Law School Articles
Cabinet Releases Draft Patents (Amendment) Rules, 2024
Cabinet releases Draft Patents (Amendment) Rules, 2024In a notable move, the Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade) vide notification dated January 02, 2024, has proposed amendments to the Patents Rules, 2003, which shall be taken into consideration by the Central Government after the expiry of a period of thirty days i.e. after February 01, 2024.The Department for Promotion of Industry and Internal Trade (DPIIT) has invited objections or...
Non-Est Filing: A Roadblock To Challenge The Arbitral Award
Non-Est Filing: A Roadblock To Challenge The Arbitral AwardArbitration has been thriving in the legal landscape for more than two decades now. The Arbitration and Conciliation Act 1996 Act (hereinafter “Act”), the 2015 amendments and the evolving arbitration jurisprudence through various judgements have brought much need clarity in the law. All these efforts of making arbitration, effective, efficient, time saving, user friendly, etc. have made arbitration a go to option for the parties to...
Joint And Several Liability Through The Prism Of Motor Vehicles Act
Section 140(1) of the Motor Vehicles Act, 1988 (hereon referred to as “the act”) provides where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation in respect of such death or disablement in accordance with the provisions of this section. Ingredients to be...
Condonation Of Delay In The NIA Act: A Tale Beyond 90 Days
The notion of condonation of delay encompasses the discretionary power of a court to extend the prescribed time limit for filing an appeal or application. It pertains to the mechanism by which a court may grant clemency for the delay in submitting an appeal or application beyond the stipulated timeframe. This concept acknowledges that valid justifications or extraordinary circumstances may sometimes impede the timely filing by the concerned parties. By acknowledging the necessity for...
The Curious Case Of Fetal Viability
The nucleus of the concept of abortion lies in the debate of the rights of an unborn child as against the rights of women to bodily autonomy and exercising one’s choice. It was only in the 20th century that the rights of women started encompassing the idea of “bodily autonomy and reproductive choice”. In the last 30 years, over 60 countries have made strides with respect to framing abortion laws and overlooking its effective implementation. The laws vary with respect to the requirement of...
Subway Vs. Suberb: The Deceptive Similarity In Trademark Law
Intellectual Property Rights (IPR) are often granted to intellectual property creators in order to protect their rights for their innovations. In contrast to other IPs, the fundamental objective of granting one business exclusive rights to an identifiable name or symbol is for the convenience of the general population. Any term, phrase, artwork, or style that serves as an identification for a company in the market and sets it distinct from its competitors is considered a trademark....
Navigating The Jurisprudence Of Obscenity Laws In And Around India: An Examination Of Legal Interpretations
In a recent ruling by the Bombay High Court, dated October 12, 2023, it was held that provocative dance performances and suggestive gestures by women do not constitute "obscene" or "immoral" acts. This decision came almost a year after the Delhi High Court's order, dated November 30, 2022, which restrained social media platforms from circulating an explicit video involving a judicial officer. In a related incident, popular actor Ranveer Singh faced questioning by the Mumbai Police due to...
Harmonizing Justice: A New Mediation Law For India
Mediation has historically played a pivotal role in addressing conflicts within our diverse Indian society. Given the inevitability of disputes in a multifaceted culture like ours, mediation has stood as a testament to the faith people place in its effectiveness.However, an intriguing transformation is underway, as this ancient practice evolves into more than just a customary approach. The introduction of a new Mediation Act marks a significant departure from tradition, ushering in a genuine...
The Indian Space Program
The space community has been at the forefront of groundbreaking ideas, and the discussions have become larger, better, and more rigorous with each iteration of the space dialogue. The Indian space research programme stretches back to the 1960s, but it has rose to prominence in the twenty-first century with successful missions to the Moon and Mars. Scientists from the Indian Space Research Organization (ISRO) reflect on previous accomplishments and outline their future objectives.The launch...
Jeffery Dahmer Under The Glasses Of Criminology
Jeffrey Dahmer was born in 1960 in Milwaukee, Wisconsin. His parents worked as a teletype machine instructor and a chemist. As per the documentary it is evident that Dahmer was a psychologically challenged individual which could also have been because of the household he was in as a child. It has been stated that he was neglected as a child. His mother suffered from depression and had attempted suicide, he had noticed for most of his childhood violence at his house as a normalcy. Later,...
Emerging Technologies And Their Impact On Women Reproductive Rights And Healthcare
Reproductive healthcare is an essential part of women's health and rights, and technological advancements have the potential to completely transform the industry. Reproductive rights and healthcare are becoming more complex and nuanced, raising serious ethical and security issues that need to be properly explored. Gene editing, which enables scientists to tweak genes to eliminate hereditary illnesses or increase particular qualities, is one of the most important advancements in...
Role Of Lok Adalats In Promoting Access To Justice
Cases drag on for prolonged periods of time because of the long queue and backlog of pending cases that have clogged the Court System. In this situation, the classical phrase ‘Justice deferred is justice undone’ applies. As a result, the idea of Alternative Dispute Resolution (ADR) was developed.ADR seeks to offer people with alternate methods of pursuing justice, like the title itself implies. Under Section 89 of the ‘Code of Civil Procedure’ (CPC), some methods of dispute resolution...