Consumer Protection And The Law Of Insurance

The term Insurance refers to a shield against the risks involved in the various market investments. Insurance is a type of contractual arrangement also referred to as Policy arrangement in a form of guarantee or Indemnity where one party through a form of Contract agrees to provide surety or indemnity against the loss of third person. Undoubtedly Insurance come as a big relief during the times of despair and because of digitalization and cashless mode of payments, many Insurance...

The Implications Of Remorse In The Sentencing Stage Of A Death Penalty Case

Expressing remorse/repentance is widely held to be a part of the moral character of an accused in contrast to bad character for which he is punished.[1] Consideration of remorse as an aggravating or mitigating factor at the time of sentencing has been an area of debate which has produced diverse opinions. While implication of presence of remorse is explicitly dealt with at the sentencing stage, its inference is drawn from pre-trial and trial stages as well. Presence of remorse at the...

The Override Clause- Israel’s Quest For Its Kesavananda

It is a turning moment in the constitutional history of Israel, it is a Kesavananda Bharti-like opportunity to protect and preserve the basic tenets of democracy. The city of Tel Aviv is gathered by thousands of people protesting on the streets for what they call ‘standing up for democracy’. Protests have been going on in the national capital for nine weeks, against the action taken by Prime Minister Benjamin Netanyahu’s Government. The proposed reforms aim to overhaul the legal ...

International Child Removal To India And The Balancing Factors In A Writ Of Habeas Corpus: Show Me The ‘Baby’

Indian case law extensively covers matters concerning international parental child removal to India from a foreign country. Typically, such disputes arise when one parent (the “taking parent”) removes the child from his or her home country without the knowledge or consent of the other parent (the “left-behind parent”). India has not signed the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction. Therefore, in the Indian context, it is not an option...

Section 27 of Evidence Act For More Lucidity

Read this in continuation of the Article “Section 27” Of The Evidence Act And The Verdict In “Pulukuri Kottaya” Continue To Elude The Comprehension Of Many Judges At All Levels"If the “information” to be received from an accused person in the custody of a Police Officer should be regarding a “fact...

Rahul Gandhi’s Conviction And Disqualification Are On Questionable Grounds

The conviction of former Congress Member of Lok Sabha, Rahul Gandhi by a Surat court for criminal defamation (Purnesh Modi vs Rahul Gandhi) has led to a debate on whether what he said, in the course of an election speech in 2019, constitutes an offence under the law. The constitutional validity of Sections 499 and 500 of the Indian Penal Code and Sections 199(1) and 199(4) of the CrPC was upheld in Subramanian Swamy vs Union of India in 2016 by a two-Judge bench of the Supreme Court. In this...

Broadening Powers Of DG: Dawn Raids And The CCI’s Responsibility

Raids, conducted by government officials are intended to collect incriminatory evidence against an entity or individual accused of committing act(s) which are in contravention of law. However, the procedure required under numerous statutory provisions makes it too obvious for the entity before the same is conducted thereby providing it necessary opportunity to hide, tamper or destroy evidence essential for their successful prosecution. To prevent such inconvenience on part of the...

Supreme Court’s Curative Order Has Made Justice For Bhopal Gas Tragedy Survivors Even More Elusive

The Supreme Court’s March 14 order in Union of India & Others vs Union Carbide Corporation & Others, dismissing the curative petitions seeking reexamination of the settlement amount, reached in 1989, following the Bhopal gas disaster in 1984, raises serious questions about the Court’s approach to the survivors’ grievances.The Constitution Bench, comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, Abhay S.Oka, Vikram Nath and J.K.Maheshwari, dismissed the petitions on the specious plea...

The Minimum Wage Security Jurisprudence

In the current article the various facets of minimum wage and how it is understood by the various schools of thought is analyzed. Further the article also ponders over the debate as to the rightfulness and the worthiness of minimum wage laws and its necessity in the current economic situation. Moreover, the article also discusses the jurisprudential aspect of minimum wage and more precisely the reason behind having such a law in place in almost every country of the globe.Definition of minimum...

Recent Appointments To Higher Judiciary: Time To Make Informal Criteria Transparent

One advantage of researching the background of those being appointed to the Supreme Court is the insights they yield regarding the role of pedigree in their success at every stage in their long judicial careers. Four out of the eight recent appointees to the Supreme Court -about whose family background information is available in the public domain - belong to reputed legal families, with their father or grandfather having been successful lawyers or Judges in the High Courts. This number...

A Long-Standing Discord On Article 282

The concept of freebies has become a buzzword with the preponderance of promises made by political parties. Promises or distribution of free electricity, free water supply, etc. have become commonplace in the Indian political milieu. In light of the above events, a few months ago, a PIL petition was filed to oppose the practice of political parties promising freebies. The petitioner had challenged promise/distribution of private goods/services, which are not for public purposes, from...

What is Surrogate Advertising?

Surrogate advertisements are essentially a substitute advertisement for the goods which cannot be directly advertised due to the prohibition of law, the goods that form the corpus of such prohibition are: tobacco products, Alcohol, Narcotic substances and other such products. Why does a brand invest large sum of money on a brand extension which is rarely marketed? Or why is a company sponsoring events which are nowhere related to their sector of business? These brands gain recall value...