Articles
Disclosure Of Trade Secret On The Path To A Patent: Lacunae In The Law
The term “patent”[1] refers to an exclusive monopoly or right that has been granted to the inventor for a particular product, or the process that goes into the making of the product. This could either be because it offers the general public a novel method of using a pre-existing procedure, (or process) or a new device which provides a solution to an already existing problem (product). When...
Impact Over Intention – Abuse By Caste Name
Within a month, the Rajasthan High Court, in two different cases, quashed the charges, inter alia, under section 3(1)(r), of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“SC/ST Act”) and the similarly worded section 3(1)(x) of the erstwhile SC/ST Act. On 12 November 2024, the court, in Achal Singh and others v. State of Rajasthan (“first...
Section 29A Of Arbitration & Conciliation Act, 1996: Complications More Than Cure
This article is an attempt to highlight the complexities involved under Section 29A of the Arbitration & Conciliation Act, 1996. The “complexities” referred to are not only limited to the litigants involved in the arbitration, but also extends to the Advocates and Arbitral Tribunal. Additionally, this article also touches upon how the power conferred upon the “Court”...
The Babri Demolition and the Judiciary: Ineptitude or Incompetence?
On the thirty-second anniversary of the shameful demolition of the Babri Masjid, we see that the Pandora's box has been opened. There are several litigations by plaintiffs belonging to the majority community about alleged temples that are believed to have existed on the lands occupied by mosques and dargahs. Sambhal and Ajmer Sharif are the latest instances. The Places of Worship...
Regulating Puffery:The No.1 Solution To Covert Disparagement
Earlier this year, the High Court of Delhi (“DHC”) in Kent RO Systems Ltd. v. Advertising Standards Council ofIndia & Ors., held that puffery falls outside the scope of disparaging advertisements. This means that advertisers shall not be penalized for making exaggerated or vague claims in their advertisements as a legitimate marketing strategy. This decision has reignited the...
A Legal Intro To Redevelopment In Mumbai
Mumbai, India's financial capital and most populous city, faces a monumental challenge in accommodating its ever-growing population within its limited geographical area. The scarcity of land and the high population density have made redevelopment an essential tool for urban planning and growth management. Redevelopment involves the reconstruction of old, dilapidated buildings to optimize...
Sanganer Open-Air Camp: Prison Where Prisoners Live With Their Families
India is not new to the open-correctional institutions. One of the open correctional institutions, Sanganer open-prison, officially known as Shri Sampurnanand Khula Bandi Shivir, has been there for six decades now. Allegedly, the land on which the open prison operates has recently been allotted by the Rajasthan Government for constructing a Satellite hospital and it is a matter of...
Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition
The fixing of time for concluding the trial and renewing the Bail application after a certain time became a generally inevitable part of criminal jurisprudence of the High Courts of India and the Supreme Court while deciding Regular Bail Petitions. In other words, it may be stated that the Courts impose a virtual 'cooldown period for seeking bail'. In this context, this article provides...
Sports Governance: A Case Of Apathy, Lethargy And Unbridled Corruption
Regulation of sports governance by the Central Government has always been a thorny issue, and the latest attempt by the Ministry for Youth Affairs and Sports (“Ministry”) is no different. In the second week of October this year, the Ministry issued the Draft National Sports Governance Bill, 2024 (“Bill”),[1] inviting comments and suggestions. In what could have been...
An Emotion Called Devotion
The judiciary is coming to terms with a sharp ideological divide across the world, where notions of justice are grounded in different worldviews. This creates new expectations from judges and decision making, which is often expected to move beyond the strict framework of black letter law. It is required to be sensitive to historic injustices and oppression, marginalization, and traumas...
Will India's Initiative Turn Out To Be A Significant Breakthrough In Reorienting The Indus Water Treaty?
The Indus Waters Treaty (IWT) is one of the "most successful" transboundary water agreements in the world, which was borne out in the late 1950s, as a result of the extensive discussions between India, Pakistan, and the World Bank. It has long been regarded as thestandard for institutional bilateral water-sharing agreements, particularly because it has withstood numerous wars and crises...
