The Marvel Civil War Dichotomy: Revisiting Morality Of Law

To make the world safer, there was an idea to bring together extraordinary people, to fight the battles that ordinary people never could. MCU calls them Avengers; they were the first line of defence. The Avengers fought unprecedented wars, but after the death of tens of thousands of people following the events of the New York battle in 2012, these people were subjected to restrictions under the newly passed law by the United Nations with the help of the king of Wakanda; T'Chaka, i.e. The...

RBI's De Minimis Regulatory Safeguards: Inherent Enigma Surrounding Regulation of Cryptocurrencies

Proliferation of technology and emergence of digital payment services herald ushering of virtual currencies. Internet Technology has revolutionized the conventional conception of currency and financial transactions by begetting a phenomenon known as Bitcoin as the first form of cryptocurrency in the year 2009 by a developer having pseudonym Satoshi Nakamoto. Virtual currencies elude a comprehensive and a precise definition, grappled with semantic vagaries ranging from a property to means...

What's The Lakshman Rekha For 124A?

The recent action of filing an FIR on charges of sedition by the Andhra Pradesh government against MP Raghurama Krishna Raju and also on news networks for airing such information reminds us of colonial period rule. The country that takes pride in being the biggest democracy ranks 142/180 in the World Press Freedom Index, and the fundamental right to seek and disseminate information through an independent press is under attack, and one of the perpetrators is unexpected – our very own leaders....

Enlargement of Scope & Changed Judicial Contours of Section 138 NI Act Before SC's Ruling in M/s Laxmi Dyechem v. State of Gujarat

This extant academic exercise would endeavour to adumbrate and debunk the follies of strictly construing a penal provision as contained in Section 138 of the Negotiable Instruments Act, 1881 so as to accord the defaulters a lucrative incentive to elude conviction for dishonoring a cheque payable to discharge the legally enforceable debts or liabilities and further to exhort readers to eschew adopting a construction that would invariably render the object of the statute as well as the...

The Draft Model Tenancy Act, 2020

The Ministry of Housing and Urban Affairs ("Ministry") has prepared a Draft Model Tenancy Act, 2020[1] ("MTA") with the objective of balancing the interests and rights of landlords and tenants and to create a more efficient and transparent system for renting premises, both residential and commercial barring those for industrial use. According to a background note[2] issued by the Ministry in respect of the MTA, the Government wishes to promote the growth of the rental market by creating a...

Constitutionality Of Narco-Test

The debate around the Deception detection tests in India sparked when on the night of Friday, 2 October, the Uttar Pradesh government issued a press note wanting narco-test of family of the victim in hathras rape incident. So, this article will focus in detail about the deception detection tests like polygraph, narco-analysis test, and their constitutional validity along with its criticisms.

Custodial Torture And Deaths: The Dark Side Of Indian Police

The deaths of Jayaraj and Bennix at Santhankulam in Tuticorin, Tamil Nadu due to torture in police custody has once again brought into light the ugly side of the methods used by the India's police authorities. Custodial violence and torture are so rampant in India that it has almost become routine. It represents the worst form of excesses by public servants entrusted with the duty of law enforcement.[1] The latest incident of Jayaraj and Bennix is just one drop in the enormous sea of cases of...

Residential Fees For Schools And Colleges – Whether Payable During Pandemic?

Covid-19 has had a significant impact on society. Besides causing loss of life in large numbers, it has had a devastating effect on the economy. The Government has issued various notifications under the Disaster Management Act, 2005to mitigate loss of life due to the virus. One of the decisions taken by the Government for mitigation of loss of life has been the imposition of a lockdown throughout the country. All educational institutions have been closed during the lockdown and continue...

BCI Direction To Conduct End Semester Examination : A Constitutional Scrutiny

The Bar Council of India vide its communication dated 27th May, 2020 (bearing letter No.BCI:D:1401/2020) read with the Press Release Dated 09.06.2020 has directed the Law Universities to conduct examination for the final semester students in online mode or alternatively through any other appropriate method and for the intermediate semester students after reopening of colleges/universities. This move by the Bar Council of India has raised certain significant concern about the possible ...

Addressing Ground Reality & Busting Myths Of Mediation

Whilst the fate of litigations is prima facie due to the several stages involved in a case proceeding, there has been a considerable focus upon the several mechanisms available under the framework of Alternative Dispute Resolution (hereinafter "ADR"). Pertinently, there has been a constant cloud over the fundamentals involved in the ADR mechanisms. With a fairly acceptable statutory framework prescribed for Arbitration & Conciliation in India, there has been a constant legal vacuum in...

Towards A Legal Framework To Tackle Fake News

"We are not just fighting an epidemic; we are fighting an infodemic. Fake news spreads faster and more easily than this virus, and is just as dangerous" remarked Adhanom Ghebreyesus, Director-General, World Health Organisation (WHO), while expressing his concern over the menace of fake news amid the global COVID-19 crisis. COVID-19 is not the only thing that has gone "viral" in the first quarter of 2020; with it has also spread the menace of fake news in India, perhaps faster than...

Moving Beyond Force Majeure Under Contracts: What Happens To Obligations Under Other Statutes?

In this time of panic created by the coronavirus, there have been many discussions about the virus constituting a force majeure under contracts. According to the Black's Law Dictionary, force majeure is defined as "An event or effect that can be neither anticipated nor controlled." This clause excuses the parties from performing their obligations under the contract if the impossibility of performance arises due to a force majeure. However, this force majeure clause will only protect the...