Kapil Sibal Writes : We Are Witnessing Undeclared Emergency & Courts Are Silent

Indira Gandhi declared a National Emergency on June 25, 1975, under Article 356 of the Constitution on grounds of a breakdown of the constitutional machinery. Between June 25, 1975 and March 21, 1977, with the suspension of fundamental rights, several citizens of the country could not protect their liberties under Article 21 and 226 of the Constitution. The individuals targeted during this period, according to me, were not on trial. Instead, the courts were on trial.The Madhya Pradesh High Court...

The Rise Of Deepfake Technology: A Threat To Evidence In Arbitration?

In the recent week, a video had been circulating of Rashmika Mandanna which was later proven to be deepfaked. The video caused immense humiliation to the actress who later on went to Instagram expressing her displeasure. Famous Actor Amitabh Bachan also went to social media to express his views to the same. Deepfakes are something that has come to public attention in recent times and is now proving to be dangerous. A fictitious video was circulated where Russian President Vladimir Putin...

Tracing The Evolution Of Stare Decisis In English Courts From The Mid 19th Century Onwards

House Of Lords Position prior to 1966: Rigid, inflexible adherence to precedents Since years, the House of Lords had followed a very rigid adherence to the rule of precedents by holding that its previous decisions are as binding upon itself as they are on inferior courts. For the sake of certainty and consistency, the House debarred itself from ever reconsidering any of its previous decisions and held that the law declared by it can only be set right by an Act of Parliament. ...

UK Supreme Court's Verdict On Rwanda Asylum Policy & Reflections On Indian Supreme Court's Approach To Rohingyas

In a significant legal development, the United Kingdom Supreme Court recently issued a ruling, declaring the UK government's policy of relocating asylum seekers to Rwanda unlawful. Led by the UK Home Secretary, this policy drew intense scrutiny for its potential breach of the principle of non-refoulement, a bedrock of international refugee and human rights law, as per which, a country is forbidden from returning asylum seekers to a country in which they would be in probable danger of persecution...

International Cooperation And Legal Mechanisms To Combat Wildlife Black Market Activities

Wildlife crime like illegal drugs and weaponry, are trafficked by deadly transnational networks. It is nearly impossible to collect credible numbers for the value of the illegal wildlife trade due to its very nature. The wildlife trade monitoring network estimates that the traffic is worth billions of dollars. As a result of their increasing focus to unlawful global wildlife trafficking, authorities have confiscated a higher number of live animals, emphasising the need of safely...

The Quest For Intellectual Property Protection: A Global View On Video Game Characters’ Copyright

The digital age has witnessed an unprecedented surge in the popularity of video games, turning them into a mainstream form of entertainment. Central to the success of many video games are the characters that inhabit these virtual worlds. The protection of these characters under copyright law is a critical aspect of safeguarding the creative efforts invested in their design and development. This article delves into the copyrightability of video game characters, conducting a comparative...

Filing Of Caveat Under Section 148a Of Civil Procedure Code, 1908

There are prevailing misconceptions among young lawyers and even among the many experienced practitioners pertaining to Caveat. The existing misconception regarding Caveat is the thinking that the Caveat is like a magic wand which when waved will bring the decision of the Court in their favour. This article discusses important judgments, filing of a caveat under Section 148 A of CPC, etc. in extenso. Meaning of Caveat The dictionary meaning of the word ‘Caveat’ is ‘Warning’...

"Parliamentary Privileges In Case Of Defamation Justified Or Not?"

Lawmakers in India enjoy special rights thanks to Articles 105[1] and 194[2] of the Constitution. The said privileges are governed under Rule No. 222 of the Lok Sabha Rule Book and Rule 187 in chapter 16 of the Rajya Sabha rulebook. Members of parliament have an absolute privilege, which means they cannot be sued in any court for defamatory words or sentences spoken during legislative proceedings or debates, even if they were said maliciously. Parliamentary privileges does not give one ...

All “Disclosure Statements” By An Accused Are Not “Confessions”

A “disclosure statement” made by an accused person leading to the recovery of an object under Section 27 of the Indian Evidence, 1872, can attract the taboo under Sections 25 and 26 of the Evidence Act, only if such a statement includes or amounts to a “confession”.“Confession” is an “admission” which in turn, is a “statement” 2. A closer examination of the scheme under the Evidence Act will show that “confessions” falling under Sections 24 to 27 are “admissions” which in turn are...

Democratizing International Tax Law

The Indian Supreme Court, on October 19, reaffirmed an important constitutional principle that international obligations assumed by the executive cannot have the force of law unless definite statutory conditions are met. The judgment, delivered in Assessing Officer (International Tax)vs. Nestle SA, considered whether a government notification is pre-requisite to enforcing the most-favoured-nation (MFN) clauses under India’s tax treaties, in view of the interplay between domestic law and...

Jharkhand In Dire Need Of Hematologists – Actions In The Form Of Legal Injunctions Expected From Thalassmia Patients

On October 12, 2023, the Jharkhand High Court after hearing a Public Interest Litigation (PIL) for the cause of thalassemia patients asked the state government to outline the facilities that are available in the state of Jharkhand regarding treatment and blood transfusion to patients suffering from thalassemia. Sickle cell anaemia and thalasmmeia has a reasonable prevalence rate of eight to ten percent in Jharkhand. This is double the national average. No wonder the state is considered to...

Harassment Tort In Different Jurisdictions: A New Horizon

Tort is an infringement of legal obligation which amounts to civil wrong. The purpose of tort law is to provide a relief against a harm that has been done to a person and to protect them from the wrongdoings of others. Usually, this is done by compensating the victim with monetary compensation. In the economically developed nations like U.S.A, Australia, Canada and U.K., tort law has developed and increased significantly in this period of liberalization. Several new forms of torts have...