Legally Speaking

Unlocking the reality of preventive detention laws in India

03 Dec 2021 01:42 AM IST

Criminal laws act as a tool to prosecute criminals and also to prevent or reduce the risk of an anticipated future harm. Such measures enable the state to criminalize conduct at an early stage in order to allow the authorities to take action, to incapacitate suspected future wrong doers, keeping

SC RIGHTLY OVERTURNS TWO BOMBAY HC JUDGEMENTS ON POCSO

02 Dec 2021 02:31 AM IST

In a most significant turn of events, we saw how just recently on November 18, 2021, the Apex Court in Attorney General for India v. Satish and another in Criminal Appeal No. 1410 of 2021 (@ Special Leave Petition (CRL) No. 925 of 2021) and connected appeals, held that touching

Biomedical Waste Disposal: An Analysis

01 Dec 2021 02:08 AM IST

Biomedical waste is composed of animal and human waste, treatment equipment, for instance, syringes, needles, and the other different kinds of amenities in the process of research and treatment (Bio-Medical Waste Management Rules, 2016). Adequate biomedical waste management concerning the proper rules and regulations were consistently overlooked for years, specifically

Cyber crime regulation

01 Dec 2021 02:04 AM IST

NEED The criminal abuse of information technology and the necessary legal response are issues that have been discussed ever since technology was introduced. Over the years, various solutions have been implemented at the national and regional levels. One of the reasons why the topic remains challenging is the constant technical

Differential pricing of products in India: An analysis

30 Nov 2021 03:19 AM IST

The Department of Legal Metrology (DLM), Bureau of Indian Standards (BIS), and the Food Safety and Standards Authority of India (FSSAI) are the primary regulatory authorities of domestic/foreign packaged, pre-packaged, or food items in India.

AMENDMENT: UCC TO BE CHANGED FROM DPSP TO FUNDAMENTAL RIGHT

29 Nov 2021 02:50 AM IST

No one in our country, our political leaders or individuals, have ever concentrated their efforts towards defining the Uniform Civil Code, All we know is that some common law covering issues relating to marriage, succession and property is called Uniform Civil Code but what these laws would be is anyone’s

JURISDICTION OF NCLT TO ADJUDICATE CONTRACTUAL DISPUTES DURING MORATORIUM: REVISITING THE POSITION

29 Nov 2021 02:48 AM IST

INTRODUCTION The Insolvency and Bankruptcy Code, 2016 has faced criticism over the past many years, but there still exists a debatable question on whether the code has been a successful outcome in the Country or not? Further, what makes this enactment better than the earlier one? In an opposed system,

Intolerance and the search for identity: A history of communal tensions in Bangladesh

27 Nov 2021 02:57 AM IST

“For our language many have died Drawn from the arms of our mother But down the road smeared with their blood I hope freedom will come to this land The simple language of a simple people Will meet the demands of this our land” -Sufia Kamal The world today has

Stern law on population control is need of the hour

26 Nov 2021 01:32 AM IST

In recent years, attention has been focused on the problems of overcrowding and efforts to curb population growth. Most modern estimates of global governance under existing conditions range from 4 billion to 16 billion. Depending on the scale used, the full caused concern. This rapid rise is due to a

AN ADVOCATE CANNOT BE BOTH POWER OF ATTORNEY HOLDER OF CLIENT AND HIS COUNSEL: DELHI HC

25 Nov 2021 01:49 AM IST

In a very significant development, we see that the Delhi High Court has as recently as on November 17, 2021 in a learned, laudable, landmark and latest judgment titled Anil Kumar and Anr. Vs Amit and other connected matters in C.R.P. 75/2020 & CM APPL. 29472/2020 and others has minced

INVALIDATING RETROSPECTIVE TAXATION CLAUSE: SIGNIFICANCE AND IMPLICATIONS

25 Nov 2021 01:46 AM IST

An enactment or amendment made by the Parliament which expressly states that it should be implemented from a preceding date is said to be retrospective in nature. This modus operandi of taxation is used by the states to rectify the anomalies in policies that could have enabled the firms in

ANALYSIS OF CONSUMER PROTECTION ACT, 2019: A DICHOTOMY OF CONSUMER’S AND SELLER’S RIGHTS

24 Nov 2021 02:37 AM IST

Introduction: In the past decade due to the globalization and dynamic character of the market, relations between consumers and sellers have changed multi-fold. In the digital age, the E-Commerce market has eclipsed the traditional market to a reasonable extent. Thus, in the revolution brought by digitalisation Application of Consumer Protection