of ARG Outlier Media, and two other accused were booked by the Alibaug Police forContinue reading “Arnab Manoranjan Goswami vs the State of Maharashtra & Ors.”
In the ever-progressing time of today, women want to be treated equally and respectfully. In a male-dominated society, women want to be regarded as individuals with feelings, aspirations, and dreams. Unfortunately, some women fall prey to beatings, torture, and violence by their counterparts.
The Competition Act, 2002 (hereinafter “Act”) was enacted in India’s pursuit for globalisation and liberalisation of the economy. It was passed to provide healthy economic development in the Indian market with the aim to protect the competition and prevent abuse of monopolisation.