Articles
The Conundrum Of Concurring Judgements: More Questions Than Answers
Introduction: Article 141 of the Constitution of India emphatically states that the law declared by the Supreme Court shall be binding on all Courts across India. It is settled law that the "ratio decidendi" literally translated as "reason for deciding" is to have binding effect. Given the tendency of the Judges to write lengthy judgements which consider all relevant and...
Domestic Violence: A Shadow Pandemic
INTRODUCTION Phumzile Mlambo-Ngcuka, Executive Director of UN Women has termed the gender-based violence running parallel to the COVID-19 crisis as a shadow pandemic . The deep rooted clutches of COVID-19 is causing far grave consequences than estimated which engulfs not only the medicinal aspect, but also on the domestic front. Domestic violence inflicted upon women within...
Unboxing The Proposed Drone Laws: An Analysis Of The New Draft Rules On UAS/Drones In India
Introduction Drones or automation, in general, is the most significant development, which the aviation industry will undergo in the coming decades. Reports suggest that by the year 2024, the drone industry will reach $ 43.2 billion, in-fact it is predicted that many of our daily life activities will be replaced by drones. Various food delivery companies are already contemplating...
50 Years to Bank Nationalisation Case: Rustom Cavasjee Cooper v. Union of India
In the wake of the COVID-19 lockdown, the hardest hit is the agrarian sector and the poorest strata of the society. Since the earnings have been low, induction of credit in the accounts of people seemed the only viable option in order to overcome the plight of the distressed. Many social security schemes have come to the rescue of the poors, but in the midst of all this what we need...
Silence And 'Pragmatism:' Skirting Bail Conditions In The UAPA
The denial of bail to Safoora Zargar last week drew fresh attention to harsh conditions in the Unlawful Activities Prevention Act 1967, which make it exceedingly difficult to secure bail. Under S. 43D(5) of the Act, no person accused of certain UAPA offences can be released on bail if the court finds reasonable grounds to believe that the accusations against her are prima facie true....
Mishandling Of COVID-19 Affected Dead Bodies (Right To Life & Right to Die With Dignity)
INTRODUCTION The Supreme Court on June 11, 2020 took suo motu cognizance of former Union Law Minister and Senior Advocate Ashwani Kumar's letter highlighting news reports about the undignified treatment and disposal of the bodies of COVID-19 patients. A three-Judges Bench led by Justice Ashok Bhushan has been assigned by the Chief Justice S. A. Bobde to examine the issue. Mr....
Mistrust About Virtual Courts Can Be Resolved Through Humility And Compassion
The World is facing an unprecedented crisis by the COVID-19 pandemic. Ever since the pandemic, day in and day out, we have been getting scary news about this deadly virus. Some are true and some are not. The social media has also aggravated the problem by sometimes spreading fake news. People don't know which news is true and which is not. They sometimes believe the false ones...
The Heterogenity Of Life Imprisonment Without Remission: An International Analysis
The article discusses the constitutional challenges underwent by countries such as America, UK, Germany and South Africa in adopting the punishment of life imprisonment. The researcher examines in detail the type of life imprisonment that has been adopted by each of them. The international human rights standards that are attached to the punishment of life imprisonment without...
Mesne Profits -As Claimed Under East Punjab Rent Restriction Act 1949
The meaning of the word "mesne profits" as defined in the Webster Dictionary is - profits (as from crops) earned by one in wrongful possession of property. This word is often used as a legal tool, asserting to be a legal right, to recover the gains(profits), from a person who is in wrongful possession of the land/ property, by way of compensation or damages. Under the present...
Decriminalization Of Dishonour Of Cheque And Fundamentals About Section 138 Of The N.I Act, 1881
The outbreak of the novel COVID-19 has an impact on almost all the sectors across the globe and economy being no exception. The pandemic is causing ripping effect on various sectors of Indian economy as well. To mitigate the effect of this pandemic on the economy, the Central Government announced several important relief measures in the areas of Income Tax, GST, Customs and...
Breakdown Of Police – Public Relations And How Community Policing May Be A Solution
Killing of George Floyd by police officers of Minneapolis, USA has triggered massive world – wide protests. The question of racial inequality, without doubt, is the central narrative but what it has also laid bare is the callous attitude of police towards general public. A complete lack of apathy and use of brute force was in front of the whole world to witness. India is no stranger...