Articles
India's Legislative Shield Against Infant Formula Risks And Lessons From The Abbott Case
The recent legal case wherein Abbott Laboratories was fined $500 million by a US jury for allegedly concealing the risks associated with its premature-infant formula, Similac Special Care 24, underscores significant ethical and legal considerations. This cow's milk-based product is implicated in causing necrotizing enterocolitis (NEC), a severe and potentially fatal bowel...
Amendments To Voluntary Delisting In India: An Analysis
The Securities and Exchange Board of India (SEBI) approved some proposals to amend the country's current legal framework on 27 June 2024, which dealt with the delisting of equity shares from public markets (Proposed Amendments). It is anticipated that this will address concerns that have deterred attempts to delist companies from Indian capital markets. The Securities and Exchange Board...
Safeguarding Litigant Dignity: Embracing Judicial Restraint And Mutual Respect In Courtrooms
The recent judgment by Justice M.Nagaprasanna of the Karnataka High Court, which quashed the prosecution of a husband under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act, has sparked considerable debate and has been widely reported by various media outlets. Beyond its legal implications, the judgment raises significant concerns about the dignity of a litigant in...
Sanctity Of Restrictive Covenants In Employment Contracts
Nowadays non-solicitation clauses and non- compete clauses, a type of restrictive covenant, have increasingly become a matter of litigation between employers and employees. Restrictive covenants: An employment contract generally includes restrictive covenant clauses to protect the interest of the employer after an employee leaves their organization or business. In most of the...
The Doctrine Of Per Incuriam In Indian Jurisprudence: Implications And Judicial Responses
The Indian higher judiciary, represented by the Supreme Court and High Courts, plays a crucial role in adjudicating and interpreting laws within the country's legal framework. The decisions these courts render serve as binding precedents for the lower judiciary, guiding the application and interpretation of the law. Article 141 of the Constitution of India has the binding nature...
Bombay High Court Judgement Celebrates The Purpose Of Right To Education
On 19th July, Bombay High Court ruled that the Maharashtra Right of Children to Free and Compulsory Education (Amendment) Rules 2024 is ultravires to the Right to Education Act 2009 and Article 21 A of the Constitution of India. The amendment added a proviso in Rule 4 (5) of the Maharashtra Right of Children to Free and Compulsory Education Rules 2011 which reads that “Local...
Institutionalizing Stipend System For Young Litigation Advocates
With recent Hon'ble High Court of Judicature at Madras Judgment[1] on stipend to young advocates, many multi-faceted discussions have come up as to the implementation of the same. Although of Tamil Nadu and Puducherry has issued a circular intimating the order to all the lawyers and for implementing the same. The responsibility to provide stipend falls on the Advocates and Senior...
The Lacuna In POCSO 2012 In Terms Of Exposure Of Children To Pornography
The intentional exposure of children to pornography and other such obscene material has been a long-standing issue which plagues society. It is something which has conclusively been proven through various research and studies to affect the overall mental and physical development and well-being of a child in a very deleterious manner. It is perhaps in recognition of this very fact...
One Of The Absurdities Pointed Out In Section 187 (2) Of BNSS Continues To Pose A Threat To The Liberty Of An Accused Person
Section 187 (1) and (2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS for short) read as follows:-187: Procedure when investigation cannot be completed in twenty-four hours.--“(1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 58, and there are grounds for...
Unionisation Of Sex Workers In India
Prostitution is the most established calling on the planet but is as yet not thought about as a genuine calling. It stands to reason that if workers in the sex industry were treated and regulated in the same manner as those working in more conventional establishments, the industry would be more efficient and the workers would be sufficiently protected. In India alone, there are over...
The Paradox In Hit And Run Cases Under Bhartiya Nyaya Sanhita, 2023
The Motor Vehicle Act, 1988 (“MV Act”) lays down special provisions for compensating the victims of a “hit and run motor accident.” A perusal of the definition of the term “hit and run motor accident” covers those vehicles/wrongdoers whose identity is unascertained, despite reasonable efforts being taken. Nevertheless, victims/representatives of the victims are...
