Critically Analysing The Interpretation And Application Of The Definition Of Pre-Packaged Commodity

The Origin of modern legal metrology can be traced back to 18th century France with the introduction of decimal metric system for trade. In 1875, Treaty of Meter was enacted to bring international uniformity and precision of standards of weights and measures. This also resulted in establishment of International Committee of Weights and Measures and the National Measurement Initiatives in the developed nations. Subsequently, in 1955, the International Organisation of Legal Metrology was...

Questioning State Is Not 'Anti-National' : Senior Advocate KV Viswanathan Writes About Law Minister's Comments

When India’s Union Law Minister describes retired judges in a rather harsh manner, it is something that cannot be taken lightly. For the Minister to label retired judges who question “state policies” as being “anti-India” elements is not just a case of a flawed understanding of concepts but also a matter of grave concern for citizens.The Minister’s parting shot, based on the erroneous assumption that certain judges are working against India and “will have to pay the price”, was not only...

Need For An Ethical Framework On Usage Of Generative AI In The Legal Realm

Generative AI chatbots, such as ChatGPT and Bing Chat, is one of the most remarkable advancements in the line of language processing applications. With an estimated user base of 100 million just two months after it was first launched, ChatGPT is also one of the most quickly adopted innovations in history. The alluring feature of generating detailed text outputs with nothing but a prompt or a gentle nudge in the form of a short text input has invited appreciation and provoked fear in equal...

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...