Articles
Need For Policy-Driven Digital Rehabilitation In India
In today's technological era, the research ecosystem around digital services is getting richer. There is curiosity-driven literature around the assistive role of digital rehabilitative interventions (DR) being developed across the globe. The National Center for Biotechnology Information, USA, in 2023 defined DR as a part of the rehabilitation process that utilises technology as a means of target-correcting a person's mental or physical ailment, and improving their functioning in society....
Applicability Of Section 17 To Foreign Seated Arbitrations
Currently under the framework of the Arbitration and Conciliation Act, 1996 (“Act”), Section 17 (which deals with powers of the arbitration tribunal to grant interim measures) –by virtue of it being under Part I of the Act– is applicable only to arbitration that are seated in India. However, in arbitrations seated outside India, the party seeking interim reliefs against the...
Genetic, Environmental, Legal Challenges Of Antisocial Personality Disorders In Criminal Justice System
In recent years, the Indian judiciary has emphasized that no one is born a criminal, highlighting the influence of environmental factors on criminal behaviour. However, scientific evidence indicates that genetic traits also play a significant role. Conduct disorder, sociopathy, and psychopathy are conditions that manifest as a pervasive pattern of behaviour where individuals infringe...
Applicability Of CrPC After July 1, 2024: A Conflict In The Twilight Zone
Within days of coming into force, the much celebrated new criminal laws which repealed the "colonial remnants" have provoked a legal conundrum qua their applicability to offences registered prior to July 1, 2024.There is also uncertainty regarding applicability of the old statues to proceedings after the said date. This article is an attempt to dissect some of these issues.If an offence...
Chaining Freedom: The Conflict Between Use Of Handcuffs Under BNSS And Right To Life And Personal Liberty
On 1st July, 2024, the new criminal laws i.e., Bharatiya Nyaya Sanhita, 2023 ['BNS'], Bharatiya Nagarik Suraksha Sanhita, 2023 ['BNSS'] and Bharatiya Sakshya Adhiniyam, 2023 ['BSA'] have come into force replacing the Indian Penal Code, 1860, Code of Criminal Procedure, 1973 ['CrPC'] and the Evidence Act, 1872 respectively. Though the objective behind enforcement of these new criminal...
Lawyers Advertising Through Online Portals, Commodification Of Profession Against Ethical Mandate
In ancient Greece, Socrates warned against the sophists who, much like hawkers in a bustling marketplace, peddled their teaching services purely for profit. Fast forward to the present day, and the tension between commercial interests and professional integrity has found a modern parallel in India's legal practice. The recent Madras High Court judgment in P.N. Vignesh v. Bar Council of...
Reviewing Judicial Review: Loper Bright's Mausoleum for Chevron
“Though criticized by many commentators, Loper Bright is a shot in the arm for the concept of judicial review”On June 28, 2024, the Supreme Court of the United States (SCOTUS) delivered a landmark decision in Loper Bright v Raimondo, marking a significant shift, nay homecoming, in administrative law. The Court overturned (6:3) and finally buried the longstanding 'Chevron doctrine'...
The Never-Ending Bail Hearing In Delhi Riots Conspiracy Case
The prosecuting agency should not oppose bail plea citing seriousness of offence if it cannot protect accused's right to speedy trial, the Supreme Court has observed recently in a UAPA case. The Apex Court also reminded the trial courts and High Courts “a very well-settled principle of law” that bail is not to be withheld as a punishment. While the Supreme Court has yet again emphasized...
Are You Wealthy With NRI Connection ? Merit Is Not An Issue, There Is Reservation For Rich In National Law Universities
National Law Universities are considered premium places to study law in India, they have the best, the infrastructure, faculty, and campus like I.I.T.s considered the best to pursue engineering. Like other colleges in India, NLUs also have reservations for disadvantaged sections like SC, ST, OBC, EWS PWD, and Women. They do have special categories of reservation, named as 'NRI' and ...
Widening The Scope Of SBO Rules; A Lesson From Linkedin India And Samsung
Samsung Display Noida Pvt Ltd ('Samsung Noida') and Linked InTechnology Information Pvt Ltd ('LinkedIn India') recently found themselves in a legal bind after the Registrar of Companies ('RoC') penalized them in separate rulings for active non-compliance in disclosing Significant Beneficial Ownership of their companies. These rulings were particularly noteworthy in that the penalty...
Trump V. United States: The Ghost Of Marbury And Its Impending Pitfalls
A federal grand jury had indicted former US President Donald Trump on four counts for attempting to invalidate the results of the November 2020 US elections by knowingly spreading false claims of election fraud, during the final days of his Presidency. Trump based his motion to dismiss the indictment on Presidential immunity, arguing that a President enjoys absolute immunity...
Criminal Remedies For Copyright Infringement: A Comparative Look At India's Old And New Criminal Legislations
Copyright infringement is a serious issue within the realm of intellectual property law, demanding robust legal frameworks to safeguard creators' rights. India has recently introduced significant legislative reforms to modernize its legal system, the new statutes—Bharatiya Nyaya Sanhita, 2023 (BNS), Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and Bharatiya Sakshya Adhiniyam,...