The “monte confurco” case (Seychelles v. France) prompt release

Jayant Mudgal, Student of Law, Amity Law School-I Facts1. Monte Confurco, was a fishing vessel, which had flag of state of Seychelles, and was registered by a Seychellian company in 2000. It had license to engage in fishing in international waters. On August 27, 2000 it left Port Loius in Mauritius, for fishing in the Southern Seas. It had a Spanish national...

Fundamental rights and frequencies: Right to broadcast

Sport fixing Betting scam in cricket
Chintan Nirala, 4th Year, B.A., LL.B(HONS.), Faculty of Law, Allahabad University Frequencies or Signals are an indispensable requirement for Communication, Media, Entertainment, or Technology. In other words, it is sine qua non for CMET. They may be unsuccessful in serving their purpose without the involvement of frequencies. It is the part of technology...

The rights and the wrongs of death and life

Arpitpushp Chaturvedi and Utkarsh Jain The paper we have written attempts to explore the dilemma and irony surrounding the section 309 of the Indian Penal Code. The section deals with the criminalization of attempt to suicide. Our paper discusses whether section 309 of the IPC should be unconstitutional, thus, indirectly granting a right to death or whether...

Armed Forces Special Power Act and women safety

Armed Forces Special Power Act and women safety
Maitri Tandon, Student of Law, Symbiosis Law School ABSTARCT This research paper concerns in itself the scenario of the northeastern and the northern states of our country, India after the inception of the Armed Forces Special Power Act. The researcher has penned down her own views on, what should be the ambit of area in which the Act should be imposing....

Ashoka Kumar Thakur v. Union of India

Supreme Court of India
A curious case of judicial indiscipline Gautam Mohanty, Student of Law, National Law University, Odissa The vicissitudes of the law of reservation were duly set about and demarcated in the case of Indira Sawhney v. Union of India1. The judgment of nine judges collectively with a majority upholding the provision of reservations to the Other Backward Classes...

Novartis AG v. Union of India and Glivec patenting

Novartis Glivec
Reasons, Results and Repercussions of India’s fight against evergreening Preena Salgia, Student of Law, NLIU, Bhopal Glivec, an anti-cancer drug developed by the pharmaceutical giant Novartis, created a furore in the Indian drug industry when its patent application was rejected by the highest court of appeal in the country. The rejection was largely a result...

Case Analysis: In re Roslin Institute (Edinburgh)

Patent
Aastha Tushar Mehta & Bandhan Umesh Sheth1. Cloning is seen as one of the marvels of scientific inventions, and a stride ahead in the field of biology.  First ever produced mammal clone was “DOLLY” the sheep which was created by Keith Henry Stockman Campbell and Ian Wilmut, by a process called somatic cell nuclear transfer, wherein the researchers...

Fatwas have no legal standing: Supreme Court

Supreme Court of India
Dr. Ravishankar K. Mor, Asst. Prof., Dept. of law, Yeshwant Mahavidyalaya, Wardha VISHWA LOCHAN MADAN Vs UNION OF INDIA & ORS. (W.P. (civil)No. 386/2005) Date of Judgement 07.07.14 OPPORTUNITY LOST Petitioner alleges that all Fatwas  have  the  support  of  All India Muslim Personal Law Board and it is striving for the establishment  of parallel...

Tracing official bias from Gullapalli to Doctrine of necessity

Supreme Court of India
Palak Gupta, Student of Law, Gujarat National Law University It is the spirit and not the form of law that keeps justice alive.  ~ Earl Warren. Natural Justice is an important concept in administrative law. In the words of Megarry, J.1it is ‘justice that is simple and elementary, as distinct from justice that is complex, sophisticated and technical.’...

Professional Educational Institutions: A Profit Making Industry

Author : VS Warrier For over a decade, there has been growing concern that opportunities for higher education to the weaker/minority sections of the society are rapidly getting eroded. The persistence of inequities is manifest in local and regional disparities of access, gender discrimination, non-affordable fee structures, confusing eligibility requirements,...