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LexForti Legal News Network

Conviction stayed! Disqualified or not?

Sridhruti Chitrapu | 22nd November 2019 Lok Prahari (through its general secretary, S.N. Shukla) vs Election Commission of India and others Introduction  In cases where there is a criminal charge…

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Survival of Employee Stock Options through the IPO process: Are former employees stranded?

Nandini Tripathy | Symbiosis Law School | 17th October 2019 Background Over the years, groups have used employee inventory option schemes (ESOP Schemes) as a powerful method to align employee…

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The Universal Periodic Review Procedure: Does it Add Value in implementing Human Rights?

Riya Gulati | University College Dublin, Ireland | 18th October 2019 The Universal Periodic Review is a

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Human Trafficking and Prostitution

Utkarsh Bhatt, Saumya Sharma | ICFAI University, Banasthali Vidyapeeth | 19th October 2019 INTRODUCTION India, one of the largest democracies in the world, has constitutionally prohibited traffic in human beings…

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SHAH BANO CASE

Shah Bano Case: Section 125 of Criminal Procedure Code is secular in nature

Charu Singhal | Bharati Vidyapeeth University | 20th October 2019 MOHD. AHMED KHAN V. SHAH BANO BEGUM DATE OF JUDGMENT: 23 April, 1985 CITATION: 1985 AIR 945, 1985 SCR (3)…

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“Independence of Judiciary” – A Getaway tool used by the Indian Judiciary after violating Natural Justice

Shagun Singhal | National Law Institute University, Bhopal | 21st October 2019 It is analyzed here as to how the “Independence of Judiciary” is being used as a tool by…

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SHAH BANO CASE (2)

Examining the concept of ‘unconscionability’ as a grounds for avoiding an agreement

Advik Rijul Jha | Jindal Global Law School | 22nd October 2019 What is meant by unconscionability under contracts? Unconscionability in general parlance refers to the ‘unequal bargaining power’. In…

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MARITAL RAPE EXEMPTION – AN ANACHRONISTIC IMPUNITYMARITAL RAPE EXEMPTION – AN ANACHRONISTIC IMPUNITY

Marital Rape exemption – An anachronistic impunity

Chanchal Dhakad | National Law Institute University | 23rd October 2019 INTRODUCTION Marital rape is a disgraceful offence that has scarred the trust and confidence in the institution of marriage.…

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Right to Information: Pride of Democracy

Vasundhara Kaushik | Faculty of Law, University of Allahabad | 23rd October 2019 Introduction The Right to Information Act, which was passed by Parliament on June 15, 2005, and came…

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Mathura Rape Case: Landmark case which led to the Criminal Law (Second Amendment) in 1983

Charu Singhal | Bharati Vidyapeeth University | 24th October 2019 FACTS OF THE CASE: Appellant No. 1 was a Head Constable of police, was attached to the Desai Gunj police…

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TUKARAM V. STATE OF MAHARASHTRA

BENCH:  Jaswant Singh, P.S. Kailasam and A.D. Koshal CASE NUMBER:  Criminal Appeal No. 64 of 1977 DATE OF DECISION: 15/09/1978 CITATION: 1979 AIR (SC) 185: 1979(1) SCR 810: 1979(2) SCC…

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Satyam Scandal: The biggest issue revolving around Corporate Governance

Charu singhal | Bharati Vidyapeeth University | 25th October 2019 INTRODUCTION: Till about two decades ago Corporate Governance was relatively an unknown subject. The subject came into prominence in the…

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Arbitration in India: A study of issues and challenges

Charu Singhal | Bharati Vidyapeeth University | 26th October 2019 Introduction The economic reforms of the year 1991 changed the trade climate all over the country by opening gates to…

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Irretrievable Breakdown of Marriage: Need of an Hour

Jyoti Sharma | National Law University and Judicial Academy Assam | 27th October 2019 Introduction Marriage is a sacred institution and it is the very foundation of a stable family…

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Hate Crimes Against the Disabled Community: The Lesser known side

Centre for Rights of Differently Abled (CRDA) | 30th September 2019 Disability related hate crime have become a very common evil in today’s world. This means subjecting a disabled person…

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Women’s equality issues in Public Spheres.

Charul Mishra, Rohit Pradhan | 30th September 2019 Introduction Gender Equality is an important goal now. It is not a fundamental right but it is important for the stable growth…

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Impacts of #metoo Movement

Yashvi Jain, 2nd Year (B.A. L.L.B), Rajiv Gandhi National University of Law, Punjab | 3rd October 2019 Introduction A movement is an act or process of moving forward. In the…

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HEALTH CARE FEDERALISM IN CANADA

The Gradual Defederalization of Canadian Health Policy

1. Introduction Rohit Pradhan | 3rd October 2019 This Article is response to the Author Peter Graefe and Andrew Bourns work’s The Gradual Defederalization of Canadian Health Policy. Author’s observation…

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No Disciplinary Proceeding will be initiated because of wrong orders given by Judicial Officer.

Rohit Pradhan | 4th October 2019 Krishna Prasad Verma v. State of Bihar, Civil Appeal No. 8950 of 2011 Principle: Merely because wrong order was passed, disciplinary proceeding should not…

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Food adulteration charges cannot be dropped, merely because there was a marginal deficiency

Rohit Pradhan | 5th October 2019 Raj Kumar v. State of U.P., CRIMINAL APPEAL NO. 1541 OF 2019 Background: When sample was taken from the accused, the Milk Fat was…

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HEALTH CARE FEDERALISM IN CANADA (1)

Supreme Court ordered status quo on cutting of the trees of Aarey Colony in Mumbai, till the further orders.

Rohit Pradhan | 7th October 2019 Background:  Two judges bench comprising of Justice Arun Mishra and Ashok Bhushan was constituted after numerous law students wrote letter to C.J.I Ranjan Gogai…

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Different pay scales in the same cadre now permissible

Sridhruti Chitrapu | 8th October 2019 Punjab State Electricity board and anr. v.Thana Singh and ors. (2019) 4 SCC 113 Facts of the case The respondents were employed by the…

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Asahi ‘snow’ beer

Trademark granted to Asahi ‘snow’ beer despite opposition by China based brewery

Tejas Sateesha Hinder | National Law Institute University, Bhopal | 16th October 2019 Background Recently, Asahi Holdings UK Limited (hereinafter ‘Asahi’) has succeeded in obtaining a trademark in The United…

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Charges under section 376(1) [Rape] to be proved beyond a reasonable doubt.

Rohit Pradhan | 2nd September 2019 Sangay Bhutia v. State of Sikkim, MANU/SI/0036/2019 Case Brief- According to Prosecution story, victim’s husband filed lodged complaint stating that, while her wife was…

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Did you know we can get live coverage on case proceedings in the Supreme Court?

Sridhruti Chitrapu | 15th September 2019 In the recent case of Swapnil Tripathi and Ors. v. Supreme Court of India and Ors. the Supreme Court held that live streaming is…

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