Protection of Good Samaritans in accident cases: SC

Ipsita Mishra People race against time driving through packed city roads with horns on. Speed barriers and traffic rules hardly matter now a days and the result is accidents. The courts tend to adopt a generous attitude to good Samaritans and, in such a case, would take into account the emergency nature of the situation and attendant circumstances – including...

Schizophrenia cannot be a Ground for Divorce: Supreme Court

Ankita Sharma The bench of Supreme Court Judges, Justice G.S. Singhvi and Justice V. Gopala Gowda in the case of Kollam Chandra Sekhar v/s Kollam Padma Latha held that, “temporary ill-health including schizophrenia, a mental disorder, which is curable cannot be a ground for divorce under Section 13(1)(iii) of the Hindu Marriage Act, 1955.”The Appeal...

Builders will have to pay Value Added Tax now: SC

Ipsita Mishra Builders will have to pay Value Added Tax now according to the decison given by the Supreme Court. The Supreme Court had clubbed all 26 appeals on this issue. The three judge bench comprised Justice RM Lodha, Justice J Chelameswar and Justice Madan B Lokur, upheld the decision given by the High Court. The state’s decision has been challenged...

The ‘Perfectionist Aamir Khan’ acts ‘Imperfectly’ with CCI

Swarnim Shrivastava Aamir Khan, popularly known as the perfectionist actor of Bollywood film industry, has been charged with penalties for infringement of Competition Act, 2002. As the Competition Act of India is civil in nature, there is no room for imprisonment, however penalising in monetary terms is provided for under the Act. The Competition Commission...

Variations in liability – Mistake, intoxication, compulsion, legally abnormal persons

Ria Tandon, Research Associate DIFFERENCE IN LIABILITY IN GENERAL EXCEPTION Criminal liability has been clearly defined by the lexicon dictionary as something where there is a presence of accountability and responsibility to the other person by the ways like that of criminal sanction1. Through this paper the author wishes to bring forth the meaning the liability...

Effect of Kyoto Protocol in Sustainable development

Existence and Effect of International Conventions dealing with Sustainable development With special reference to Kyoto Protocol Shashank Sahay, Research Associate International Law is defined as the law governing sovereign countries. It has also been called the law for the world community, since world today comprises of the community of mankind living in...

Impact of Digital Technology on Copyright

Ipsita Mishra, NLU, Odisha COPYRIGHT INFRINGEMENT All or any substantial part of the work is prevented from copying. The substantial part of the work includes mainly the quality of work rather than the quantity. There can be copyright infringement where only a small portion of the work is copied but the portion is of great qualitative importance in the original1....

Coal Scam: A Matter of Public and National Interest

Ipsita Mishra Media being the fourth pillar of the Constitution plays a very important role and hence the readers should have complete knowledge about the entire controversy. The corrupt practices or the public voices will be formed by the media. Jindal Steel pleaded that there was criminal defamation by the media group, comprising of the editor, editor in...

Article 17 of the UNCITRAL Model

Risha Sharma, Research Associate The UNCITRAL is a core legal body of the United Nations system in the field of international trade law. It is a legal body with universal membership specializing in commercial law reform worldwide for over 40 years. Briefly, the UNCITRAL’s business is the modernization and harmonization of rules on international business....

Mental Illness no ground of Divorce: Supreme Court

Subhro Bhattacharya In a verdict which is set to affect millions of petitions seeking divorce on grounds of mental illness, the Supreme Court on September 17th, 2013 held that temporary illness including schizophrenia is no ground of divorce under Section 13(iii) of the Hindu Marriage act,1955. The verdict in which the Apex Court underlined the sanctity of...

Ensure Justice to Needy: Says Supreme Court Judge

Subhro Bhattacharya Underlining the need to be pro-active in ensuring Justice to the unprivileged Justice Kurian Joseph of the Supreme Court said that being the guardian of the Constitution the High Courts have the duty to ensure that the poor and the needy in society gets access to justice. The statement made by the Honourable Justice while inaugurating...

Call for Papers: Lex-Warrier: Online Law Journal

The Lex-Warrier: Online Law Journal (ISSN: 2319-8338) invites articles on any of the following themes for its January 2014 Issue; Law of the Sea Human Trafficking Law of War/War Crimes Word limit should be between 4,000-5,000 words containing a comprehensive study of the theme and is expected to engage with the theme comprehensively, examine literature...

Law for the savior: initiation of Good Samaritan law in India

Shatrunjay Bose It was only a recent shock for our country when a 23 year old rape victim injured and laid naked along with her friend on the busy streets our capital New Delhi in the chilling month of December. They were wounded badly and cried helplessly from several passerby and vehicles but to their misfortune no one stopped to help them. But currently...

India – Mauritius Double Tax Avoidance Agreement – No More Undue Advantage To Companies

Swarnim Shrivastava The India-Mauritius Double Tax Avoidance Agreement has played a vital role in facilitating foreign investment in India. However, the Double Tax Avoidance Agreement has come under criticism for encouraging round-tripping of investments, resulting in loss to exchequer in India. In a bid to avoid tax liability, companies route their investments...

Call for Papers – Student Law Review Nirma University

The Student Law Review Committee of Institute of Law, Nirma University is pleased to announce a Call for paper for Volume III, Issue I of Student Law Review. We hereby invite submissions for the Research Articles, Case Analysis and Book Reviews. The Student Law Review is an e-journal aimed at institutionalizing and channeling the analytical and incisive articles of students towards value addition...

A Portrait of Conciliation as Method of ADR: An Analytical Perspective

Pankaj Sevta, Research Associate Art. 1(3) of the UNCITRAL Model Law on International Commercial Conciliation 2002 defines Conciliation to mean “a process, whether referred to by the expression conciliation, mediation or an expression of similar import, whereby parties request a third person or persons (‘the Conciliator’) to assist them in their attempt...

Principles of Criminal Liability

Ria Tandon, Research Associate Criminal liability has been defined by lexicon dictionary as something wherein there is accountability and responsibility to another by the ways of legal criminal sanction1. Through this paper we are trying to understand the principles of criminal liability. Criminal guilt would attack the violator of the criminal law. However...

Enforcement of Foreign Arbitration Awards in India, Malaysia and Indonesia

Risha Sharma, Research Associate What is arbitration? Black’s Law Dictionary defines arbitration as ‘a method of dispute resolution involving one or more neutral third parties, who are agreed to by the disputing parties and whose decision is binding’. It has been recognised as an effective form of dispute resolution mechanism. It primarily consists...

An Overview of Privacy, Data Protection and Cyber Security in India

Dr. Sreenivasulu NS1and Jagadish AT2. “You can have security and not have privacy, but you cannot have Privacy without security.” —Tim Mather The Right to Privacy is one of the man’s most precious possessions3. The word privacy has been derived from the Latin word “Privatus which mean separate from rest” It can be defined as capability of an individual...