The Patent Rights in Indian Legal System

-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”

Freedom of Speech and Prashant Bhushan’s case

-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”

Differently Abled Women – A Struggle to Live Independently

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.

Review: Maverick Unchanged, Unrepentant by Ram Jethmalani

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.

SC Gives Telecoms Ten Years to Pay AGR Dues

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”

Environmental Impact: Assessment of the Draft Notification 2020

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.

Period Leave Policy: The Debate Continues

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”.

Centennial of the Nineteenth Amendment

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 on Data Privacy

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.

Virtual Meetings of the Companies: MCA’s Reaction to COVID 19

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.

The Curious Case of NLAT

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”

Mr Jayant Bhatt on Contemporary Law Practice

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.

Daughters are Entitled to have Equal Coparcenary Rights Even if Born Prior to Hindu Succession Amendment Act (2005)

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)”

Defence of Juvenility and Unsoundness of Mind Must be Raised During Trial

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”

Dalbir Singh v. NCT of Delhi

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”

Common Cause v. Union of India

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”

New Education Policy: A Critical Analysis

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.

Amish Devgan v. Union of India

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”

Arnab Manoranjan Goswami vs the State of Maharashtra & Ors.

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.”

The Colossal Epidemic: Violence Inside, Virus Outside

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.

Kirit P. Mehta School of Law Publications