Articles
Untangling The Mysteries Of AI-Generated Content And Copyright
The combination of human ingenuity and cutting-edge technology has given birth to a new frontier of innovation in the digital age: Artificial Intelligence (AI). AI has emerged as a transformational force in a variety of industries, pushing the limits of what is possible and challenging conventional assumptions of human inventiveness. Content production is one of the most exciting areas...
J.D. Inverarity – A Centennial Tribute
John Duncan Inverarity was one of the most eminent men of law. He was both an astute lawyer and a forceful advocate. There is no better and more comprehensive pen-picture of him than what is contained in P.B. Vachha’s Famous Judges, Lawyers and Cases of Bombay: Inverarity who practised in Bombay for 53 years from 1870 to 1923 was the greatest, ablest and most powerful advocate that...
Our Delusional Denial Of Tailpipe Emissions
Delhi's air pollution spiked pre-Diwali unseasonaly to 50 times the WHO permissible limits. It remains there post Diwali 2023 as well. As much as there is tremendous urgency in addressing the issue of air pollution, the debate is predictably straying farthest away from the prime cause for it – viz. the complete absence of meaningful tail pipe emission norms in place in India. On...
An Assessment Of Foreign Companies’ Right To Exclude The Jurisdiction Of Indian Courts For Disputes Against Indian Individuals And Entities
In an increasingly globalized world, Indian consumers have become used to benefitting from products and services offered by foreign companies. In fact, some of these have become an unavoidable part of the modern way of living. Be it using Amazon to find practically anything that you want to buy, or using YouTube to stream and share content, the services offered by these companies...
Deceptive Marketing Practices: Exploring Legal Dimensions Of Surrogate Advertisements And Consumer Misleading
In India, surrogate advertising is predominantly employed in the tobacco and liquor sectors due to the prohibition of direct promotions for these products. To overcome this restriction, liquor and tobacco industries have devised surrogate ads as a strategic workaround. Rather than directly showcasing the banned items (alcohol or cigarettes), companies present them indirectly...
Sir Benegal Narsing Rau- An Anniversary Tribute
We celebrated Constitution Day on November 26. The role and contribution of B.N.Rau in the making of our Constitution is marvellous. The 70th anniversary of his passing is on November 30. It is only appropriate that we remember his life and work and salute his sacred memory.To pay tribute to B.N. Rau, “is to paint the lily, to gild refined gold and throw a perfume on the jasmine,” for...
International Perspectives: Jurisdictional Considerations In Penalty Guidelines – US, EU, & UK
On 26th October 2023 the MCA released a notification[1] asking the CCI to issue penalty guidelines u/s 64 of the Competition Act, 2002, which gives it the authority to publish non-binding guidelines on the provisions of the Act. The Supreme Court in the Excel Crop Care Case[2] settled the law by incorporating the ‘Doctrine of Proportionality’ i.e. the penalties under the Competition...
The Need For A Comprehensive Blood Law For India: Thalassemia In Focus
In India, issues related to access and safety of blood have emerged time and again. This issue is particularly concerning in the case of repeat blood recipients like patients of blood transfusion dependent thalassemia major patients, who need frequent blood transfusions for survival[1]. The issue can be largely attributed to weak regulation governing blood transfusion services in India....
Technology And Human Rights
Justice Chandrakant V Bhadang, President, ITAT; Justice R.V Easwar, former judge Delhi High Court; Shri S K Tulsiyan, President, Kolkatta IT Bar Association; Smt. Smita Srivastava, Pr. CCIT, W.B. & Sikkim; Shri Raj Pal Yadav, Vice President, ITAT, Kolkata Zone; Dr. N K Chakraborty, Vice Chancellor, N.U.J.S., Kolkata; Shri J.P. Khaitan, Senior Advocate, Calcutta High Court, my...
Kapil Sibal Writes : We Are Witnessing Undeclared Emergency & Courts Are Silent
Indira Gandhi declared a National Emergency on June 25, 1975, under Article 356 of the Constitution on grounds of a breakdown of the constitutional machinery. Between June 25, 1975 and March 21, 1977, with the suspension of fundamental rights, several citizens of the country could not protect their liberties under Article 21 and 226 of the Constitution. The individuals targeted during...
The Rise Of Deepfake Technology: A Threat To Evidence In Arbitration?
In the recent week, a video had been circulating of Rashmika Mandanna which was later proven to be deepfaked. The video caused immense humiliation to the actress who later on went to Instagram expressing her displeasure. Famous Actor Amitabh Bachan also went to social media to express his views to the same. Deepfakes are something that has come to public attention in recent times and is...
Tracing The Evolution Of Stare Decisis In English Courts From The Mid 19th Century Onwards
House Of Lords Position prior to 1966: Rigid, inflexible adherence to precedents Since years, the House of Lords had followed a very rigid adherence to the rule of precedents by holding that its previous decisions are as binding upon itself as they are on inferior courts. For the sake of certainty and consistency, the House debarred itself from ever reconsidering any of its...