Articles
Controversy On New Tax Regime – No Clarity Before Litigation Challenges It?
'Income tax' which we call in Hindi 'Kar', has its origin under the law of the land, i.e., Indian Constitution. Entry 81, Schedule VII to the Constitution deals with the term 'Income tax' which means taxes on income only and nothing else. Separately, Article 265 of the Indian constitution deals with the taxes not to be imposed save by authority of law. It means that no tax shall be levied...
Curative - Rarest Of Rare Case; An Extraordinary Jurisdiction Of Curative Carved Out By Supreme Court For Supreme Court
Curative, an extraordinary special jurisdiction carved out by the Supreme Court under its inherent power vide Article 129 and 142 of the Constitution of India. 'Curative Petition', a term, a concept has been coined by the Supreme Court in 2002 by its judgment in the case of Rupa Ashok Hurra v. Ashok Hurra[1]. Before coming to the facts of this case and the reason why the...
Artificial Intelligence In Patent Law
Changing scenarios and the recent growth in technologies have shown the problem-solving capabilities in almost every intractable issue with an introduction of Artificial Intelligence (AI). However, navigating its risk pose a great challenge in the present time. It has the potential to radically alter almost all sphere of human life. In view thereof, this article will address...
Lacunae In Indian Law Regarding Latent Defects In Construction Contracts
The issue of deficiencies in construction projects and ascribing liability with respect such deficiencies has troubled the infrastructure industry since time immemorial. Almost 4000 years ago, King Hammurabi, who ruled the Kingdom Babylon from the year 1792 BC to 1750 BC passed an ordinance which governed the agreements entered into between a builder and an employer for the purpose...
Supreme Court's Refusal to Stay Legislation On Election Commissioner Appointments: Analyzing Implications For Democracy
With less than a month left for the 2024 General Elections, the Supreme Court on Friday (March 22) refused to stay on the legislation concerning the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) which had dropped the Chief Justice of India (CJI) from the selection panel, vesting ultimate power and authority in the panel comprising Prime Minister,...
OpenAI vs. The New York Times: A Pioneering Legal Battle Over AI and Copyright
The inception of the legal skirmish between OpenAI and The New York Times took root in late December 2023, when The New York Times took a bold step by filing a lawsuit against OpenAI and Microsoft. This marked a significant escalation in the ongoing discussions about the use of copyrighted material to train advanced artificial intelligence technologies, including the widely utilized...
Law Entrance Exams, A Closer Look
In the grand theatre of Indian legal education, the Common Law Admission Test (CLAT) and the All India Law Entrance Test (AILET) have emerged as the gatekeepers to esteemed halls of legal learning. Yet, as the CLAT nears its quindecinnial, marred by a series of challenges and inconsistencies, its credibility wanes. The AILET, while prestigious, shares a similarly flawed...
The Uniform Civil Code- Reigniting Debate
In the midst of the current debate on the Uniform Civil Code in India, a pivotal question remains unanswered: will it be declaratory, as advocated by Dr Ambedkar, or mandatory—a concern exacerbating tensions among minority communities? The issue of implementing a UCC has sparked heated debate and controversy in recent times. Proponents argue that the existence of diverse personal...
Study On The Protection Of Plant Varieties and Farmers Rights Act, 2001
As the country faces another farmers' protest soon after the father of agrarian reform in the country, MS Swaminathan, was conferred the Bharat Ratna posthumously. We examine a lesser-known statute, the Protection of Plant Varieties & Farmers' Rights Act, 2001, introduced to protect the rights of farmers, and whether it has, through a study of case-law on it, fulfilled its...
The Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS” For Short) At A Glance-Comments By Justice Ramkumar
This is in continuation of my earlier article titled “IS THE LEGISLATIVE MEASURE OF REPEAL AND SUBSTITUTION OF THE THREE EXISTING MAJOR PENAL STATUTES, AN INEVITABLE DESIDERATUM?”. On a closer scrutiny I find BNSS fraught with certain other illegalities and improprieties, although some of the provisions are welcome changes. I am sharing my thoughts with respect to the same. A The...
Section 303 Of IPC: Judgement In Mithu V. State Of Punjab And The Newly Added S. 104 Of BNS
As we all know, Section 303 of the Indian Penal Code, which mandates the death sentence for a person who commits murder while undergoing imprisonment for life was struck down by the Supreme Court in Mithu v. State of Punjab (1983) since it violated Article 14 and 21 of the Constitution of India.In the new penal code, The Bharatiya Nyaya Sanhita 2023 (BNS), the old Section 303 is replaced...