Indian Young Lawyers Association V. State Of Kerala (Case Analysis)

“The State is no position to be, nor should it become, the arbiter of religious dogma” Justice Iacobucci, Syndicat Northcrest v. Amselem[1] India is a secular country [2] where all religions have endowed with the freedom of religious practice as a major right under Article 25 and 26 of the constitution.[3] The questions of theContinue reading “Indian Young Lawyers Association V. State Of Kerala (Case Analysis)”

The Devious use of Ordinances by the Legislature

Generally, there are three main categories of governmental functions, namely, the legislative, the executive, and judicial functions. To exercise these functions there are three main organs of the government in a State, namely, the legislature, the executive, and the judiciary. In a free democratic state, there must exist a separation of powers between the organsContinue reading “The Devious use of Ordinances by the Legislature”

Plea Bargaining in India

The Indian judiciary is very well known for its unbiased nature, delivery of justice, and independent status in the country. Our forefathers have always given justice a dominant position. In spite of all the written provisions in the largest Constitution of the world, there has been a huge backlog of cases in the country. ThisContinue reading “Plea Bargaining in India”

Position of Fundamental Rights In Re Of The Proportionality Test

‘We the people of India’ are guaranteed some fundamental civil and political rights to safeguard individual liberty and equality under the constitution. Under part III of the constitution, six fundamental rights are given to the citizens laid down from Article 14 to 35.[1] These rights are essential to ensure social, economic, and political justice andContinue reading “Position of Fundamental Rights In Re Of The Proportionality Test”

Importance of Judicial Role in Law Making

In India, the successful functioning of Indian Judiciary over the years that fall fundamentally within the legislation raises some real and noticeable concerns such as ‘Judicial Activism.’ Similarly, this part of ‘Judicial Activism’ holds the distance from being a true field among others since the law made by the judge has got enormous recognition throughoutContinue reading “Importance of Judicial Role in Law Making”

Development of Environmental Laws: Indian Perspective

Nature is the common heritage of mankind. To preserve this nature i.e. environment mankind must make constant efforts. When voluntary action of lawmakers fails, a necessary action must take over. By this process, environmental law came into force. Environmental pollution is existing from the time when the evolution of homo sapiens on the planet tookContinue reading “Development of Environmental Laws: Indian Perspective”

Principle of Noscitur a Sociis

‘A man is known by the company he keeps.’ –Aesop The will of Legislature is expressed in the form of statutes and it is possible that when Judiciary applies the statute, then some words of the statute are ambiguous and sometimes the whole provision of the statute is not clear so the Judiciary interprets orContinue reading “Principle of Noscitur a Sociis”

Tender of Pardon under the Code of Criminal Procedure

A Pardon is an act of mercy or forgiveness. Tender means “offer”. Tender of pardon thus means an offer of mercy or forgiveness given to a person who is accused of committing, attempting to commit, or being otherwise involved in the commission of a certain offence. A pardon exempts the individual on whom it isContinue reading “Tender of Pardon under the Code of Criminal Procedure”

The Concept of Recognition of States in International Law

The concept of Recognition is closely related to the concept of Statehood. Before a State is recognized as a State, it should fulfill the essential attributes of Statehood as laid down in the Montevideo Conference[1]: Sovereignty Defined Territory Population Government Recognition is the process whereby certain facts are received and invested with legal statuses, suchContinue reading “The Concept of Recognition of States in International Law”

Case Comment – The Italian Marines Case

The case of Republic of Italy v. Union of India[1] was one that managed to grab eyeballs of the legal fraternity not just in the two nations embroiled in the controversy, but across the entire world. The questions of jurisdiction thrown up by this case dazzled international law scholars and sparked a diplomatic fall-out betweenContinue reading “Case Comment – The Italian Marines Case”

Delay in Justice: Should it be Penalized?

Justice is the constant and perpetual will to allot to every man his due.  -Domitus Ulpian A good society requires fair access and administration of justice. It is the means by which all the injustices established in the society can be sanctioned and removed so as to ensure a better, safe, and peaceful society. Mr.Continue reading “Delay in Justice: Should it be Penalized?”

Case Analysis: Swapnil Tripathi v. Supreme Court of India

There are a large number of cases pending in Indian courts and considering this situation it might not be possible for everyone to attend the sessions of apex court because of infrastructural restrictions, security reasons, time constraints and other formalities involved in courts. On any given day, the Supreme Court is heavily packed with Advocates,Continue reading “Case Analysis: Swapnil Tripathi v. Supreme Court of India”

New Zealand Shipping Co vs A.M. Satterwaite: A Comment on the Doctrine of Privity

New Zealand Shipping Co vs A.M. Satterwaite (The Eurymedon) is a 1974 case. It’s a leading contractual law case focusing on the concept of the third party to a contract, specifically examining the conditions under which a third party may seek the benefits of an exclusion clause. In it, the Eurymedon is delivered to Liverpool.Continue reading “New Zealand Shipping Co vs A.M. Satterwaite: A Comment on the Doctrine of Privity”

Intellectual Property amidst COVID-19

COVID 19, short for Corona Virus Disease 2019 has taken the world by storm. Intellectual Property has also been affected. The outbreak of the pandemic saw the cancellation or postponement of various IP events namely the ‘MARQUES Spring Meeting, the IACC Annual conference, ICANN’s Mexico meeting, and the INTA annual meeting. Certain remedial measures wereContinue reading “Intellectual Property amidst COVID-19”