Articles
Confinement To A Cage: The Bridled Under Trial Prisoners In India
The Manu's legal system in this terra firma is chicanery from the nutshell inside, the criminal justice delivery mechanism is grappling with a persistent problem of overcrowding in prisons, targeted towards the case of under-trial prisoners, Indian Constitution guaranteeing basic human rights to every individual, the condition of under-trial prisoners goes beyond the just principles of speedy trial and dignified living. The prison population in India mainly comprises under-trial prisoners...
Emergency Arbitration In India And Contentious Issues
Ever since its inception in the year 2006 the concept of emergency arbitration has gained ground among parties resorting to arbitration. The concept first saw the light of day in the rules of the International Centre for Dispute Resolution (“ICDR”) in 2006, whereafter, the International Chamber of Commerce (“ICC”) has also included a similar provision in its rules in 2012. Since then, the concept of Emergency Arbitration has been included in their body of rules by several institutions...
The Deep Struggle For Equality In Tribal Succession Practices Of North East India
In a world where women and girls constitute a significant 49.7% of the global population, their presence is paradoxically overshadowed in discussions on demographics, often leading to the violation of their rights within population policies. While strides have been made in recognizing and safeguarding the autonomy of tribal communities, debates arise, raising questions about gender inequality. The need for special arrangements for tribal communities, providing them with autonomous...
Controversy On New Tax Regime – No Clarity Before Litigation Challenges It?
'Income tax' which we call in Hindi 'Kar', has its origin under the law of the land, i.e., Indian Constitution. Entry 81, Schedule VII to the Constitution deals with the term 'Income tax' which means taxes on income only and nothing else. Separately, Article 265 of the Indian constitution deals with the taxes not to be imposed save by authority of law. It means that no tax shall be levied or collected except by the authority of law. Now, it's the end of the present financial year i.e.,...
Curative - Rarest Of Rare Case; An Extraordinary Jurisdiction Of Curative Carved Out By Supreme Court For Supreme Court
Curative, an extraordinary special jurisdiction carved out by the Supreme Court under its inherent power vide Article 129 and 142 of the Constitution of India. 'Curative Petition', a term, a concept has been coined by the Supreme Court in 2002 by its judgment in the case of Rupa Ashok Hurra v. Ashok Hurra[1]. Before coming to the facts of this case and the reason why the Supreme Court carved out this extraordinary jurisdiction, it is important to understand what is the meaning of the...
Artificial Intelligence In Patent Law
Changing scenarios and the recent growth in technologies have shown the problem-solving capabilities in almost every intractable issue with an introduction of Artificial Intelligence (AI). However, navigating its risk pose a great challenge in the present time. It has the potential to radically alter almost all sphere of human life. In view thereof, this article will address the significant constraints to prevent its application that holds several dangers for the society as well as in the...
Lacunae In Indian Law Regarding Latent Defects In Construction Contracts
The issue of deficiencies in construction projects and ascribing liability with respect such deficiencies has troubled the infrastructure industry since time immemorial. Almost 4000 years ago, King Hammurabi, who ruled the Kingdom Babylon from the year 1792 BC to 1750 BC passed an ordinance which governed the agreements entered into between a builder and an employer for the purpose of building houses. As per the said ordinance, King Hammurabi commanded his will in the following manner: ...
Supreme Court's Refusal to Stay Legislation On Election Commissioner Appointments: Analyzing Implications For Democracy
With less than a month left for the 2024 General Elections, the Supreme Court on Friday (March 22) refused to stay on the legislation concerning the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) which had dropped the Chief Justice of India (CJI) from the selection panel, vesting ultimate power and authority in the panel comprising Prime Minister, Union Minister and Leader of Opposition of Lok Sabha to appoint CEC and ECs. The refusal to stay the...
OpenAI vs. The New York Times: A Pioneering Legal Battle Over AI and Copyright
The inception of the legal skirmish between OpenAI and The New York Times took root in late December 2023, when The New York Times took a bold step by filing a lawsuit against OpenAI and Microsoft. This marked a significant escalation in the ongoing discussions about the use of copyrighted material to train advanced artificial intelligence technologies, including the widely utilized ChatGPTThe essence of the contention is the allegation that such application not only infringes upon copyright...
Law Entrance Exams, A Closer Look
In the grand theatre of Indian legal education, the Common Law Admission Test (CLAT) and the All India Law Entrance Test (AILET) have emerged as the gatekeepers to esteemed halls of legal learning. Yet, as the CLAT nears its quindecinnial, marred by a series of challenges and inconsistencies, its credibility wanes. The AILET, while prestigious, shares a similarly flawed lineage. Issues with CLAT and AILET Exams Over the Years Year Change/Mistake ...
The Uniform Civil Code- Reigniting Debate
In the midst of the current debate on the Uniform Civil Code in India, a pivotal question remains unanswered: will it be declaratory, as advocated by Dr Ambedkar, or mandatory—a concern exacerbating tensions among minority communities? The issue of implementing a UCC has sparked heated debate and controversy in recent times. Proponents argue that the existence of diverse personal laws encourages ambiguity and inconsistency, making legal matters challenging to deal with. On the other hand,...
