Law School Articles
The Difference In A Criminal Writ, Criminal Revision And 482 – The Plight Of A Litigant In Choosing The Gate
Section 482 of the CrPC provides for a wide ambit of powers of the High Court to secure the ends of justice. The power vested in Article 226 of the Indian Constitution empowers litigants to directly approach High Courts to safeguard their fundamental rights and rectify injustices. Criminal Revision, on the other hand, offers a streamlined review of inferior court orders. These three avenues fall within the ambit of three of the main functions of the High Court.This article seeks to ...
Striking A Balance Between Intellectual Property Rights And Human Rights In The Era Of Technology And Innovation
Intellectual property (IP) constitutes the legal realm encompassing creations of mind such as artistic works, literary masterpieces and innovations etc. Intellectual property rights are a bundle of exclusive rights over these creations of mind which is vested with the creator to use his creations without fear of competition, at least for a specific period of time. The Constitution of United States, written in 1787 was the first document to recognize such rights. Later on these rights...
Due Diligence In M&A : Importance And Implications
Mergers today have become a tool for companies to diversify their operations, increase market share, and achieve economies of scale. Mergers and acquisitions gained significant popularity after 2015. Nearly 3,600 deals worth more than $310 billion were associated with mergers and acquisitions.[1] M&A is an essential component of a company's growth strategy. The Companies Act is the primary legislation in India that governs the incorporation, management, and operation of...
Media Trial: A Conviction Before The Trial?
On 13th September 2013, The Supreme Court of India ordered the Union Home Affairs Ministry to develop a thorough SoP within three months on the subject matter of press conferences given by police officials in criminal cases[1]. This was done to prevent the consternation faced by the person who are put in the dock of Media Trail on the basis of statements given by these officials. This was done because the manner in which high-profile matters like the Sushant Singh and Aryan Khan cases are...
Permissibility And Scope Of Judicial Review Against Transfer Orders
The Indian courts and tribunals are frequently flooded with lawsuits brought by employees who feel wronged by their transfers. Employees who are not moved from rural to metropolitan locations frequently feel betrayed by their non-transfers. It must be realized that complete chaos and confusion would ensue if no employee was willing to travel to the remote places for work. Although there is very little room for judicial review of transfer orders, courts will inevitably become involved if...
A Comprehensive Overview Of The Proposed Clampdown On Fin Influencers
The Securities Exchange Board of India released a “Consultation Paper on Association of SEBI Registered Intermediaries/Regulated Entities with Unregistered Entities (including Finfluencers)”, the objective of the same being to seek comments from the public. The SEBI with this paper seeks to regulate the Finfluencers which are usually unregistered. An influencer is a person who has the access and power to attract people and can influence other people's decisions. Furthermore, Finfluencers or...
AI And The Legal Landscape: Embracing Innovation, Addressing Challenges
In the realm of technological advancement, one of the most intriguing and rapidly evolving fields is the integration of Artificial Intelligence (AI) into various aspects of society. As AI systems become increasingly sophisticated, they are finding applications in diverse sectors, including healthcare, finance, transportation, and entertainment. However, as AI technology continues to permeate different spheres of human activity, it brings with it a host of legal implications and challenges that...
AI-Powered Justice: Safeguarding Against Sexual Offenses In The Metaverse
The metaverse represents the dawn of a new era fraught with unanswered questions and challenges demanding resolution. As this virtual realm continues to expand, it unravels a chasm of complexities that necessitate careful examination and proactive solutions. The concept of the Metaverse continues to captivate our imaginations, recent technological advancements, such as those pioneered by Elon Musk's Neuralink, further blur the boundaries between the virtual and physical worlds. Neuralink's...
Byte The Ballot: Elections In The Age Of Artificial Intelligence
“Constitutional guarantees cannot be subjected to the vicissitudes of technology.” - Justice K.S. Puttaswamy v. Union of IndiaOn 16th February 2024, 20 technology giants including Google, Microsoft, OpenAI, Amazon, and Meta signed a “Tech Accord to Combat Deceptive Use of AI in 2024 Elections.” Portrayed as a voluntary framework of 7 principles, this Accord comes in the context of the increasingly dangerous challenge posed to electoral democracy by Artificial Intelligence (“AI”) in an...
Unraveling ESG Regulations: A Closer Look At India's Approach
As the landscape of corporate India is shifting towards sustainability, the relevance of Environmental, Social, and Governance (ESG) regulations is growing rapidly. ESG regulations are different standards the government prescribes for actions relating to the same. The purpose of these regulations is to motivate companies to adopt sustainable measures and practices that will ultimately result in a sustainable and ethical impact and will also protect their investors from greenwashing. These...
Unraveling ESG Regulations: A Closer Look At India's Approach
As the landscape of corporate India is shifting towards sustainability, the relevance of Environmental, Social, and Governance (ESG) regulations is growing rapidly. ESG regulations are different standards the government prescribes for actions relating to the same. The purpose of these regulations is to motivate companies to adopt sustainable measures and practices that will ultimately result in a sustainable and ethical impact and will also protect their investors from greenwashing. These...
Interpretation Of Exclusionary Clauses Vis-A-Vis Rule Of Damages
An exclusionary clause in a contract is a contractual arrangement between the parties entering into the contract that restricts, limits, or excludes the liability of one of the parties against the other, in anticipation of the contingencies arising out of the breach of contract. The idea of limiting/ excluding the liability of either of the parties entering into the contract, on the breach of any contractual obligations, goes against the very edifice of the rule of damages/liability...