Articles
Understanding The Regulatory Regime For Clinical Trials In India
The process of developing a new drug, which has preventive or curative effects on ailments, is known as a 'clinical trial'. However, like all other human activities, there exits laws for regulating this process. This article examines the procedure for developing a vaccine as mandated by law in India and globally and the deficiencies given the need of the hour. History of the...
The Transgender Persons (Protection of Rights) Act, 2019
All but the transgender community in India has been deprived of basic rights in the fields of education, employment, and healthcare and have been subject to discriminatory practices since time immemorial. It was only recently that the need to protect their rights has been realised and a Bill was introduced in the Rajya Sabha "The Transgender Persons (Protection of Rights) Act,...
AP HC Issues Notice To Centre, State On PIL Alleging Phone-Tapping Of HC Judges With Connivance Of Govt., To Malign Institution Of Judiciary [Read Order]
The Andhra Pradesh High Court on Tuesday issued notice to the Centre, the state government, the CVC, the CBI and the TRAI on a PIL alleging that "with the active instigation of political bigwigs", an attempt is being made to "tap/keep surveillance on the phones of some of the judges of the High Court of Andhra Pradesh" with a view to "tarnish the image of the prestigious institution of...
Territorial Jurisdiction Under Trademark And Copyright Law In India
The question as to which court has the territorial jurisdiction to try and entertain a suit pertaining to trademark and/ or copyright infringement or passing off has been debated for a long time in India. With the passage of time and precedents laid down by the Courts, it is believed that the position of law relating to territorial jurisdiction in trademark and copyright disputes is...
"My Dear Fellow, The Case Is Tomorrow! Your Counsel Has Not Read The Brief" - The Story Of Bhulabhai Desai, The Lawyer Who Argued India Her Freedom
"And it will be a travesty of justice if we were to be told as a result of any decision arrived at here or otherwise, that the Indian may go as a soldier and fight for the freedom of England against Germany, for England against Italy, for England against Japan, and yet a stage may not be reached when a free Indian State may not wish to free itself from any country, including...
[Column] POTUS Vs SCOTUS Viz-a viz Prashant Bushan Vs Supreme Court Of India: Justice Madan Lokur
When it comes to statements on the highest court of the land, let's compare the President of the United States (POTUS) and Prashant Bhushan. For more than a hundred years, POTUS, in his different avatars, has been critical, from time to time, of the Supreme Court of the United States (SCOTUS), including its judges and more recently even the federal judiciary. Going by the view expressed by...
[Suo Moto Contempt] Right Of One Appeal: A Requirement Of Due Process
According to media reports of 19 August 2020, Justice Kurian Joseph, former Judge of the Supreme Court, has formulated the following question in the context of contempt of Court proceedings: "…whether a person convicted by the Supreme Court of India in a suo-motu case should get an opportunity for an intra-court appeal since in all other situations of conviction in criminal matters,...
Non-Personal Data Governance Framework And Competition Act
The recent report by the Committee on Non-Personal Data Governance Framework is unique in its treatment of data. Even though this framework is merely in Report form at present it is expected to become the basis of a new national legislation for regulating non-personal data. Recognising the many complications and conflicts that any attempt to regulate non-personal data would give rise...
The Legal Perspective Of Gaming Laws In India
It is interesting to see that the game developers and gaming companies are taking the industry to different world and levels to show skills, but as lawyers unfortunately it has to be seen that whatever is being created is in compliance with law. It is extremely important for the gaming community to understand the laws regarding the gaming laws. The scaling worldwide computerized economy...
No Criticism Culture!
If you criticize PM, you may be branded as anti-national, if you criticize government, you may be prosecuted for sedition, if you are Muslim and criticize government you may be declared as terrorist, if you criticize legislators, you may be liable for breach of privilege and if you criticize a judge, it becomes contempt of court. These attributes may be given a colour of Rule of Law...
Tabletop Airports-Dangerous Or Redeemable? (A Legal Perspective)
With the recent accident in Calicut International Airport, Kozhikode (KIA), it is time that we introspect the safety measures in airports which have tricky runways. "Critical airfields" or performance-limited runways are often categorised in most airline SOPs as the airports with runways that are risky for take-off and landing operations. Hence, after a mandate by the DGCA, most...