Beyond Smell: Prototype Or Facsimile? A Call For Legal Resort

In the Fragnantic world, the demand for luxury perfume is rising. Esteemed brands such as Chanel, Dior, and Gucci have established a distinguished reputation, not only for their exceptional scents but also for setting a benchmark of elegance, sophistication, and excellence in the expanding market. However, the market has seen a boom in the creation of "dupes" as a result of these products' exorbitant prices. Social media has recently seen an increase in the visibility of ads and websites[1]...

Kafka Meets Code: A Law And Economic Analysis Of AI In Litigation And Justice Delivery

Please hold is a 2020 short film directed by KD Davila which was nominated for the Best short feature at the 94th Academy Awards. The Movie tells a Kafkaesque tale of a normal man accused of a crime he doesn't know about, in a world where AI manages the prison, including free legal aid to the inmates. Essentially a tale of desperation and the downside of an unsupervised, ill trained AI system. The movie echoes a warning bell with the recent developments of AI in the legal sector, particularly...

Transparency Concerns Loom Over High Court Judges Transfers, Collegium Process Under Scrutiny

The process by which judges are transferred between High Courts in India, governed largely by the Supreme Court collegium's recommendations, continues to face questions regarding its transparency and accountability. A recent application filed under the Right to Information (RTI) Act by the authori highlights the public's growing interest in understanding the policies and specific reasons behind these crucial judicial movements.The RTI application, dated April 23, 2025, sought detailed...

Presidential Reference-Much Ado About Nothing

A Presidential Reference under Art 143 is nothing unusual. The Constitution provides for it. There have been fourteen such references so far. What is, however, quite intriguing and disturbing is the context and background of the latest reference on May 13, 2025 and questions on which the Court's opinion is sought. Fourteen questions have been referred. The answers to many of them are obvious and readily available in the Constitution, the Constituent Assembly Debates and the earlier judgments. ...

A Legal Cheshire Cat Named 'Honorable Acquittal'

The concept of 'honorable acquittal' must be incorporated into the substantive and procedural statutes of criminal law to elevate the ideal of a fair trial from a hollow promise to a tangible realityOn 9th May this year, the Supreme Court of India in Renuka Prasad v. The State represented by Assistant Superintendent of Police (2025 LiveLaw (SC) 559) acquitted six individuals accused of murder, expressing deep disappointment over the mishandling of the case by the police and...

Bar Before Bench: Mandating Practice Of 3 Years As Advocate To Enter Lower Judiciary In India-How Far Justified?

As Sir Jerome Frank in the book "Law and the Modern Mind" has stated –“certainty of law is a myth”, the law pertaining to entry into the entry-level judicial services in the country is about to change. All hail the brilliant theory of realism! The Hon'ble Supreme Court in the recent and landmark case of All India Judges Association and Ors. v. Union of India and Ors (2025) has mandated the practice of three years in the courts in order to compete in the Judicial Services Examination held in all...

Legal Landscape Of Cosmetic And Reconstructive Surgeries

The field of cosmetic surgery occupies a unique and increasingly contested space within modern medicine. While traditionally, medical practice has been understood as the science of diagnosing, treating, and preventing disease, cosmetic procedures challenge this premise by often focusing on aesthetic enhancement rather than health restoration. This divergence has led to significant legal complexities, especially as the demand for such procedures grows and expectations around outcomes become more...

Right To Cool And Its Implications On Indian Workforce: A Statutory Gap

The increase in global temperatures represents one of the most pressing challenges of the 21st century. As the season of summer is gearing up, the temperature in some parts of India, particularly northern India is notching up to 35-40 degrees Celsius; it would not be taken as a surprise if it were to breach the level of 50-55 degrees Celsius at around May and mid-June. The Indian Meteorological Department has issued a prior warning related to heat waves affecting the lives and health of people...

Testimony of An Accomplice – Any Shift in the BSA?

An “accomplice" is an associate or partner in a crime.1 The expression "accomplice" is not defined in the Indian Evidence Act or in the Bharatiya Sakshya Adhiniyam (for short 'the BSA'). However, it is accepted that the word “accomplice" is used in its ordinary sense in the statutes. The evidence of an accomplice is usually admitted on the ground necessity, it being often impossible, without having recourse to such evidence, to bring the principal offenders to justice. The two...

A Step In Regression: Stamp Duty On Arbitral Awards In Maharashtra

Stamp duty is a tax on legal instruments, intended to validate documents and generate revenue for the state. Though it is a legitimate source of revenue for a state, overdoing or overcharging on one head has historically shown that such move affects adversely the relevant transactions and ultimately leads to loss for the state from such overcharged transaction or head. In India, stamp duty on arbitral awards is governed by state-specific legislation. Maharashtra, one of India's largest...

Jan Vishwas Act, 2023 & IP Law: A Shift From Punishment To Proportion

The Jan Vishwas (Amendment of Provisions) Act, 2023, brought significant changes to the arena of Intellectual Property and its related legislation and framework. It came into effect on August 1, 2024, intending to decriminalize certain offenses under IP statutes that are punishable by hefty fines and rigorous sentences, even though they are minor offenses. It is always a point of contention that India follows the reformative theory, which aims to reform criminals- i.e., to wipe out the sin, not...

A Plea For Reform - Court: State Vs A Nobody (A Film Review)

A girl who has finished her Class 12, but is a minor. A boy slightly older - an adult, who has dropped out of school. They become acquainted through a friend, the girl makes the first move, calling him. They talk on the phone, then again. A new, captivating feeling blossoms between them. Unbeknownst to the girl's family, she and the boy begin to connect deeply, eagerly anticipating each other's calls. They talk for hours, almost everyday. Rather, whenever they get a chance. Sometimes, the...