Articles
UK Supreme Court's Verdict On Rwanda Asylum Policy & Reflections On Indian Supreme Court's Approach To Rohingyas
In a significant legal development, the United Kingdom Supreme Court recently issued a ruling, declaring the UK government's policy of relocating asylum seekers to Rwanda unlawful. Led by the UK Home Secretary, this policy drew intense scrutiny for its potential breach of the principle of non-refoulement, a bedrock of international refugee and human rights law, as per which, a country...
International Cooperation And Legal Mechanisms To Combat Wildlife Black Market Activities
Wildlife crime like illegal drugs and weaponry, are trafficked by deadly transnational networks. It is nearly impossible to collect credible numbers for the value of the illegal wildlife trade due to its very nature. The wildlife trade monitoring network estimates that the traffic is worth billions of dollars. As a result of their increasing focus to unlawful global...
The Quest For Intellectual Property Protection: A Global View On Video Game Characters’ Copyright
The digital age has witnessed an unprecedented surge in the popularity of video games, turning them into a mainstream form of entertainment. Central to the success of many video games are the characters that inhabit these virtual worlds. The protection of these characters under copyright law is a critical aspect of safeguarding the creative efforts invested in their design and...
Filing Of Caveat Under Section 148a Of Civil Procedure Code, 1908
There are prevailing misconceptions among young lawyers and even among the many experienced practitioners pertaining to Caveat. The existing misconception regarding Caveat is the thinking that the Caveat is like a magic wand which when waved will bring the decision of the Court in their favour. This article discusses important judgments, filing of a caveat under Section 148 A of CPC,...
"Parliamentary Privileges In Case Of Defamation Justified Or Not?"
Lawmakers in India enjoy special rights thanks to Articles 105[1] and 194[2] of the Constitution. The said privileges are governed under Rule No. 222 of the Lok Sabha Rule Book and Rule 187 in chapter 16 of the Rajya Sabha rulebook. Members of parliament have an absolute privilege, which means they cannot be sued in any court for defamatory words or sentences spoken during...
All “Disclosure Statements” By An Accused Are Not “Confessions”
A “disclosure statement” made by an accused person leading to the recovery of an object under Section 27 of the Indian Evidence, 1872, can attract the taboo under Sections 25 and 26 of the Evidence Act, only if such a statement includes or amounts to a “confession”.“Confession” is an “admission” which in turn, is a “statement” 2. A closer examination of the scheme...
Democratizing International Tax Law
The Indian Supreme Court, on October 19, reaffirmed an important constitutional principle that international obligations assumed by the executive cannot have the force of law unless definite statutory conditions are met. The judgment, delivered in Assessing Officer (International Tax)vs. Nestle SA, considered whether a government notification is pre-requisite to enforcing...
Jharkhand In Dire Need Of Hematologists – Actions In The Form Of Legal Injunctions Expected From Thalassmia Patients
On October 12, 2023, the Jharkhand High Court after hearing a Public Interest Litigation (PIL) for the cause of thalassemia patients asked the state government to outline the facilities that are available in the state of Jharkhand regarding treatment and blood transfusion to patients suffering from thalassemia. Sickle cell anaemia and thalasmmeia has a reasonable prevalence rate of eight...
Harassment Tort In Different Jurisdictions: A New Horizon
Tort is an infringement of legal obligation which amounts to civil wrong. The purpose of tort law is to provide a relief against a harm that has been done to a person and to protect them from the wrongdoings of others. Usually, this is done by compensating the victim with monetary compensation. In the economically developed nations like U.S.A, Australia, Canada and U.K., tort law...
Can OpenAI Secure the 'GPT' Trademark? A Comparative Analysis Under US And Indian Trademark Laws
Recently OpenAI, a US based software company applied for the trademark of “GPT-5” with the United States Patent and Trademark Office (USPTO). GPT-5 is an advanced version of the ChatGPT AI, which is owned by OpenAI. If the company secured the trademark successfully, then it would ensure an exclusive right over the product. However, the way ahead is not as simple as it may appear....
Bail Under Juvenile Justice Act
The Juvenile Justice Board (JJB) plays a crucial role in implementing the Juvenile Justice Act of 2015. Section 8 of the Act provides that for all proceedings under the Act, the board constituted shall have the jurisdiction. The Court of Sessions or the High Court may interfere only when an order has to be passed under section 19 or when an appeal or revision has to be...
Justice Anand Venkatesh Writes : Dire Need Of “A Tall Figure“ to Guide The Judiciary
On a Sunday afternoon, after a siesta, feeling fresh and rejuvenated, a thought started occupying my mind. This article is the result of a consequential impulse to put these thoughts to paper. The thought that caught my attention was - the exponential improvement in the standards of legal education in India after the advent of National Law Schools, thanks to Dr. N.R. Madhava Menon, the...