Law School Articles
The Marvel Civil War Dichotomy: Revisiting Morality Of Law
To make the world safer, there was an idea to bring together extraordinary people, to fight the battles that ordinary people never could. MCU calls them Avengers; they were the first line of defence. The Avengers fought unprecedented wars, but after the death of tens of thousands of people following the events of the New York battle in 2012, these people were subjected to restrictions under the newly passed law by the United Nations with the help of the king of Wakanda; T'Chaka, i.e. The...
Judicial Law Making Through Dictum In India: A Constitutionally Legitimized Practice
The following article analyses whether the Indian Constitution permits judicial law making through dictum by referring to constitutional provisions and judicial precedents. It also critically examines whether the treatment of dictum as established and binding law, is consistent with common sense and sound judicial practice.In India, like in any other constitutional democracy, the executive's role is to implement the laws, the role of the judiciary is to interpret the laws and that of the...
Judicial Law Making Through Dictum In India: A Constitutionally Legitimized Practice
The following article analyses whether the Indian Constitution permits judicial law making through dictum by referring to constitutional provisions and judicial precedents. It also critically examines whether the treatment of dictum as established and binding law, is consistent with common sense and sound judicial practice. In India, like in any other constitutional democracy, the executive's role is to implement the laws, the role of the judiciary is to interpret the laws and that of...
Judicial Artificial Intelligence
As has been shown, technologies have permeated all areas of everyday life, including law, many leading authors to question traditional roles and the challenges that artificial intelligence applications impose on the profession. In 1938, the automatic calculating machine was used in the House of Representatives of the State of Ohio. This was one of the first times technology was used in the legal environment. However, it has not been extensively studied until the American jurist...
Enforceability Of Foreign Arbitral Awards: Understanding The Restrictions Imposed By Morality And Public Policy
Section 44 of the Arbitration & Conciliation Act 1996 defines a "foreign award" as an arbitral award on differences between persons arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India. In Renusagar Power Co. Ltd. v. General Electric Co.[1], the Supreme Court of India laid down a test to determine what is contrary to public policy as such rendering a foreign award unenforceable. Therefore, it held that to refuse...
Section 124A: Journey Of Sedition Law So Far
Section 124A. Sedition definition Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine. Sedition is punishable under...
Victimization Of The Individual: The Unreported Crimes Due To Their Private Nature
Throughout the history of victim and crimes, victim's role has been shifting from time to time. At first, victims and their family were forced to deal with the issue and responsible for seeking justice on their own, but the world shifted from Middle Ages to Industrial revolution age, the burden of dealing with issue shifted from victim and their family to a formal criminal justice system. Now the focus has shifted from victim to achieve retribution to offender, to victims contributes to...
Surveillance A Threat To Democratic Society: An Analysis Of Indian Supreme Court's Order In Pegasus Case
The Apex Court on 27 October 2021 ordered for the formation of an independent expert committee to investigate the allegations related to surveillance of politicians, activists, journalists, and constitutional authorities using the Pegasus spyware, the committee will be headed by Justice RV Raveendran, former Supreme court judge. Pegasus spyware is developed by the Israeli cyber firm NSO, it has targeted hundreds of phones in India, the spyware can enter the device of the targeted ...
RBI's De Minimis Regulatory Safeguards: Inherent Enigma Surrounding Regulation of Cryptocurrencies
Proliferation of technology and emergence of digital payment services herald ushering of virtual currencies. Internet Technology has revolutionized the conventional conception of currency and financial transactions by begetting a phenomenon known as Bitcoin as the first form of cryptocurrency in the year 2009 by a developer having pseudonym Satoshi Nakamoto. Virtual currencies elude a comprehensive and a precise definition, grappled with semantic vagaries ranging from a property to means...
What's The Lakshman Rekha For 124A?
The recent action of filing an FIR on charges of sedition by the Andhra Pradesh government against MP Raghurama Krishna Raju and also on news networks for airing such information reminds us of colonial period rule. The country that takes pride in being the biggest democracy ranks 142/180 in the World Press Freedom Index, and the fundamental right to seek and disseminate information through an independent press is under attack, and one of the perpetrators is unexpected – our very own leaders....
Enlargement of Scope & Changed Judicial Contours of Section 138 NI Act Before SC's Ruling in M/s Laxmi Dyechem v. State of Gujarat
This extant academic exercise would endeavour to adumbrate and debunk the follies of strictly construing a penal provision as contained in Section 138 of the Negotiable Instruments Act, 1881 so as to accord the defaulters a lucrative incentive to elude conviction for dishonoring a cheque payable to discharge the legally enforceable debts or liabilities and further to exhort readers to eschew adopting a construction that would invariably render the object of the statute as well as the...